City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2 Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, March 2, 2022
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Public meetings are open to the public for in person attendance. Please follow State guidelines for mask requirements.
The public may also submit public comments to [email protected]. Please note emailed comments will not be read aloud during the meeting, but will be made part of the record.
CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Assessors Parcel Number (APN): 337310005
City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager
Negotiating Parties: Ahura Investments; City of Menifee Under Negotiation: Price and terms of payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Jeff Johnson Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Paloma Valley High School Wrestling Team Recognition
5.2. Outstanding Citizen of the Month – Willie “Vivian” Stancil
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 February 16, 2022 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
10.3 Proclamations
RECOMMENDED ACTION
1. Declare March 2022 as American Red Cross Month
10.4 Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds RECOMMENDED ACTION
1. Accept the fiscal year 20212022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grantrelated documents thereof to receive the SB 821 funds for the approved Project.
10.5 Romoland Grid Resurfacing Agreements
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing South Project, Capital Improvement Project No. CIP2223, in the amount nottoexceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount notto exceed of $33,910.
10.6 Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No.
CIP2116, with the Riverside County Recorder’s Office.
10.7 Vehicle Leases for Menifee Police Department and Code Enforcement RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the nottoexceed amount of $1,700 per month plus a onetime fee of $325 per vehicle for license and delivery fees for a fiscal year 202122 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the nottoexceed amount of $1,800 per month plus a onetime fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 202122 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approve and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618EFM, thereby exempting the purchase under the competitive bidding process.
10.8 OnCall Engineering and Inspection Services Agreement Amendments RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for oncall engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for oncall engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R.
Bechter for contract inspection services.
10.9 Sunset Park Acceptance, Tract Map 36484, Audie Murphy Ranch, by Sutter Mitland 01 LLC
RECOMMENDED ACTION
1. Authorize the City Engineer to accept the public improvements at Sunset Park; and
2. Adopt a Resolution approving the grant deed and certificate of acceptance for Sunset Park; and
3. Approve the 90% landscape improvement bond reduction for Sunset Park, Lot 111 of Tract Map 36484, located west of Goetz Road and Audie Murphy Road North.
11. PUBLIC HEARING ITEMS
11.1 Menifee Municipal Code Title 9 Change of Zone Ordinance Amendment RECOMMENDED ACTION
1. Introduce an Ordinance approving Change of Zone No. PLN210408 amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN210408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act (CEQA) and direct staff to file a Notice of Exemption.
11.2 MultiFamily Objective Design Standards and Development Code Amendment RECOMMENDED ACTION
1. Adopt a Resolution approving the MultiFamily Objective Design Standards to be incorporated by reference in the Development Code; and
2. Introduce an Ordinance approving Code Amendment No. LR210287, amending the Development Code (Title 9 of the Menifee Municipal Code) to establish a multifamily ministerial review application procedure and requirements for ministerial review of multifamily residential to comply with state law (Senate Bill 35).
11.3 Solid Waste and Recycling Ordinance Amendment
RECOMMENDED ACTION
1. Introduce an Ordinance amending Menifee Municipal Code Title 6, Chapter 6.30 Solid Waste and Recycling to meet requirements of California’s ShortLived Climate Pollutant Reduction Strategy (Senate Bill 1383).
12. DISCUSSION ITEMS
12.1 Redistricting Ordinance Introduction
RECOMMENDED ACTION
1. