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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 22-06: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (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.
Item Title: 10.7
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e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured 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, Item Title: 10.7
McCall Boulevard Widening Project Agreement
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“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 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 Item Title: 10.7
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Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct 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.
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 13
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Item Title: 10.7
McCall Boulevard Widening Project Agreement
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Item Title: 10.7
McCall Boulevard Widening Project Agreement
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9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Min Zhou (“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.
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 16
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Carlos Geronimo, Pricipal 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:
KOA Corporation
Attn: Min Zhou
2141 West Orangewood, Suite A
Orange, CA 92868
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Pricipal 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 Item Title: 10.7
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.7
McCall Boulevard Widening Project Agreement
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Min Zhou, CEO
Juan Gutierrez, CFO
[Corporation must have two signatures]
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 19
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7630376.2 a01/03/22 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include but are not limited to comprehensive Civil Design, Plans, Specifications, and Estimate (PS&E) Services for CIP 22-03 McCall Blvd Widening Project in the amount not to exceed FIVE HUNDRED SEVENTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY FOUR DOLLARS AND ZERO CENTS ($578,884.00) as further detailed in the following page(s).
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 20
Menifee Mayor and City Council February 16, 2022
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7630376.2 a01/03/22 EXHIBIT A.
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 21
Menifee Mayor and City Council February 16, 2022
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7630376.2 a01/03/22 EXHIBIT A.
Item Title: 10.7
McCall Boulevard Widening Project Agreement
Item Page Number: 22
Menifee Mayor and City Council February 16, 2022
CITY OF MENIFEE
SUBJECT: Peacock Place Community Resurfacing Project Agreements MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an Owner-Contractor Agreement with Copp Contracting in the amount of $935,463.80 for the Peacock Place Community Resurfacing Project, Capital Improvement Project No. CIP21-17, located south of Chambers Avenue and east of Valley Boulevard; and
2. Approve and authorize the City Manager to execute Amendment No. 1 with Inland Foundation Engineering for materials testing services, extending the term of the agreement to December 31, 2022.
DISCUSSION
The Peacock Place Community Resurfacing Project (Project) consists of resurfacing the existing road, restriping, and the removal and replacement of non-compliant accessible curb ramps. The project is in the Peacock Place neighborhood located south of Chambers Ave. and east of Valley Blvd. The total length of the project covers approximately 1.4 miles. The project was included in the City’s five-year Capital Improvement Program as a Priority one project.
Staff administered a competitive bid process, and the Project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on January 11, 2022. A total of ten bids were received, as summarized in Table 1 on the following page.
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
CIP 21-17 Bid Award
February 16, 2022
8 5
7 Table 1- Bid Response Summary
Bidders
(Lowest to Highest) Total Bid Lowest Responsible Bidder Engineer’s Estimate $1,100,00
Copp Contracting, Inc. $935,463.80 X
All American Asphalt $949,774
R.J. Noble Company $970,460.70
L.C. Paving & Sealing $985,090.13
Hardy and Harper, Inc. $1,038,000
ATP General Engineering Contractors $1,078,003
Hillcrest Contracting, Inc. $1,088,891
Wheeler Paving $1,133,925
I.E. General Engineering, Inc. $1,136,654.50
Alfaro Communications Construction $1,595,737.67
Staff reviewed the apparent lowest bidder and determined Copp Contracting, Inc. met all the requirements for recommendation as the lowest responsive and responsible bidder.
The anticipated total construction cost including materials testing, labor compliance, inspection, and other costs typically associated with construction is $1,039,009.80. Construction management would be performed by City staff, while material testing and labor compliance services would be conducted by a consultant.
If approved by the City Council, the tentative Project schedule would be as follows:
Construction Start: April 6, 2022
Construction End: June 8,2022
City Council Acceptance: July 6, 2022
*The above timeline assumes no delays due to weather or unforeseen conditions.
The City previously entered into an agreement with Inland Foundation Engineering to conduct materials testing for the Project. The services were needed prior to the construction phase in order to determine the recommended pavement design through sampling of the pavement. The agreement is currently set to expire on February 28 th. In order to ensure the remaining materials testing services are conducted throughout the course of construction, a time extension through December 31, 2022 is required. In accordance with the Menifee Municipal Code, any contract change orders with a time extension greater than 60 days shall be approved by the City Council.
Environmental Impact
The proposed use has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
CIP 21-17 Bid Award
February 16, 2022
8 5
7 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The project is for the resurfacing of an existing paved road and upgrades to accessible ramps as described above. All improvements are within existing city right-of-way. The proposed improvements are a negligible expansion of the existing use. The improvements described above are considered minor alterations to existing streets or similar facilities. The project is exempt per Section 15301.
The proposed project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is already heavily disturbed and is not environmentally sensitive. Notice of Exemption for the Project was recorded with the County of Riverside on January 24, 2022.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The anticipated total construction cost for the Project is estimated at $1,039,010. The available funding for this project within the fiscal year 2021/22 adopted budget is $1,039,550.90. Therefore, the total anticipated project cost is within the total available funding balance as summarized in Table 2 below.
Table 2 – Available Project Funding
Fund Project Account
Number
Available
Budget
Project Cost
Measure DD Peacock Community
Road Resurfacing 105-4555-58116 $1,039,550.90 $1,039,010 Total $1,039,550.90 $1,039,010
ATTACHMENTS
1. Project Location Map
2. Owner-Contractor Agreement with Copp Contracting
3. Inland Foundation Engineering Agreement
4. Amendment No. 1 with Inland Foundation Engineering
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 3
Menifee Mayor and City Council February 16, 2022
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Peacock_Resurfacing\Peacock_Resurfacing.aprx Date: 1/21/2022 Peacock Place Resurfacing (CIP 21-17)
Project Location Map
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 4
Menifee Mayor and City Council February 16, 2022
290/031858-0008
7645681.2 a09/30/21 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 21-17 PEACOCK PLACE COMMUNITY RESURFACING PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and COPP CONTRACTING, INC. (“Contractor”), whose principal business address is 6751 STANTON AVE, BUENA PARK, CA 90621 on the ________ day of ______________, 20_______.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 21-17 PEACOCK PLACE COMMUNITY RESURFACING PROJECT to be constructed at the Various Streets in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 5
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.
8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 6
Menifee Mayor and City Council February 16, 2022
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7645681.2 a09/30/21 Page 3
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 7
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
COPP CONTRACTING, INC.
By:
Name: Ezekiel A. Copp _____
Its: President
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name: Erlinda Copp
Its: Secretary
ATTEST:
By:
Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 384209; A
State Contractor License No. & Class
6751 STANTON AVE
Street Address
BUENA PARK, CA 90621
City, State, Zip Code
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 8
Menifee Mayor and City Council February 16, 2022
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 9
Menifee Mayor and City Council February 16, 2022
290/031858-0008
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 10
Menifee Mayor and City Council February 16, 2022
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EXHIBIT B
CONTRACT PRICE
Nine Hundred Thirty Five Thousand Four Hundred Sixty Three Dollars and Eighty Cents ($935,463.80)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 11
Menifee Mayor and City Council February 16, 2022
290/031858-0008
7645681.2 a00/00/00 Page 8
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 12
Menifee Mayor and City Council February 16, 2022
290/031858-0008
7645681.2 a00/00/00 Page 9
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 13
Menifee Mayor and City Council February 16, 2022
290/031858-0008
7645681.2 a00/00/00 Page 10
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 14
Menifee Mayor and City Council February 16, 2022
290/031858-0008
7645681.2 a00/00/00 Page 11
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 15
Menifee Mayor and City Council February 16, 2022
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7645681.2 a00/00/00 Page 12
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 16
Menifee Mayor and City Council February 16, 2022
* Please attached a second page for additional information to support this agreement.
CITY OF MENIFEE
Agreement/contract coversheet
DATE: March 31, 2021
TO: Armando G. Villa, City Manager
CC:
Agreement Routed/Approved by City Attorney: 3/31/2021 (Via email, attached)
FROM: Carlos Geronimo, Principal Engineer
Diego Guillen, Associate Engineer
Margarita Cornejo, Financial Services Manager
SUBJECT: Professional Services Agreement between the City of Menifee and Inland Foundation Engineering (IFE) for CIP 21-17 Peacock Place Resurfacing Project for Materials Testing
IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (suppl ies, equipment, services or construction contracts)
Public Works Contract for $45,000 or less
No – City Council authorized City Manager to sign (Council action attached)
WHY IS THIS AGREEMENT/CONTRACT NEEDED?
The agreement between the City of Menifee and IFE provides material testing services for CIP 21- 17 Peacock Place Resurfacing Project for Materials Testing. IFE shall provide pavement coring, materials testing during construction, laboratory testing and report preparation services. The intent of the professional service agreement is to evaluate the existing pavement section, then implement the best strategy for re-surfacing these extremely damaged streets. As well as providing construction support services.
Department Date Initials
Jeff B. Wyman, Assistant City Manager
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Deputy City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
INSURANCE REQUIREMENTS
CATEGORY APPLICABLE NOT
APPLICABLE
WAIVED EXPIRATION
DATE
General Liability 3/8/2022
Automobile Liability 3/8/2022
Worker’s Compensation 3/8/2022
Professional Liability 3/8/2022
Other: Umbrella Liability
Other: ________________
APPROVED/REVIEWED BY RISK
MANAGEMENT (R. Cardenas, Risk Manager):
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 3/31/2021
3/31/2021
4/6/2021
4/6/2021
4/7/2021
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 17
Menifee Mayor and City Council February 16, 2022
2 WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of March 24, 2021 through December 31, 2021
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $22,515 (Not-to-Exceed Amount)
HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
City has created an RFQ for On-Call Professional Engineering Service Capital Improvement Program (CIP) in May 2018.
IFE was qualified pursuant to the RFQ completed.
Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process Over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required
WHERE ARE THE FUNDS COMING FROM?
FY 20/21 Project budget
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 105-4555-58011 (Pavement Mgmt Program)
IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? As of 3/26/2021 Account # 105-4555-58011 has a balance of $66,388.20 (See attached Eden Report).
ATTACHMENTS
- CONTRACT/AMENDMENT
- CERTIFICATES OF INSURANCE
- EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 18
Menifee Mayor and City Council February 16, 2022
2671/031858-0001
7630376.2 a02/25/21
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-17 PEACOCK PLACE RESURFACING PROJECT
MATERIALS TESTING
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 INLAND FOUNDATION ENGINEERING, 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 term s of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 24, 2021 and shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants t hat 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 Agreemen t 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 reasonabl y necessary to satisfy Consultant’s obligations hereunder.
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 7th April
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 19
Menifee Mayor and City Council February 16, 2022
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY TWO THOUSAND FIVE HUNDRED FIFTEEN DOLLARS AND ZERO CENTS ($22,515.00) 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 t his 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, f or 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;
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 20
Menifee Mayor and City Council February 16, 2022
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Servi ces 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 p ercent (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 terminat ion. 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 DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Item Page Number: 21
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish a ny facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. 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 o r 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 t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he 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 lia bility 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 DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City wi th 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 21-17 (PEACOCK PLACE RESURFACING PROJECT) MATERIALS TESTING . The name and add ress 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 oper ations 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, of ficials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a v ariation 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 s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind ( including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemn ification 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 fro m 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 personne l 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 a ny 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 compensati on, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreem ent 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 defi ned 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. Co nsultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation t o 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 b y 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 obli gations 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; DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any ta ngible 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 Consul tant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
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9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provi ded, 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 Alle n D. Evans, 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 S ervices, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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10.8 City Contract Administration . T his Agreement shall be administered by a City employee, Diego Guillen , Associate 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:
INLAND FOUNDATION ENGINEERING, INC.
Attn: Allen D. Evans, PE
1310 S. Santa Fe Avenue
San Jacinto, CA 92583
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Diego Guillen, Associate 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 DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 32
Menifee Mayor and City Council February 16, 2022
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IN WITNESS WHEREOF, the Parties hereto have executed and entered i nto 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
Allen D. Evans, P.E., President
Daniel R. Lind, C.E.G., Vice President
[Corporation must have two signatures]
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 33
Menifee Mayor and City Council February 16, 2022
2671/031858-0001
7630376.2 a02/25/21 EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include but are not limited to c omprehensive Materials Testing Services and Geotechnical Services in the amount not to exceed TWENTY TWO THOUSAND FIVE HUNDRED FIFTEEN DOLLARS AND ZERO CENTS ($22,515.00) for CIP 21-17 Peacock Place Resurfacing Project as further detailed in the following pages.
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
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Menifee Mayor and City Council February 16, 2022
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Item Page Number: 35
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 36
Menifee Mayor and City Council February 16, 2022
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7630376.2 a00/00/00 EXHIBIT A
DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Menifee Mayor and City Council February 16, 2022
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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DocuSign Envelope ID: E54D3C4E-68D4-4A4B-842C-EEA8591D02FB DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 41
Menifee Mayor and City Council February 16, 2022
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Item Page Number: 42
Menifee Mayor and City Council February 16, 2022
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Menifee Mayor and City Council February 16, 2022
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Menifee Mayor and City Council February 16, 2022
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Item Page Number: 45
Menifee Mayor and City Council February 16, 2022
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Menifee Mayor and City Council February 16, 2022
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
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Item Page Number: 47
Menifee Mayor and City Council February 16, 2022
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Menifee Mayor and City Council February 16, 2022
From: Margarita Cornejo
To: Paula Muratore
Subject: FW: Agreement Review Request: Professional Services Agreement with IFE for CIP 21-17- Materials Testing Date: Wednesday, March 31, 2021 1:32:02 PM
Attachments: 2021 PW-ENG- PROFESSIONAL SERVICES AGREEMENT (IFE) (CIP 21-17) MATERIALS TESTING.docx
From: Margarita Cornejo
Sent: Wednesday, March 31, 2021 1:32 PM
To: Jeffery T. Melching <[email protected]>
Subject: Agreement Review Request: Professional Services Agreement with IFE for CIP 21-17- Materials Testing
Good Afternoon Jeff,
Attached for your review is the proposed Professional Services Agreement with Inland Foundation Engineering (IFE) for CIP 21-17 (Peacock Place Resurfacing Project) for Materials Testing.
This agreement request is from the City’s Public Works/Engineering Department.
Can you please review and advise if this is ok to start routing for signatures or will require any changes?
Thank you!
Margarita Cornejo | Financial Services Manager
Finance Department
City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 [email protected]
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DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 49
Menifee Mayor and City Council February 16, 2022
*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 50
Menifee Mayor and City Council February 16, 2022
03/26/2021
City of Menifee
1 12:45PM
Page:expstat.rpt Expenditure Status Report
7/1/2020 through 6/30/2021
Periods: 0 through 14
Measure DD Transaction Tax Fund105
Account Number
Adjusted
Appropriation Expenditures
Year-to-date
Expenditures
Year-to-date
Encumbrances Balance
Prct
Used
105-4555 Capital Projects
134,674.24 15,223.80 15,223.80 50.70105-4555-58011 Pavement Mgmt Program 53,062.24 66,388.20 Total Measure DD Transaction Tax Fund 134,674.24 15,223.80 15,223.80 53,062.24 66,388.20 50.70 Grand Total 134,674.24 15,223.80 15,223.80 50.70 53,062.24 66,388.20 1Page:
DocuSign Envelope ID: B07E95D2-A610-421B-9BEC-8B7D33E9D325 Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 51
Menifee Mayor and City Council February 16, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN INLAND FOUNDATION ENGINEERING, INC.
AND THE CITY OF MENIFEE FOR CIP 21-17 (PEACOCK PLACE RESURFACING
PROJECT) MATERIALS TESTING
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on April 7, 2021 between the City of Menifee (“City”) and INLAND FOUNDATION ENGINEERING, INC. (“Consultant”) for CIP 21-17 (PEACOCK PLACE RESURFACING PROJECT) MATERIALS TESTING which Amendment No. 1 is made and entered into on ______________, 2022 to extend the term of service.
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 April 7, 2021 and shall end on December 31, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 52
Menifee Mayor and City Council February 16, 2022
Professional Services Amendment No. 1 with INLAND FOUNDATION ENGINEERING, INC.
CITY OF MENIFEE INLAND FOUNDATION ENGINEERING, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Allen D. Evans, P.E., President Attest: ________________________________
Daniel R. Lind, C.E.G., Vice President
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Peacock Place Community Resurfacing Project Agreements
Item Page Number: 53
Menifee Mayor and City Council February 16, 2022
CITY OF MENIFEE
SUBJECT: CannonDesign Agreement Amendment for Fire Station No. 5 MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with CannonDesign for Fire Station No. 5, Capital Improvement Project No. CIP 21-04, in the amount not-to-exceed of $349,713 and extending the term of services through June 30, 2023.
DISCUSSION
The existing Fire Station No. 5, located on Goetz Road near Palm Drive, is a one-story wood- framed building that was originally constructed in the 1960’s. The outdated facility poses challenges for personnel as its size creates capacity constraints, there are ongoing sanitary issues, and building standards are not updated to current code. Under existing conditions, Fire Station No. 5 can only house three fire personnel. With the continual increases of residential and commercial development in recent years, the fire station facility requires updating to house the appropriate amount of personnel and equipment to support response for the increasing population in the service area.
The new Fire Station No. 5 project would be constructed on a vacant 1.41 acre lot approximately one mile south of the existing station, and approximately 300 feet south of Vista Way on Goetz Road. The project is tentatively scheduled to begin construction in June of 2022. The new station is anticipated to accommodate current service needs and provide for the future expansion of services to meet community safety needs. On April 21, 2021, the City Council approved an agreement with CannonDesign in the amount of $612,347 to provide architectural and engineering services needed for design of the new station and preparation of construction documents.
The agreement is currently set to expire on February 28, 2022. Currently, the Design Plans, Specifications, and Estimates (PS&E) package is at 60% completion. In its current phase, the Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Fire Station No. 5 Design Amendment No. 1
February 16, 2022
7 6
9 project will exceed the term under the existing agreement. The delays in design schedule are attributed to necessary modifications and expansion of the building footprint design requested by the Riverside County Fire Department and the City of Menifee to account for increasing needs caused by growth in the area and to address the 50-year service life.
In addition, staff has requested construction administration support while the building is constructed, this additional scope would ensure that the building is built correctly and that the materials and equipment are installed in compliance with the project specifications. The modifications and expansion to the building design, and additional construction administration support are beyond the original scope of work and were not included in the existing agreement, therefore an amendment to the original contract is required.
The additional scope of work proposed includes the following:
1.Project Scope Expansion: The modifications made to the design included an increase to the size of the building of 2,500 square feet to accommodate more staff, design of Photovoltaic Panels, and the design of a traffic control signal at the apparatus bay area driveway of the Fire Station on Goetz Road. This resulted in an additional fee of $113,821.
2.Construction Administration Phase: Administration services include attendance at project meetings throughout the duration of the project schedule, construction observation reports, review of contractor’s submittals, review of the contractor’s requests for information, review of the contractor’s payment applications, review of any contract change orders. The total additional fee for this task is $223,149.
3.Post Construction Phase: Digital record drawings at completion of construction based on contractor’s as-builts, and a project walk after nine months to review warranty items.
The total additional fee for this task is $12,743.
The additional cost of the services would be $349,713. The proposed amendment would revise the total not-to-exceed contract value to $962,060. Additionally, the amendment extends the term of the agreement through June 30, 2023 to ensure services would be provided through the projects scheduled timeline, including construction and post-construction phases.
Under the City of Menifee Municipal Code Chapter 3.12.090, any contract change order in an amount greater than 10% of the contract amount or that exceeds $25,000 in value and any time extensions greater than 60 days shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The fiscal impact for these additional services is $349,713. Funding for the Fire Station No. 5 project was previously approved in the fiscal year 2021/22 adopted budget in the amount of Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Fire Station No. 5 Design Amendment No. 1
February 16, 2022
7 6
9 $5,157,653. The proposed amendment amount is within the total available project funding, as summarized in Table 1 below.
Table 1- Existing Project Funding
Fund Project Account
Number
Available
Balance
Amount
Requested
DIF 17- Fire New Fire Station #5 508-4555-58102 $2,561,694 $349,713 Total $2,561,694 $349,713
ATTACHMENTS
1. Project Location Map
2. Original Agreement with CannonDesign
3. CannonDesign Amendment No.2-Fire Station No. 5
Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 3
Menifee Mayor and City Council February 16, 2022
Vista Way
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation5_ProjectSite\FireStation5_ProjectSite.aprx Date: 11/23/2021 Fire Station No. 5 (CIP 21-04)
Project Location Map
Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 4
Menifee Mayor and City Council February 16, 2022
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-04 NEW FIRE STATION NO. 5
ARCHITECTURAL AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of _____, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Cannon Parkin Inc (dba “CannonDesign”), 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 April 21, 2021 and shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and that Consultant is a provider of fi rst class work and services and Consultant is experienced in performing the Services contemplated herein, Consultant shall perform the Services required pursuant to this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances (the “Standard of Care”). The Standard of Care shall be met at the satisfaction of the Contract Administrator. The Consultant makes no other representations or warranties, whether express or implied, with respect to the services rendered hereunder. This limitation shall not be modified by any certification or representation made by Consultant as an accommodation at the request of the City.
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 satisf y Consultant’s obligations hereunder.
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 21 April
Item Title: 10.9
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices r elated to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed SIX HUNDRED TWELVE
THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND ZERO
CENTS ($612,347.00) 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;
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 6
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services performed according to the Standard of Care, 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 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. Should Consultant be required to perform services beyond those listed in Exhibit A (“Additional Services”), Consultant shall be entitled to additional compensation, provided that Consultant receives advance written approval in the form of a signed contract amendment executed by both parties.
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.
2.4 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.
2.5 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.7 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 completed according to the Standard of Care 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 DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 7
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no eve nt shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. 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 o r 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 t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he 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 lia bility 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’ negligent acts, 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 DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 21-04 NEW FIRE STATION NO. 5 - ARCHITECTURAL AND ENGINEERING SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to Ci ty 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 genera l 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 l oss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
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During the term of this Agreement, only upon the pr ior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top 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 o f any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwi thstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall , subject to the Standard of Care 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 o btained 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 with respect to third -party claims indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, represen tatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its s ole 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 i nto 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; DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had complete d the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall upon payment of all amounts due under this Agreement be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement and payment of all amounts due.. 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 rel eased to third parties without prior written consent of both Parties unless required by law Any Intellectual Property of the Consultant which is already in existence at the time this Agreement is signed, which may be shared with the City during the performance of work under this Agreement, shall remain the Intellectual Property of the Consultant.
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 t he 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 DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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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 writte n 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, a t the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, howev er, 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 s uch fees in the same action or in a separate action brought for that purpose.
10.2 Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement , or any other agreement, neither Party shall be liable to the other arty under this Agreement, whether due to breach of contract, tort (including negligence), strict liability, or otherwise, for loss of anticipated revenues or profits, damages by reason of loss of business reputation or opportunities, or for any special, exemplary, punitive, in cidental, liquidated or consequential loss or damage of any nature arising at any time or from any cause whatsoever.
10.3 Compliance. Each party to this contract agrees to comply with all applicable laws, including the Anti -Bribery and Anti -Corruption laws, of every government entity having jurisdiction in this matter, as well as the Foreign Corrupt Practices Act (FCPA) of the United States, the Canadian Corruption of Foreign Public Officials Act (CFPOA) and the Anti-Trafficking provisions of the Federal Acquisition Regulations. Each party to this contract shall comply with its respective Code of Conduct (Policy). Further, each party shall use Consultant’s independently maintained “Ethics Line” to report, anonymously or otherwise, any suspected violation of law or Policy during the course of the services, including any potential violation of the FCPA, or any federal or state procurement laws.
By telephone (24 hours a day, 7 days a week): 1.855.502.1878 By email: www.reportlineweb.com/cannondesign
10.4 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 actio n shall be vested exclusively in Riverside County.
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10.5 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.
10.6 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.
10.7 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.
10.8 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.
10.9 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Brandon Dekker, Principal (“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.
10.10 City Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.11 Notices. Any written notice to Consultant shall be sent to:
CannonDesign
Attn: Brandon Dekker, Principal
Turner Riverwalk, 11801 Pierce Street, St 200
Riverside, CA 92505
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
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29844 Haun Road
Menifee, CA 92586
10.12 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 const ruction 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.
10.13 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.
10.14 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.
10.15 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.
10.16 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 viol ate any provision of any other Agreement to which said Party is bound.
10.17 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.
10.18 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.
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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10.19 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.
10.20 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.
10.21 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, di rect 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]
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brandon Dekker-Principal
Matt Greiner-Senior Vice President
[Corporation must have two signatures]
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 20
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2671/031858-0001
7630376.2 a03/26/21 EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Comprehensive Architectural and Engineering Services in the amount not to exceed SIX
HUNDRED TWELVE THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND ZERO CENTS ($612,347.00) for CIP 21-04 (New Fire Station No.5) as further detailed in the following pages.
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 21
Menifee Mayor and City Council February 16, 2022
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7630376.2 a03/26/21 -2-
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 22
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2671/031858-0001
7630376.2 a00/00/00 EXHIBIT A
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CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 23
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DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 24
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CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 25
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CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 26
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CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 27
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CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 28
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DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 29
Menifee Mayor and City Council February 16, 2022
AMENDMENT NO. 2 TO
AGREEMENT BETWEEN Cannon Parkin Inc (dba “CannonDesign”) AND THE CITY OF MENIFEE FOR CIP No. 21-04 NEW FIRE STATION NO. 5 -
ARCHITECTURAL AND ENGINEERING SERVICES
This is Amendment No. 2 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on April 21, 2021 between the City of Menifee (“City”) and Cannon Parkin Inc (dba “CannonDesign”) (“Consultant”) for CIP No. 21-04 NEW FIRE STATION NO. 5 - ARCHITECTURAL AND ENGINEERING SERVICES which Amendment No. 2 is made and entered into on ______________, 2022 to extend the term of service, 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 April 21, 2021 and shall end on June 30, 2023 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 increase the maximum compensation by $349,713.00 (THREE HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED THIRTEEN DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $962,060.00 (NINE HUNDRED SIXTY TWO THOUSAND SIXTY 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.
3. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement.
4. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 30
Menifee Mayor and City Council February 16, 2022
Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) CITY OF MENIFEECannonDesign
_______________________________ _______________________________ Armando G. Villa, City Manager Brandon Dekker-Principal Attest: ________________________________
Matt Greiner-Senior Vice President
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 31
Menifee Mayor and City Council February 16, 2022
Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Exhibit A: Amendment No. 1 Scope of Work Additional Work (Amendment No. 1) (See following pages for additional detail)
Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 32
Menifee Mayor and City Council February 16, 2022
Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 33
Menifee Mayor and City Council February 16, 2022
Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 34
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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 35
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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 36
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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 37
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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”) Item Title: 10.9
CannonDesign Agreement Amendment for Fire Station No. 5 Item Page Number: 38
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CITY OF MENIFEE
SUBJECT: Update to the City's Section 125 Cafeteria Plan MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Rochelle Clayton, Assistant City Manager
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a resolution to replace Resolution No. 15-485, authorizing an update to the City’s Section 125 Cafeteria Plan.
DISCUSSION
On June 2, 2009, the City Council adopted Resolution 09-89 defining the City’s health and welfare benefit plans for its employees and active council members, otherwise known as medical benefits.
The Resolution allowed for the City’s contribution to the cost of medical benefits through a Section 125 Cafeteria Plan. At that time it was indicated that if an employee did not utilize the full cafeteria flexible benefit allowance, or could otherwise provide evidence of other insurance coverage, the City would provide the remaining unused allowance to the employee in cash or would allow the employee to designate all or a portion of such amount for deposit into the City’s 457 deferred compensation plan.
On October 19, 2010, the City adopted Resolution 10-174 to repeal and replace Resolution 09- 89, to only allow employees the option to take the unused cafeteria flexible benefit allowance as taxable cash and no longer allow the for the contribution to the City’s 457 deferred compensation plan.
On December 2, 2015, the City adopted Resolution 15-485 to repeal and replace Resolution 10- 174 to align the Section 125 Cafeteria plan language with Internal Revenue Code Section 125, and left the language in tact that prohibited a contribution to the City’s 457 deferred compensation plan.
In 2017, the City began to phase out the option for employees to receive cash in lieu of medical benefits and prohibited employees hired on or after July 1, 2017 from receiving cash in lieu of medical benefits. In 2021, the City negotiated with the Police Management Association, Police Item Title: 10.10 Update to the City's Section 125 Cafeteria Plan Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Section 125 Cafeteria Plan
February 16, 2022
8 8
9 Officers Association and Police Employees Association (non-sworn) to allow for unused cafeteria flexible benefit allowance to be contributed to the employee’s 457 deferred compensation plan.
The attached resolution allows for and facilitates that modification.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Resolution to repeal replace Resolution 15-485
2. Resolution 09-89
3. Redlined Resolution 09-89
4. Resolution 10-174
5. Resolution 15-485
Item Title: 10.10 Update to the City's Section 125 Cafeteria Plan Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
RESOLUTION NO. 22-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE PROVIDING FOR
CERTAIN HEALTH AND WELFARE BENEFIT PLANS FOR ITS EMPLOYEES IN ADDITION
TO MEDICAL BENEFITS AND AUTHORIZING VOLUNTARY COUNCIL MEMBER PARTICIPATION IN THE CITY’S HEALTH AND WELFARE PLANS
WHEREAS, the City of Menifee (City) contracts for medical benefits under the Public Employees Medical and Hospital Care Act (PEMCHA) and for certain deferred compensation plan welfare benefits; and
WHEREAS, the City provides for dental, vision, long-term disability, life insurance benefits and an employee assistance program; and
WHEREAS, the City contributes to the cost of medical insurance and such other benefits for employees by setting a Core Coverage Allowance, as shown in Section 4, which will be provided to each full-time employee to be applied first to the purchase of coverage by such plans; and
WHEREAS, in the event that such allowance is not utilized in full for medical or other benefits because of the cost of the insurance or because the employee can provide evidence of other coverage, the City will provide the option for the employee to designate the remaining unused portion of the allowance to be deposited into the City’s 457 deferred compensation plan through the International City Managers’ Association; and WHEREAS, Government Code Section 53208 et. Seq. provide that City Council members may be participate in a City’s health and welfare benefits plans on terms and conditions specified by the City Council that are no greater than those afforded to the employee(s) receiving the highest benefit, provided that no Council member may receive cash instead of the benefit allowance; and
WHEREAS, only current employees and Council members would be eligible to receive such additional health and welfare benefits and to apply any extra allowance to a 457 deferred compensation plan, and to the extent allowed by law, this Resolution is not intended to and does not provide for any benefit of any kind for Council members after they leave office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals set out above are true and correct.
Section 2. Effective July 1, 2009, the City of Menifee has provided PEMCHA medical benefits to its employees and council members on the terms and conditions set out in Resolution No. 09-90. Employees are required to purchase the medical insurance or show evidence of other coverage.
Section 3. In addition, the City will make available to its employees and council members the following additional benefits, which they are not required to purchase.
A. Dental Benefits
B. Vision Benefits
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Menifee Mayor and City Council February 16, 2022
2 C. Long Term Disability
D. Life Insurance
E. Employee Assistance Program
F. Flexible Spending/Dependent Care Account (Section 125 Plan) G. Additional benefit plans determined at the discretion of the City Section 4. The Core Coverage Allowance for employees or council members choosing to Opt Out of medical insurance or enrolling into a medical plan as employee only, will receive the equivalent value of $1,500 per month.
The Core Coverage Allowance for employees enrolling into an “employee plus one” or “employee plus family” medical plan, will receive the monthly value indicated in the applicable Memorandum of Understanding (MOU).
The Core Coverage Allowance for employees or council members may increase as negotiated and approved by the City and applicable employee association MOU.
Section 5. In the event that there is all or a portion of the allowance remaining, an employee or council member will receive that remaining portion and must elect to deposit into the City’s 457 plan and/or in a Flexible Spending Account. All deposits to a 457 plan are subject to federal statutes and regulations governing such plans. Should the deposits reach federal annual maximum said contributions will stop for that plan year and will be deposited into a Flexible Spending Account. Benefits under the Flexible Spending Account shall take the form of reimbursement by the Employer for Eligible Medical Spending Expenses incurred by the participate during the remaining plan year.
Section 6. Agency staff is directed to take the necessary actions to implement this Resolution.
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Menifee Mayor and City Council February 16, 2022
3 PASSED, APPROVED AND ADOPTED this 16th day of February 2022. __________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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REDLINED RESOLUTION NO. 09-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE PROVIDING FOR CERTAIN
HEALTH AND WELFARE BENEFIT PLANS FOR ITS EMPLOYEES IN ADDITION TO MEDICAL BENEFITS AND AUTHORIZING VOLUNTARY COUNCIL MEMBER PARTICIPATION IN THE CITY’S
HEALTH AND WELFARE PLANS
WHEREAS, the City will be contracting for medical benefits under the Public Employees Medical and Hospital Care Act (PEMCHA) and for certain deferred compensation plan welfare benefits; and
WHEREAS, the City also wishes to provide for dental, vision, long-term disability, life insurance benefits and employee assistance program.
WHEREAS, the City wishes to contribute to the cost of medical insurance and such other benefits for employees by setting out the amount of an allowance which will be provided to each full-time employee to be applied first to the purchase of coverage by such plans; and WHEREAS, the City wishes to contribute to the cost of medical insurance and such other benefits for employees by setting a flexible spending allowance in the amount of $1500.00 per month which will be provided to each full-time employee to be applied first to the purchase of coverage by such plans; and
WHEREAS, in the event that such allowance is not utilized in full for medical or other benefits purchase because of the cost of the insurance or because the employee can provide evidence of other coverage, the City will provide the remaining unused portion of the allowance to the employee in cash or will allow the employee to designate all or a portion of such amount for deposit into the City’s 457 deferred compensation plan through the International City Managers’ Association; and
WHEREAS, in the event that such allowance is not utilized in full for medical or other benefits purchase because of the cost of the insurance or because the employee can provide evidence of other coverage, the City will provide the remaining unused portion of the allowance to the employee in cash. Cash payment shall be added to his/her taxable compensation and shall be paid to him/her as follows: Flexible benefit allowance shall be paid in twenty four (24) equal installments payable during the first two payroll dates of each month during Plan Year subject to any applicable wage withholding or similar taxes; and WHEREAS, Government Code Sections 53208 et seq provide that City council members may be participate in a City’s health and welfare benefits plans on terms and conditions specified by the City Council that are no greater than those afforded to the employee(s) receiving the highest benefit, provided that no Council member may receive cash instead of the benefit allowance; and
Item Title: 10.10 Update to the City's Section 125 Cafeteria Plan Item Page Number: 8
Menifee Mayor and City Council February 16, 2022
WHEREAS, only current employees and Council members would be eligible to receive such additional health and welfare benefits and to apply any extra allowance to cash, and to the extent allowed by law this Resolution is not intended to and does not provide for any benefit of any kind for Council members after they leave office.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:
Section 1. The recital set out above are true and correct.
Section 2. Effective July 1, 2009, the City of Menifee will provide PEMCHA medical benefits to its employees and council members on the terms and conditions set out in Resolution No. 09-
90. Employees are required to purchase the medical insurance of show evidence of other coverage.
Section 3. In addition, the City will make available to its employees and council members the following additional benefits, which they are not required to purchase.
A. Dental Benefits
B. Vision Benefits
C. Long Term Disability
D. Life Insurance
E. Employee Assistance Program
F. Flexible Spending/Dependent Care Account (Section 125 Plan) G. Additional benefit plans determined at the discretion of the City Section 4. The City will contribute $1500.00 per month on behalf of each employee or council member toward the cost of such medical and other insurance. They must pay for the remainder of the cost of such benefits.
Section 5. In the event that there is all or a portion of the allowance remaining, an employee will receive that remaining portion in cash, taxable to the employee as income, to the extent that the employee does not designate such remaining amount for contribution to the City’s 457 plan. A Council member must determine not to receive such remaining amount or must elect to deposit it into the City’s 457 plan. All deposits to a 457 plan are subject to the federal statutes and regulations governing such plans. The 457 plan may be replaced or supplemented by additional, tax-qualified deferred compensation plans in the future.
Section 5. In the event that there is all or a portion of the allowance remaining, an employee will receive that remaining portion in cash, taxable to the employee as income. A Council member must determine not to receive such remaining amount as cash and must elect to deposit into the City’s 457 plan and/or into a Health Savings Account (HSA). All deposits to a 457 plan are subject to federal statutes and regulations governing such plans. Should the deposits reach federal annual maximum said contributions will stop for that Plan Year and will Item Title: 10.10 Update to the City's Section 125 Cafeteria Plan Item Page Number: 9
Menifee Mayor and City Council February 16, 2022
be deposited into a Health Savings Account (HSA). Benefits under the Health Care Spending Account shall take the form of reimbursement by the Employer for Eligible Medical Care Expenses incurred by the participate during the remaining plan year.
Section 6. Agency staff is directed to take the necessary actions to implement this resolution.
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CITY OF MENIFEE
SUBJECT: Redistricting Process and Draft Map Update (7:00 PM Start) MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Acting City Clerk
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Provide input and direction to staff on a recommendation for additional Draft Maps or a Final Map.
DISCUSSION
On February 2, 2022, the City’s Redistricting consultant, Bear Demographics & Research, provided the City Council with two initial Draft Maps, Draft Map No. 1 and Draft Map No. 2. The City Council provided feedback and the City’s Consultant has drafted two new Draft Maps for the City Council’s consideration. This public hearing is focused on a presentation of two Draft Maps for new Council District boundaries in order to provide the City Council an opportunity to provide input on additional Draft Maps and/or a Final Map. The two Draft Maps were published on the City’s website on February 9 th in conformance with the California Fair Maps Act prior to the February 16th City Council meeting.
Draft Maps - Bear Demographics & Research has provided the City Council with two Draft Maps.
Draft Map No. 3 has an overall deviation of 4.5 percent, while Draft Map No. 4 has an overall deviation of 4.9 percent. Both Draft Maps are within the legal standard for overall deviation.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 Draft Map No. 3
District 1 - The deviation for Council District 1 is 0.7 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 2 - The deviation for Council District 2 is -2.6 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 3
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 3 – The deviation for Council District 3 is 1.9 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 4
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 4 – The deviation for Council District 4 is 0 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 5
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 Draft Map No. 4
District 1 –The deviation for Council District 1 is 0.7 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 6
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 2 – The deviation for Council District 2 is -2.8 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 7
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 3 – The deviation for Council District 3 is 2.1 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 8
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 District 4 –The deviation for Council District 4 is 0 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 9
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
Redistricting Draft Maps
February 16, 2022
4 4
5 7
3 STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Draft Map Options dated February 8, 2022
2. Draft Map Written Descriptions
3. Public Submitted Maps
Item Title: 11.1 Redistricting (7:00 PM Start)
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Menifee Mayor and City Council February 16, 2022
City of Menifee
City Council Boundaries
DRAFT MAPS #3 & #4
February 8, 202
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DRAFT MAP #3
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City of Menifee
Draft Map #3 Demographic Profile
Council District 1 2 3 4 Total
Total Population (Pop) 2020 Adjusted 25,881 25,026 26,196 25,692 102,795 Deviation 182 (673) 497 (7) % Deviation 0.7% -2.6% 1.9% 0.0% 4.5%
Latino 32.0% 42.3% 35.1% 42.0% 37.8%
White 53.1% 41.1% 42.2% 38.8% 43.8%
Black 6.5% 5.6% 7.8% 8.5% 7.1%
American Indian 1.2% 1.3% 1.3% 1.3% 1.3%
Asian 5.0% 7.0% 10.5% 6.7% 7.3%
Hawaiian, Pacific Islander 0.4% 0.6% 0.8% 0.6% 0.6%
Other Race 1.0% 1.1% 1.1% 1.2% 1.1%
Multi Minority Race 0.7% 0.9% 1.2% 1.0% 0.9%
Voting Age Population (VAP) 2020 Adjusted 22,048 18,117 18,983 19,418 78,566 Latino 28.4% 39.1% 31.9% 37.7% 34.0%
White 56.7% 44.3% 45.2% 42.4% 47.5%
Black 6.8% 5.6% 8.0% 8.6% 7.2%
American Indian 1.3% 1.3% 1.4% 1.4% 1.3%
Asian 4.9% 7.4% 10.8% 7.1% 7.5%
Hawaiian, Pacific Islander 0.5% 0.6% 0.7% 0.6% 0.6%
Other Race 0.9% 1.1% 1.0% 1.3% 1.1%
Multi Minority Race 0.6% 0.7% 1.0% 0.9% 0.8%
Citizen Voting Age Population (CVAP) 2019 18,229 14,540 16,259 14,940 63,963 Latino 22.0% 38.2% 30.2% 37.5% 31.4%
White 65.7% 52.0% 50.8% 43.8% 53.7%
Black 6.2% 3.7% 8.0% 10.3% 7.0%
Asian 3.4% 4.8% 7.8% 6.2% 5.5%
All Other 2.7% 1.5% 3.1% 2.2% 2.4%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
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City of Menifee
Draft Map #3 Demographic Profile
Council District 1 2 3 4 Total
Total Households (By Household Income) 9,752 6,109 6,857 6,666 29, 384 Less than $35,000 36.9% 13.9% 13.7% 28.5% 24.8%
$35,000 to $75,000 32.7% 26.5% 22.8% 29.8% 28.5%
$75,000 to $150,000 23.8% 39.6% 43.4% 27.5% 32.5%
$150,000 or more 6.6% 20.1% 20.1% 14.1% 14.3%
Population 25 years and over (By Education Level) 17,953 14,105 15,016 14,080 61, 153 No High School Diploma 12.7% 10.8% 10.3% 18.9% 13.1%
Diploma, No College Degree 62.9% 58.4% 53.4% 51.9% 57.0% Any College Degree 24.4% 30.9% 36.4% 29.3% 29.9%
Occupied Housing Units 9,752 6,109 6,857 6,666 29, 384 Owner occupied 75.0% 83.9% 75.6% 74.4% 76.9%
Renter occupied 25.0% 16.1% 24.4% 25.6% 23.1%
Population 5 years and over (By Language Spoken at
Home) 21,957 20,307 22,791 20,447 85,502 English only 78.2% 73.7% 77.3% 61.6% 72.9%
Spanish 17.4% 20.9% 15.1% 31.3% 20.9%
Asian and Pacific Island languages 1.9% 3.1% 5.3% 3.7% 3.5% Other Indo-European languages 2.5% 2.3% 2.3% 3.5% 2.6%
Population With Poverty Status Determined (by Poverty
Status and Age) 22,979 22,546 24,344 21,528 91,398 Income Below Poverty Level Past 12 Months 8.9% 7.2% 8.3% 12.3% 9.1% Income At or Above Poverty Level Past 12 Months 91.1% 92.8% 91.7% 87.7% 90.9% 2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
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DRAFT MAP #4
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City of Menifee
Draft Map #4 Demographic Profile
Council District 1 2 3 4 Total
Total Population (Pop) 2020 Adjusted 25,881 24,983 26,239 25, 692 102, 795 Deviation 182 (716) 540 (7) % Deviation 0.7% -2.8% 2.1% 0.0% 4.9%
Latino 32.0% 42.3% 35.1% 42.0% 37.8%
White 53.1% 41.2% 42.2% 38.8% 43.8%
Black 6.5% 5.6% 7.8% 8.5% 7.1%
American Indian 1.2% 1.3% 1.3% 1.3% 1.3%
Asian 5.0% 7.0% 10.5% 6.7% 7.3%
Hawaiian, Pacific Islander 0.4% 0.6% 0.8% 0.6% 0.6%
Other Race 1.0% 1.1% 1.1% 1.2% 1.1%
Multi Minority Race 0.7% 0.9% 1.2% 1.0% 0.9%
Voting Age Population (VAP) 2020 Adjusted 22,048 18,087 19,013 19, 418 78, 566 Latino 28.4% 39.1% 31.9% 37.7% 34.0%
White 56.7% 44.3% 45.2% 42.4% 47.5%
Black 6.8% 5.6% 7.9% 8.6% 7.2%
American Indian 1.3% 1.3% 1.4% 1.4% 1.3%
Asian 4.9% 7.3% 10.9% 7.1% 7.5%
Hawaiian, Pacific Islander 0.5% 0.6% 0.7% 0.6% 0.6%
Other Race 0.9% 1.1% 1.0% 1.3% 1.1%
Multi Minority Race 0.6% 0.7% 1.0% 0.9% 0.8%
Citizen Voting Age Population (CVAP) 2019 18,229 14,522 16,277 14, 940 63, 963 Latino 22.0% 38.2% 30.2% 37.5% 31.4%
White 65.7% 52.0% 50.8% 43.8% 53.7%
Black 6.2% 3.7% 8.0% 10.3% 7.0%
Asian 3.4% 4.8% 7.8% 6.2% 5.5%
All Other 2.7% 1.5% 3.1% 2.2% 2.4%
2020 Census State Adjusted Redistricting Data
2019 ACS CVAP Tabulation
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City of Menifee
Draft Map #4 Demographic Profile
Council District 1 2 3 4 Total
Total Households (By Household Income) 9,752 6,102 6,865 6,666 29,384 Less than $35,000 36.9% 13.8% 13.7% 28.5% 24.8%
$35,000 to $75,000 32.7% 26.5% 22.8% 29.8% 28.5%
$75,000 to $150,000 23.8% 39.6% 43.4% 27.5% 32.5%
$150,000 or more 6.6% 20.1% 20.1% 14.1% 14.3%
Population 25 years and over (By Education Level) 17,953 14,088 15,032 14,080 61,153 No High School Diploma 12.7% 10.8% 10.3% 18.9% 13.1%
Diploma, No College Degree 62.9% 58.4% 53.4% 51.9% 57.0% Any College Degree 24.4% 30.9% 36.3% 29.3% 29.9%
Occupied Housing Units 9,752 6,102 6,865 6,666 29,384 Owner occupied 75.0% 83.9% 75.6% 74.4% 76.9%
Renter occupied 25.0% 16.1% 24.4% 25.6% 23.1%
Population 5 years and over (By Language Spoken at
Home) 21,957 20,283 22,815 20,447 85,502 English only 78.2% 73.7% 77.3% 61.6% 72.9%
Spanish 17.4% 20.9% 15.1% 31.3% 20.9%
Asian and Pacific Island languages 1.9% 3.1% 5.3% 3.7% 3.5% Other Indo-European languages 2.5% 2.3% 2.3% 3.5% 2.6%
Population With Poverty Status Determined (by Poverty
Status and Age) 22,979 22,519 24,371 21,528 91,398 Income Below Poverty Level Past 12 Months 8.9% 7.2% 8.3% 12.3% 9.1% Income At or Above Poverty Level Past 12 Months 91.1% 92.8% 91.7% 87.7% 90.9% 2019 ACS Reformatted Tables -Block Group Tabulation
2019 ACS Reformatted Tables -Tract Tabulation
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DRAFT MAP #3
District 1 – Beginning at the intersection of Mclaughlin Road and the 215 Freeway, continuing south along the 215 Freeway to Newport Road, continuing west along Newport Road to Murrieta Road, continuing north along Murrieta Road to the Salt Creek Flood Control Channel, continuing south along the Salt Creek Flood Control Channel to Normandy Road, continuing west along Normandy Road to La Ladera Road, continuing north along La Ladera Road to the east side of Parcels 341-200-016 through 341-370-054, continuing along the east side of Parcels 341-200-016 through 341-370-054 to the north side of Parcels 341-370-054 through 341-370-074, continuing along the north side of Parcels 341-370-054 through 341-370-074 to the mountain ridge line, continuing north along the mountain ridge line to the City Boundary, and continuing along the City Boundary to the point of beginning. The deviation for Council District 1 is 0.7 percent.
District 2 – Beginning at the intersection of the mountain ridge line and the City Boundary, continuing south along the mountain ridge line to the north side of Parcels 341-370-074 through 341-370-054, continuing along the north side of Parcels 341-370-074 through 341-370-054 to the east side of Parcels 341-370-054 through 341-200-016, continuing along the east side of Parcels 341-370-054 through 341-200-016 to La Ladera Road, continuing south along La Ladera Road to Normandy Road, continuing east along Normandy Road to the Salt Creek Flood Control Channel, continuing north along the Salt Creek Flood Control Channel to Murrieta Road, continuing south along Murrieta Road to Newport Road, continuing east along Newport Road to the 215 Freeway, continuing south along the 215 Freeway to the City Boundary, and continuing along the City Boundary to the point of beginning. The deviation for Council District 2 is -2.6 percent.
District 3 – Beginning at the intersection of the 215 Freeway and Salt Creek, continuing east along Salt Creek to Menifee Road, continuing north along Menifee Road to Trailhead Drive, continuing east along Trailhead Drive to Lindenberger Road, continuing south along Lindenberger Road to the Salt Creek Flood Control Channel, continuing east along the Salt Creek Flood Control Channel to the City Boundary, continuing along the City Boundary to the 215 Freeway, and continuing north along the 215 Freeway to the point of beginning. The deviation for Council District 3 is 1.9 percent.
District 4 – Beginning at the intersection of the 215 Freeway and McLaughlin Road, continuing along the City Boundary to the Salt Creek Flood Control Channel, continuing west along the Salt Creek Flood Control Channel to Lindenberger Road, continuing north along Lindenberger Road to Trailhead Drive, continuing west along Trailhead Drive to Menifee Road, continuing south along Menifee Road to Salt Creek, continuing west along Salt Creek to the 215 Freeway, and continuing north along the 215 Freeway to the point of beginning. The deviation for Council District 4 is 0.0 percent.
The Overall Deviation for Draft Map #3 is 4.5 percent.
DRAFT MAP #4
District 1 – Beginning at the intersection of Mclaughlin Road and the 215 Freeway, continuing south along the 215 Freeway to Newport Road, continuing west along Newport Road to Murrieta Road, continuing north along Murrieta Road to the Salt Creek Flood Control Channel, Item Title: 11.1 Redistricting (7:00 PM Start)
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continuing south along the Salt Creek Flood Control Channel to Normandy Road, continuing west along Normandy Road to La Ladera Road, continuing north along La Ladera Road to the east side of Parcels 341-200-016 through 341-370-054, continuing along the east side of Parcels 341-200-016 through 341-370-054 to the north side of Parcels 341-370-054 through 341-370-074, continuing along the north side of Parcels 341-370-054 through 341-370-074 to the mountain ridge line, continuing north along the mountain ridge line to the City Boundary, and continuing along the City Boundary to the point of beginning. The deviation for Council District 1 is 0.7 percent.
District 2 – Beginning at the intersection of the mountain ridge line and the City Boundary, continuing south along the mountain ridge line to the north side of Parcels 341-370-074 through 341-370-054, continuing along the north side of Parcels 341-370-074 through 341-370-54 to the east side of Parcels 341-370-054 through 341-200-016, continuing along the east side of Parcels 341-370-054 through 341-200-016 to La Ladera Road, continuing south along La Ladera Road to Normandy Road, continuing east along Normandy Road to the Salt Creek Flood Control Channel, continuing north along the Salt Creek Flood Control Channel to Murrieta Road, continuing south along Murrieta Road to Newport Road, continuing east along Newport Road to Haun Road, continuing south along Haun Road to Garbani Road, continuing west along Garbani Road to Sherman Road, continuing south along Sherman Road to Scott Road, continuing east along Scott Road to the 215 Freeway, continuing south along the 215 Freeway to the City Boundary, and continuing along the City Boundary to the point of beginning. The deviation for Council District 2 is
-2.8 percent.
District 3 – Beginning at the intersection of the 215 Freeway and Salt Creek, continuing east along Salt Creek to Menifee Road, continuing north along Menifee Road to Trailhead Drive, continuing east along Trailhead Drive to Lindenberger Road, continuing south along Lindenberger Road to the Salt Creek Flood Control Channel, continuing east along the Salt Creek Flood Control Channel to the City Boundary, continuing along the City Boundary to Scott Road, continuing west along Scott Road to Sherman Road, continuing north along Sherman Road to Garbani Road, continuing east along Garbani Road to Haun Road, continuing north along Haun Road to Newport Road, continuing east along Newport Road to the 215 Freeway, and continuing north along the 215 Freeway to the point of beginning. The deviation for Council District 3 is 2.1 percent.
District 4 – Beginning at the intersection of the 215 Freeway and McLaughlin Road, continuing along the City Boundary to the Salt Creek Flood Control Channel, continuing west along the Salt Creek Flood Control Channel to Lindenberger Road, continuing north along Lindenberger Road to Trailhead Drive, continuing west along Trailhead Drive to Menifee Road, continuing south along Menifee Road to Salt Creek, continuing west along Salt Creek to the 215 Freeway, and continuing north along the 215 Freeway to the point of beginning. The deviation for Council District 4 is 0.0 percent.
The Overall Deviation for Draft Map #4 is 4.9 percent.
Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 51
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Item Title: 11.1 Redistricting (7:00 PM Start)
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District Population_B20 Deviation % Deviation LATPOP_B20 % LATPOP_B20 WHIPOP_B20 % WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 1 26,174 475 1.85% 8,513 32.52% 13,839 52.87% 1,675 6.4% 2 24,733 -966 -3.76% 10,355 41.87% 10,202 41.25% 1,414 5.72% 3 25,625 -74 -0.29% 9,020 35.2% 10,848 42.33% 1,956 7.63% 4 26,263 564 2.19% 10,971 41.77% 10,174 38.74% 2,269 8.64% Districts in Plan (4); Maximum (4)Tue Feb 8 10:47:54 2022 Page 1 Item Title: 11.1 Redistricting (7:00 PM Start)
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District AMIPOP_B20 % AMIPOP_B20 ASIPOP_B20 % ASIPOP_B20 HPIPOP_B20 % HPIPOP_B20 OTHPOP_B20 % OTHPOP_B20 MMRPOP_B20 1 327 1.25% 1,252 4.78% 108 0.41% 278 1.06% 182
2 321 1.3% 1,798 7.27% 150 0.61% 270 1.09% 223
3 333 1.3% 2,684 10.47% 211 0.82% 280 1.09% 293
4 330 1.26% 1,793 6.83% 144 0.55% 319 1.21% 263
Districts in Plan (4); Maximum (4)Tue Feb 8 10:47:54 2022 Page 2 Item Title: 11.1 Redistricting (7:00 PM Start)
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District % MMRPOP_B20 VAP_B20 % VAP_B20 LATVAP_B20 % LATVAP_B20 WHIVAP_B20 % WHIVAP_B20 BLAVAP_B20 % BLAVAP_B20 1 0.7% 22,277 85.11% 6,411 28.78% 12,595 56.54% 1,475 6.62% 2 0.9% 17,888 72.32% 6,927 38.72% 7,936 44.36% 1,029 5.75% 3 1.14% 18,554 72.41% 5,929 31.96% 8,409 45.32% 1,447 7.8% 4 1% 19,847 75.57% 7,455 37.56% 8,397 42.31% 1,733 8.73% Districts in Plan (4); Maximum (4)Tue Feb 8 10:47:54 2022 Page 3 Item Title: 11.1 Redistricting (7:00 PM Start)
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District AMIVAP_B20 % AMIVAP_B20 ASIVAP_B20 % ASIVAP_B20 HPIVAP_B20 % HPIVAP_B20 OTHVAP_B20 % OTHVAP_B20 MMRVAP_B20% MMRVAP_B20 1 290 1.3% 1,055 4.74% 99 0.44% 220 0.99% 132 0.59%
2 237 1.32% 1,365 7.63% 102 0.57% 175 0.98% 117 0.65%
3 257 1.39% 2,012 10.84% 134 0.72% 184 0.99% 182 0.98%
4 271 1.37% 1,429 7.2% 119 0.6% 263 1.33% 180 0.91%
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District tcvap_D19 % tcvap_D19 lcvap_D19 % lcvap_D19 wcvap_D19 % wcvap_D19 bcvap_D19 % bcvap_D19 acvap_D19 % acvap_D19 1 18,604 83.51% 4,234 22.76% 12,120 65.15% 1,108 5.96% 630 3.38% 2 14,164 79.18% 5,324 37.59% 7,423 52.4% 545 3.85% 681 4.81% 3 16,195 87.28% 4,905 30.29% 8,213 50.72% 1,304 8.05% 1,263 7.8% 4 15,005 75.6% 5,614 37.41% 6,584 43.88% 1,540 10.26% 931 6.21% Districts in Plan (4); Maximum (4)Tue Feb 8 10:47:54 2022 Page 5 Item Title: 11.1 Redistricting (7:00 PM Start)
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District aocvap_D19 % aocvap_D19
1 499 2.68%
2 208 1.47%
3 501 3.1%
4 331 2.21%
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Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_B20
WHTPOP_B20
BLKPOP_B20
AINPOP_B20
ASNPOP_B20
HPIPOP_B20
OTHPOP_B20
MMRPOP_B20
Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
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District Population_B20 Deviation % Deviation LATPOP_B20 % LATPOP_B20 WHIPOP_B20 % WHIPOP_B20 BLAPOP_B20% BLAPOP_B20 1 25,594 -105 -0.41% 8,156 31.87% 13,632 53.26% 1,666 6.51% 2 25,313 -386 -1.5% 10,712 42.32% 10,409 41.12% 1,423 5.62% 3 25,625 -74 -0.29% 9,020 35.2% 10,848 42.33% 1,956 7.63% 4 26,263 564 2.19% 10,971 41.77% 10,174 38.74% 2,269 8.64% Districts in Plan (4); Maximum (4)Tue Feb 8 11:12:32 2022 Page 1 Item Title: 11.1 Redistricting (7:00 PM Start)
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District AMIPOP_B20 % AMIPOP_B20 ASIPOP_B20 % ASIPOP_B20 HPIPOP_B20 % HPIPOP_B20 OTHPOP_B20 % OTHPOP_B20 MMRPOP_B20 1 319 1.25% 1,267 4.95% 111 0.43% 265 1.04% 178
2 329 1.3% 1,783 7.04% 147 0.58% 283 1.12% 227
3 333 1.3% 2,684 10.47% 211 0.82% 280 1.09% 293
4 330 1.26% 1,793 6.83% 144 0.55% 319 1.21% 263
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Item Page Number: 62
Menifee Mayor and City Council February 16, 2022 Page 320 of 439
District % MMRPOP_B20 VAP_B20 % VAP_B20 LATVAP_B20 % LATVAP_B20 WHIVAP_B20 % WHIVAP_B20 BLAVAP_B20 % BLAVAP_B20 1 0.7% 21,830 85.29% 6,156 28.2% 12,425 56.92% 1,470 6.73% 2 0.9% 18,335 72.43% 7,182 39.17% 8,106 44.21% 1,034 5.64% 3 1.14% 18,554 72.41% 5,929 31.96% 8,409 45.32% 1,447 7.8% 4 1% 19,847 75.57% 7,455 37.56% 8,397 42.31% 1,733 8.73% Districts in Plan (4); Maximum (4)Tue Feb 8 11:12:32 2022 Page 3 Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 63
Menifee Mayor and City Council February 16, 2022 Page 321 of 439
District AMIVAP_B20 % AMIVAP_B20 ASIVAP_B20 % ASIVAP_B20 HPIVAP_B20 % HPIVAP_B20 OTHVAP_B20 % OTHVAP_B20 MMRVAP_B20% MMRVAP_B20 1 284 1.3% 1,065 4.88% 99 0.45% 206 0.94% 125 0.57%
2 243 1.33% 1,355 7.39% 102 0.56% 189 1.03% 124 0.68%
3 257 1.39% 2,012 10.84% 134 0.72% 184 0.99% 182 0.98%
4 271 1.37% 1,429 7.2% 119 0.6% 263 1.33% 180 0.91%
Districts in Plan (4); Maximum (4)Tue Feb 8 11:12:32 2022 Page 4 Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 64
Menifee Mayor and City Council February 16, 2022 Page 322 of 439
District tcvap_D19 % tcvap_D19 lcvap_D19 % lcvap_D19 wcvap_D19 % wcvap_D19 bcvap_D19 % bcvap_D19 acvap_D19 % acvap_D19 1 18,126 83.03% 3,963 21.86% 11,944 65.9% 1,101 6.07% 612 3.38% 2 14,642 79.86% 5,596 38.22% 7,598 51.89% 552 3.77% 698 4.77% 3 16,159 87.09% 4,891 30.27% 8,195 50.71% 1,303 8.07% 1,262 7.81% 4 15,040 75.78% 5,628 37.42% 6,603 43.9% 1,541 10.25% 932 6.2% Districts in Plan (4); Maximum (4)Tue Feb 8 11:12:32 2022 Page 5 Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 65
Menifee Mayor and City Council February 16, 2022 Page 323 of 439
District aocvap_D19 % aocvap_D19
1 492 2.71%
2 215 1.47%
3 501 3.1%
4 332 2.21%
Districts in Plan (4); Maximum (4)Tue Feb 8 11:12:32 2022 Page 6 Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 66
Menifee Mayor and City Council February 16, 2022 Page 324 of 439
Total Population (Pop) 2020 Adjusted
Latino
White
Black
American Indian
Asian
Hawaiian, Pacific Islander
Other Race
PopulationB20
LATPOP_B20
WHTPOP_B20
BLKPOP_B20
AINPOP_B20
ASNPOP_B20
HPIPOP_B20
OTHPOP_B20
MMRPOP_B20
Multi Minority Race
VAP_B20 Voting Age Population (VAP) 2020 Adjusted
LATVAP_B20 Latino
WHTVAP_B20 White
BLKVAP_B20 Black
AINVAP_B20 American Indian
ASNVAP_B20 Asian
HPIVAP_B20 Hawaiian, Pacific Islander
OTHVAP_B20 Other Race
MMRVAP_B20 Multi Minority Race
tcvap_D19 Citizen Voting Age Population (CVAP)
lcvap_D19 Latino
wcvap_D19 White
bcvap_D19 Black
acvap_D19 Asian
aocvap_D19 All Other
27 Item Title: 11.1 Redistricting (7:00 PM Start)
Item Page Number: 67
Menifee Mayor and City Council February 16, 2022
CITY OF MENIFEE
SUBJECT: Establishing Underground Utilities District No. 2022-1 MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance establishing and creating Underground Utilities District No. 2022-1 located on Goetz Road from Casa Bonita Ave to 270 feet southeast of Vista Way into the City’s right-of-way and on Vista Way from Goetz Road to Coneja Drive.
DISCUSSION
The State of California Public Utilities Commission (CPUC) established policies and procedures for the conversion of overhead power lines and other equipment to underground facilities, commonly known as “undergrounding.” Projects under Rule 20 are funded either through utility rate money, combination utility rate money and local tax proceeds, or private funds specifically defined by Rule 20A, Rule 20B, or Rule 20C provisions respectively.
Rule 20A credits are collected from all electric rate payers through a levy on every utility bill. All projects accomplished through Rule 20A money are paid by all Southern California Edison (SCE) customers and ratepayers, not just those who live in the locations where facilities are undergrounded. As such, SCE allocates Rule 20A credits to cities annually and to date, the City of Menifee has a credit balance of $814,345.
For an undergrounding project to qualify for full funding through Rule 20A credits, projects must be in the interest of the general public and meet one of the following criteria:
1. The undergrounding will reduce or eliminate a heavy concentration of overhead electric facilities.
2. The location is in a heavily traveled area.
3. The existing overhead facilities pass through a civic area, public recreation area, or area of unusual scenic interest to the general public.
4. The location qualifies as an arterial street or major collector.
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
UUD No. 2022-1 Establishment
February 16, 2022
8 7
4 On January 19, 2022 the City Council approved Resolution No. 22-1117 to declare its intention to establish UUD No. 2022-1. By considering the adoption of the ordinance at issue in this item, the City anticipates forming UUD No. 2021-1 on Goetz Road near Vista Way, as shown in the attached Exhibit A to Resolution No. 22-1117.
The proposed location of the UUD is classified as a major collector roadway under the City’s General Plan, thereby satisfying the required criteria under Rule 20A for fund utilization. The proposed undergrounding extends about 645 feet, exceeding the minimum length requirement of 600 feet under Rule 20A. Undergrounding the overhead utilities at this site will improve the area and prepare for a future traffic installation in the project area and widening improvements along Goetz Road.
Holding a public hearing on the matter and introduction of an ordinance establishing the district is the next step in the process of forming the UUD. The attached ordinance establishes the Underground Utilities District and the requirements accompanying its establishment.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. City of Menifee Rule 20A Allocation
2. Resolution 22-1117 Intention to Form UUD No. 2022-1
3. Ordinance and Exhibit - UUD No. 2022-1
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
Julio Felix
Project Manager,
Distribution Project Management
Rule 20
9500 Cleveland Avenue
Rancho Cucamonga, CA 91730 E-mail: [email protected]
May 28, 2021
City of Menifee
Mr. Armando G. Villa
City Manager
29844 Haun Road
Menifee, CA 92586
SUBJECT: City of Menifee 2021 Rule 20A Work Credit Balance
Dear Mr. Villa:
Southern California Edison (SCE) has filed with the California Public Utilities Commission (CPUC) its annual report of SCE’s 2021 budget for capital spending under Tariff Rule 20A, Replacement of Overhead with Underground Electric Facilities. For calendar year 2021, the budget is $ 12,083,257.
Pursuant to the formula set out in Tariff Rule 20A, the portion of this amount allocated to the City of Menifee is $0. Under the tariff, allocated work credits not committed to a qualifying project in a given year are carried over to the next year. As of this writing, the City of Menifee’s work credit balance is $814,345.
In addition to the work credit balance, CPUC Decision 01-12-009 codified the opportunity for local governments to “mortgage” or borrow up to an additional five years of work credits in order to be able to undertake a qualifying Rule 20A project sooner than they otherwise could.
In accordance with the Decision, and when requested by you, SCE will meet with you and community residents at least once every six months when projects are in queue, and at least once every other month once a conversion project is underway. The decision requires local government to give notice of the meetings and provide the venue. Please feel free to call me any time to schedule such a community meeting or, if you have any questions about Rule 20A or any other matters affecting SCE’s service to you.
Regards,
Julio Felix
New Development Project Manager, Rule 20 Program
cc:
Elias Bermudez, Senior Manager, New Development Planning Jeremy Goldman Government Affairs Manager
Talisa Lee, Business Advisor, Rule 20, New Development Planning
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 3
Menifee Mayor and City Council February 16, 2022
RESOLUTTON NO.22-1117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITIES DISTRICT NO. 2021.1 OF THE CITY OF MENIFEE ON GOETZ ROAD FROM CASA BONITA AVENUE TO 270 FEET SOUTHEAST OF VISTA WAY INTO THE CITY'S RIGHT-OF.WAY AND ON VISTA WAY FROM GOETZ ROAD
TO CONEJA DRIVE
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20; and
WHEREAS, Rule 20A allows Southern California Edison to remove poles, overhead wires, and associated overhead structures, and the underground installation of wire and facilities for supplying electric, communication, and similar services to underground utility districts; and WHEREAS, pursuant to Rule 20A, a City is authorized to create an underground utility district where the City has determined, after consultation with SCE and after holding a public hearing on the subject, that such undergrounding is in the public interest, and provided that the City adopt an ordinance requiring: (i) that all existing overhead communication and distribution facilities in the proposed district be removed, (ii) that each property to be served with the necessary improvements to receive service from the underground facilities, and (iii) authorizing SCE to discontinue its overhead service; and
WHEREAS, pursuant to Rule 20A, the City of Menifee desires to convert the overhead facilities to underground utilities along Goetz Road near Vista Way more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City of Menifee desires to hold a public hearing to determine whether the public necessity, health, safety or general welfare, and to adopt required underground installation of all utilities within the area described in Exhibit A as required by Rule 20A.
NOW, THEREFORE, BE lT RESOLVED that the City Council of the City of Menifee, California:
Section 1 . Recitals. The above recitals are true and correct Section 2. Statement of lntent. The City hereby states its intention to declare the area shown on xhibit A, as an underground utility district in accordance with the requirements of Rule 20A, and that the proposed underground utilities district will be known as "Underground Utilities District No. 1," and the boundaries of the proposed underground utilities district are described and shown on Exhibit A attached hereto.
1 Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 4
Menifee Mayor and City Council February 16, 2022
Resolution Description
Section 3. blic Hearin The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, February 16, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing to consider adopting an ordinance creating the proposed Underground Utility District No. 1, depicted in Exhibit A hereto.
PASSED, APPROVED AND ADOPTED this 19th day of January,2022 --Y
Bill Zimm ayor
Attest
ta Manwaflng, City C
Approved as to form:
T. Melching ttorney
2 Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 5
Menifee Mayor and City Council February 16, 2022
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Menifee Mayor and City Council February 16, 2022 Page 331 of 439
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Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 7
Menifee Mayor and City Council February 16, 2022 Page 332 of 439
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 22-1 1 '17 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 19th of January 2022 by the following vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
ala A. Manwaring, MMC
City Clerk
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MENIFEE
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Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 8
Menifee Mayor and City Council February 16, 2022
1 ORDINANCE NO. Insert No.
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITIES DISTRICT 2022-1 OF THE CITY OF MENIFEE ON GOETZ ROAD FROM CASA BONITA AVENUE TO 270 FEET SOUTHEAST OF VISTA WAY INTO THE CITY’S RIGHT-OF-WAY AND ON VISTA WAY FROM GOETZ ROAD TO
CONEJA DRIVE
WHEREAS, the California Public Utilities Commission (“CPUC”) has authorized electric utilities to convert overhead utility lines and facilities pursuant to Electric Rule 20; and WHEREAS, Rule 20A allowsthe City to establish legislation to create certain underground utility districts within which existing overhead electric distribution and communications facilities will be converted to underground.
WHEREAS, pursuant to Rule 20A, a City is authorized to create an underground utility district where the City has determined, after consultation with SCE and after holding a public hearing on the subject, that such undergrounding is in the public interest, and provided that the City adopt an ordinance requiring: (i) that all existing overhead communication and distribution facilities in the proposed district be removed, (ii) that each property served from such electric overhead facilities shall have installed in accordance with SCE’s rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of SCE as soon as it is available, and (iii) authorizing SCE to discontinue its overhead service; and WHEREAS, on January 19, 2022, the City Council of the City of Menifee adopted Resolution 22- 1117 declaring its intention to form the Underground Utility District No. 2022-1 of the City of Menifee within the area described in Exhibit A; and
WHEREAS, on February 16, 2022, after providing all notice required under the Rule 20A, the City Council held a public hearing on the matter.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.The above recitals are true and correct and are incorporate herein Section 2.The public necessity, health and safety, require the removal of poles and overhead lines and associated overhead structure from the area within Underground Utility District No. 2022-1.
Section 3.After consultation with Southern California Edison, and based on the record before the City, the City finds that the creation of Underground Utility District No. 2022-1 under Rule 20A is in the general public interest, because:
a. The project site of Underground Utility District No. 2022-1 is considered an arterial street or major collector roadway under the City’s General Plan.
b. The project site will be extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic.
c. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities.
Section 4. The Underground Utility District No. 2022-1 is hereby established with the boundaries as shown on Exhibit A attached and incorporated by reference.
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 9
Menifee Mayor and City Council February 16, 2022
Underground Utility District 2022-1
2 4
4 5
4 6
Section 5. Adoption of this ordinance, and the creation of Underground Utility District No. 2022- 1 requires the removal of poles, overhead wires and associated overhead structures within Underground Utility District No. 2022-1. Upon establishment of the Underground Utility District No. 2022-1 via this ordinance, it is prohibited for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service under this ordinance, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this ordinance. All existing overhead utilities in the project site will be notified of the required undergrounding in a manner determined by the City Engineer. Exceptions include:
a. Any city facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
b. Poles, or electroliers used exclusively for street lighting; c. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
d. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
e. Antennae associated equipment and supporting structures, used by a utility for furnishing communication services;
f. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
g. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
Section 6. SCE is directed to use the City of Menifee’s allocated Rule 20A funds/credits to construct the project within the District’s boundaries.
Section 7. The City Council does hereby establish that the date on which affected property owners must be ready to receive underground service, and the removal of all poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric communication or similar or associated service within the Underground Utility District shall be established by a schedule determined at the time a bid is awarded for the project, as required by a phasing plan or by dates as may be set by a subsequent schedule.
Section 8. Notice to Impacted Property Owners. Within 30 days after the effective date of this ordinance, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by this ordinance. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant, shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 10
Menifee Mayor and City Council February 16, 2022
Underground Utility District 2022-1
3 4
4 5
4 6
Notification by the City Clerk shall be made by mailing a copy of the ordinance adopted pursuant to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
If underground construction is necessary to provide utility service within a district created by adoption of this ordinance, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission.
Section 9. Authorization to Execute Agreements. Upon establishment of Underground Utility District No. 2022-1, the City Council authorizes the City Manager to complete, execute and transmit on behalf of the City all agreements, acknowledgment, and forms necessary to complete the Underground Utility District No. 2022-1 project, subject to the approval as to form by the City Attorney, and to provide SCE direction to implement the City’s desires for an expedited schedule.
Section 10. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 11.Effective Date. This ordinance shall take effect thirty days from the date of its adoption.
Section 12.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
This Ordinance was introduced and read on the 16 day of February, 2022 and APPROVED AND ADOPTED THIS Day DAY of MONTH USING CAPS, Year.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey Melching, City Attorney
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 11
Menifee Mayor and City Council February 16, 2022
4 Exhibit A
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 12
Menifee Mayor and City Council February 16, 2022
Underground Utility District 2022-1
5 4
4 5
4 6
Item Title: 11.2 Establishing Underground Utilities District No. 2022-1 Item Page Number: 13
Menifee Mayor and City Council February 16, 2022
CITY OF MENIFEE
SUBJECT: City of Menifee Jobs Blueprint Plan
MEETING DATE: February 16, 2022
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Management Analyst
REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and File the City of Menifee Jobs Blueprint Plan and implement plan through the City of Menifee’s Economic Development Strategy and Plan.
DISCUSSION
Background
On August 7, 2019, the Menifee City Council adopted Resolution 19-819 approving the City of Menifee 2019 Comprehensive Economic Development Strategy (CEDS). The CEDS is an incremental plan that aims to diversify Menifee’s local economy through a plan of job creation, growing businesses from start-ups to attraction and expansion efforts, overall marketing of the City and business programming. This plan would ultimately lead to increasing and sustaining the overall quality of life for Menifee residents and businesses. Through adoption of the CEDS, the Menifee City Council Strategic Plan item 2.6.3 to “create Econ Dev Strategic Plan” was achieved, and the plan has been utilized to guide Menifee’s economic development strategy and efforts since 2019. Additionally, within the CEDS, “workforce development coordination” is identified as a CEDS Strategic Action item and identifies the need to “prepare coordination framework defining the critical partners and partners’ roles leading to establishing a system for defining the goals, methods, etc.” Furthermore, the City Council’s Strategic Plan item 2.6.11 also provided direction to complete the “creation of a robust workforce development plan,” within the Economic Development Strategy and Plan.
Menifee Jobs Blueprint Plan
The goal of a “Jobs Blueprint Plan” is a robust workforce development plan in part of a larger economic development strategy guided by Menifee’s CEDS. It is aimed at supporting the growth of local employers, attracting new businesses to the area, expanding existing targeted industries, creating local job opportunities for residents, and growing the economic base from youth to adolescence through partnerships and pathways.
Item Title: 12.1 City of Menifee Jobs Blueprint Plan
Item Page Number: 1
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
City of Menifee Jobs Blueprint Plan
February 16, 2022
8 6
8 Staff reached out for informal bids, and based on the expertise needed for the project, MAP Advising who also completed Riverside County’s State Workforce Development Plan, was ultimately selected based on experience of the region and cohesiveness of aligning with County’s workforce development efforts. In addition, to ensure synergy with the region and with Menifee’s partners, the Menifee Jobs Blueprint Plan also is closely in-line with the County of Riverside’s CEDS. By partnering with key stakeholders throughout the City and Southwest Riverside County, this Blueprint Plan will be used to guide City and regional efforts in setting economic and workforce development goals regionally, while encouraging partner and stakeholder collaboration to achieve them.
During the process of creating the Menifee Jobs Blueprint Plan, Menifee worked with a diverse thinktank group of partner agencies for an inclusive and comprehensive strategy in crafting the plan. Partner agencies from around the region, including Riverside County Workforce Development, Riverside County Office of Economic Development, local K-12 education, higher education, and representatives from the following industries: healthcare, finance, advanced manufacturing, life science, and information technology, all came together in August 2021 for an extensive stakeholders strategic committee session to discuss and map out labor market information for the City, region, and state. This group discussed strengths, weakness, opportunities, and threats that Menifee’s current workforce and career pathways face in achieving the workforce goals that are targeted by each industry in Menifee, while also coming up with regional solutions for them.
Ultimately, the “Menifee Jobs Blueprint Plan” contains the following components:
Labor Market information, data, and insights specific to Menifee, based on September 2021 estimates using U.S. Census data.
Jobs-Talent Algorithm (JTA), a procedural approach, that works to achieve an equilibrium between jobs and skilled workers for the following high level targeted industries:
Healthcare, Advanced Manufacturing, and Information Technology Career Pathway Blueprints, an outlined strategy for setting up career pathway committees for each identified targeted industry
The Jobs Blueprint is meant to “set the table” for creating jobs and matching those jobs with the right talent locally. A key element of the Jobs Blueprint Plan is the Jobs-Talent Algorithm (JTA) that can be utilized separately from this Blueprint to meet the economic goals of Menifee and the region. This Blueprint will be used by the Office of Economic Development to guide efforts and programming with setting economic and workforce development goals, as well as outlining partnerships and collaborations to achieve them. As job creation and workforce development maintain a priority regionally, partnerships with agencies such as the Economic Development Coalition (EDC), local schools and colleges and Riverside County will be critical to implementing and executing the Jobs Blueprint Plan.
Staff recommends that the Menifee City Council receive and file Menifee’s Jobs Blueprint Plan, as the first City in Riverside County to complete such plan, so that staff can begin to implement Item Title: 12.1 City of Menifee Jobs Blueprint Plan
Item Page Number: 2
Menifee Mayor and City Council February 16, 2022
City of Menifee Staff Report
City of Menifee Jobs Blueprint Plan
February 16, 2022
8 6
8 its findings within its Economic Development Strategy efforts with its outreach and programming.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
The “Menifee Jobs Blueprint Plan” completes City of Menifee Strategic Plan Item 2.6.11- “Create robust workforce development plan” by creating a guiding document for Menifee's Workforce Development efforts for its attraction efforts. Additionally, the City’s Comprehensive Economic Development Strategy (CEDS) identified “workforce development coordination” as a CEDS Strategic Action Item, identifying the need to “prepare coordination framework defining the critical partners and partners’ roles leading to establishing a system for defining the goals, methods of a workforce plan.”
FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action of a receive and file of the Menifee Jobs Blueprint Plan.
ATTACHMENTS
1. City of Menifee Jobs Blueprint Plan
Item Title: 12.1 City of Menifee Jobs Blueprint Plan
Item Page Number: 3
Menifee Mayor and City Council February 16, 2022
by: MAP
ADVISING
3 Advanced Manufacturing
2 Information Technology
1 Healthcare
City of Menifee Jobs Blueprint v. 1.0
Item Title: 12.1 City of Menifee Jobs Blueprint Plan
Item Page Number: 4
Menifee Mayor and City Council February 16, 2022
I. Introduction .....................................................................................................................3 The City of Menifee’s Comprehensive Economic Development Strategy (CEDS) ................................................................................................................................4 Development of the Menifee Jobs Blueprint........................................................... 5 II. Labor Market Information ...........................................................................................6 Race and Ethnicity ...........................................................................................................7 Educational Attainment .................................................................................................8 Household Annual Income ...........................................................................................9 Unemployment ...............................................................................................................10 Employment Share by Industry ..................................................................................10 Selected Industries and Employment Data ..............................................................11 Healthcare .......................................................................................................................12 Advanced Manufacturing ............................................................................................13 Information Technology ...............................................................................................14 III. The Jobs-Talent Algorithm (JTA) .............................................................................15 JTA Step One: Determine the Target Number of New Jobs ..............................16 JTA Step Two: Business Attraction and Expansion:
Creating Jobs through “Hunting” and “Gardening” .............................................19 JTA Step Three: Attracting and Retaining Middle- and High-Skill Talent ......23 JTA Step Four: Develop New Middle- and High-Skill Talent Locally ..............24 JTA Step Five: Evaluate Progress and Iterate on
the Jobs-Talent Algorithm ..........................................................................................28 IV. Career Pathway Blueprints.......................................................................................29 Appendix A: Stakeholder Strategy Session Attendees
and MJB Interviewees .......................................................................................................33 Table of Contents
Item Title: 12.1 City of Menifee Jobs Blueprint Plan
Item Page Number: 5
Menifee Mayor and City Council February 16, 2022
The City of Menifee developed this Jobs Blueprint as part of a larger economic development strategy to support the growth of local employers, attract new businesses to the area, and to create job opportunities for its residents. In partnership with key stakeholders throughout the City and Southwest Riverside County, this Blueprint will be used to guide efforts in setting economic and workforce development goals, then collaborating to achieve them.
This Blueprint is meant to “set the table” for creating jobs and matching those jobs with the right talent locally. A key element of it is the Jobs-Talent Algorithm (JTA) that can be utilized separately from this Blueprint in order to meet the economic goals of Menifee and the region. It should be noted that the economy of Menifee is situated within the subregion of Southwest Riverside, which also includes the cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. Eventually, the goals and strategies of the JTA can be further developed to fully encompass the larger subregion. The macro region is the Inland Empire, which includes both San Bernardino and Riverside Counties and the activities proposed in this Blueprint will benefit from coordination with county and regional partners as well.
I. Introduction
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The City of Menifee’s Comprehensive Economic
Development Strategy (CEDS)
In 2019, the City of Menifee developed and officially adopted a five-year CEDS per U.S.
Economic Development Administration guidelines. The goal of the CEDS is to build resiliency in the local and regional economy, reflecting a spectrum of strategic themes such as diversifying the City’s industry/employment base; making infrastructure investments that leverage local, state and federal funding; and improving the City’s fiscal position.
The key goals of Menifee’s CEDS are:
A. Create new jobs through business retention/expansion/attraction and entrepreneurial development;
B. Expand the City’s tax base;
C. Improve Menifee residents’ local employment opportunities and upgrade workforce preparedness;
D. Improve Menifee’s amenities as a residential community (residential quality of life), including expanded availability of local retail/restaurant and entertainment options; E. Continue to consistently convey a message to the business/development community that the City of Menifee is “ready for business”; and
F. Foster sustainability and economic resiliency
The CEDS specifically calls for a workforce development coordination role to be played by the City and the development of a “coordination framework.” This Blueprint serves as that framework, primarily addressing goals A, C, E and F. However, the strategies here reinforce overall economic growth, which indirectly can make progress on goals B and D as well.
A follow-up memo from a stakeholder meeting for the CEDS held in April 2021 recommended a set of target industries, narrowed from the CEDS, which has been further refined for this Blueprint to include Healthcare, Advanced Manufacturing and Information Technology (IT). These sectors were chosen based on industries identified in the CEDS, current labor market data, and discussion among Menifee staff and stakeholders. In addition, the County of Riverside’s Local Workforce Development Plan for 2021-2024 calls for sector-based strategies in Healthcare and Social Assistance and Manufacturing, two of the three target industry sectors identified in Menifee.
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Development of the Menifee Jobs Blueprint
The development of the CEDS and this Blueprint included a set of key regional stakeholders who have provided input and guidance throughout the process. Specifically for this Blueprint, a Menifee Jobs Blueprint Stakeholder Strategy Session was held at City Hall in Menifee on August 24th, 2021. At the meeting, local demographics and labor market information for five sectors of interest were presented and the group discussed workforce development assets and challenges for each. The findings from that session have been incorporated into the strategies below.
Following the session, ten follow-up interviews were conducted with individuals from the key industries, education providers and workforce development partners, some of which were also present at the Strategy Session. A list of those who took part in the session and/or were interviewed virtually or over email is provided in Appendix A.
In coordination with the City of Menifee’s Office of Economic Development, MAP Advising was contracted to guide the process and develop this Blueprint. 5 Item Title: 12.1 City of Menifee Jobs Blueprint Plan
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II. Labor Market Information
Key data and insights from available demographic and labor market data informed the development of the MJB throughout the process. In this section, population data specific to the City of Menifee is presented, based on 2021 estimates from Esri using U.S. Census data. Labor market information was sourced from the State of California’s Employment Development Department, Labor Market Information Division (EDD), Sept 17, 2021 data release (August data).
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Race and Ethnicity
As shown in Figures A and B below, Menifee is a culturally diverse city, which can be an advantage for business attraction efforts as employers seek a competitive edge through hiring a diverse workforce. In terms of attracting talent, the amount of diversity of the City has been growing and is expected to continue doing so, which is an amenity that can be advertised as a draw to the area.
Source: Esri 2021 estimate based on U.S. Census data
Source: Esri 2021 estimate based on U.S. Census data; Note that persons of Hispanic Origin may be of any race, which is why the data is presented separately from Race. 7 Item Title: 12.1 City of Menifee Jobs Blueprint Plan
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Educational Attainment
The City of Menifee can leverage the fact that more than 60% of its population have at least some college coursework completed and that over 30% have an associate’s degree or higher (see Figure C). This has implications both for business attraction and talent development. In terms of advertising to new businesses, they would likely be interested in learning more about the population with degrees that the city has.
For talent development, it’s clear that residents would benefit from both middle- and high- skill job opportunities as defined by education level in the next section. Those with some college have a head start on completing an associate’s or other credential and obtaining a middle-skill job. Those with bachelor’s degrees and above, particularly those that may be leaving the city for high-skill jobs elsewhere, may be enticed to work locally if the number of high-skill jobs were increased within the city or subregion.
Figure C: Educational Attainment (Ages 25+)
Source: Esri 2021 estimate based on U.S. Census data
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Household Annual Income
Menifee is generally a middle-income community as Esri estimates the average annual household income to be $93,275, close to the 2020 U.S. average of $97,026. However, Menifee’s estimated median household income in 2021 of $76,221 is above the U.S. median income of $67,521 in 2020.1 Overall, Figure D shows that there is a mix of income levels in the community, with over 35% earning over $100,000 and more than 21% of households earning less than $35,000 a year. The high portion of higher-income households can be used to demonstrate a strong consumer base for attracting new business activity.
For the lower-income portion, many would be eligible for publicly funded workforce services offered by the county as well as tuition assistance for education programs.
Source: Esri 2021 estimate based on U.S. Census data
1 U.S. average and median household income data from the U.S. Census’s Current Population Survey Annual Social and Economic Supplement (Sept 2021)
Figure D: Household Annual Income
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Figure E: Employment Share by Industry (Aug 2021)
Unemployment
As of September 2021, the Employment Development Department (EDD) reported August unemployment in CA was 7.5% compared to 5.2% nationally. Menifee was at 7.8%, quite close to the state average. It appears that the city is recovering from the economic shocks of the pandemic at approximately the same pace as the rest of the state. The opportunity here is that there are roughly 3,281 individuals in the working age population of 16-64 who are available for work or that could be upskilled with training to prepare for middle-skill opportunities currently.2
Employment Share by Industry
Figure E below shows the share of all employment in the region for each industry compared to the share of Menifee’s residents. While the portion of Menifee’s workers is slightly below that of the region for Healthcare, it is a bigger part of the local workforce in Manufacturing and Information (which includes information technology). The rapid growth of jobs in Healthcare expected across the region in the next several years may increase Menifee’s share compared to the region (see Selected Industries and Employment Data below).
Data from the CEDS in 2019 showed that about 26,456 people who live in Menifee leave the City during the day for their jobs, so some share of each of these industry employment numbers are employed outside of the City. This is another opportunity for business attraction efforts to learn more about the characteristics and specific employers of those leaving the city to focus attraction efforts on similar employers.
Source: Esri 2021 estimate based on U.S. Census data and EDD data for August 2021 2 Based on Esri 2021 population estimates and labor force participation rates of each segment, totaling 42,070 workers between the ages 16-64 currently in the labor force and a 7.8% unemployment rate for the City. 10 Item Title: 12.1 City of Menifee Jobs Blueprint Plan Item Page Number: 13
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Selected Industries and Employment Data
While the strategies in the CEDS related to economic development span multiple industry sectors, three sectors in particular have been prioritized in this Blueprint: Healthcare, Advanced Manufacturing and Information Technology. Together, these sectors represent nearly a quarter of the current workforce in Menifee and have the most potential for generating quality middle- and high-skill jobs for the Southwest Riverside region. All three are also recommended targets for business attraction in the CEDS. Of course, the local economy of Menifee and Southwest Riverside is made up of interdependent industry sectors. Thus, even with a focus on these three industries, many of the strategies in Section III can be applied to other industries as well.
Each of the sections by industry below begin with a brief description of how the sector was chosen, followed by regional employment projections for the industry and selected high- and middle-skill occupations.3 All data is regional, except where noted. Note that some occupations span industries so there is not always a direct correlation between industry employment numbers and occupations normally associated with that industry (e.g., the “Computer User Support Specialist” occupation is listed under the Information Technology industry below but could be employed in nearly any industry). For occupations identified in this analysis, two definitions are used:
High-skill occupations are defined as jobs that require a bachelor’s degree and higher and likely also require work experience and/or specialized training such as residencies.
Middle-skill occupations are defined as jobs that require some education/training beyond a high school diploma, but less than a bachelor’s degree. For this analysis, primarily occupations that pay an hourly rate of $25/hr. and above were chosen as an approximate living wage for the area.4
3 EDD data for the region includes San Bernardino and Riverside counties. 4 Living wage approximation derived from the MIT living Wage Calculator: https://livingwage.mit.edu/ 11 Item Title: 12.1 City of Menifee Jobs Blueprint Plan Item Page Number: 14
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Healthcare
As a rapidly growing industry both nationally and regionally, Healthcare has many opportunities across the region. It was recommended as a target industry in the CEDS for multiple reasons, including that there is an established base of retirement developments in Menifee and other parts of Southwest Riverside, and that demand for healthcare services has grown. This demand will likely continue to grow substantially based on population growth. In addition, the increased focus on public health in the wake of the COVID-19 pandemic and the presence of high-profile healthcare “anchors” in region was a prominent reason for focusing on this industry.
The available data for the expected growth of the industry supports this recommendation as noted in Table 1 below.
Clearly, there is tremendous growth and opportunity for jobs in Menifee in Healthcare in both middle- and high-skill occupations. Physician Assistants, which require a specialized master’s degree but do not require medical school, may become a target high-skill occupation for Menifee given the expected demand here. The largest need is for Registered Nurses (RNs), which are expected to grow by nearly 5,000 jobs. As shown in the Career Pathway Blueprints below, there are multiple organizations in the area that offer RN programs that can be leveraged to meet this demand.
Table 1: Healthcare Employment Projections
Regional Employment Projections (2018 – 2028)
+ 36,100 New Jobs+ 16.4%
Sample Jobs
Clinical Laboratory
Technologists and Technicians
$25.24/hr.
310 new jobs
Physician Assistants
$64.36/hr.
460 new jobs
High-Skill
Physicians and Surgeons
(All Other)
$96.58/hr. (national median)
230 new jobs
High-Skill
Registered Nurses
$53.61/hr.
4,950 new jobs
Middle-Skill
Respiratory Nurses
$37.14/hr.
490 new jobs
Middle-Skill
Middle-Skill
Source: EDD Employment Projections 2018-2028
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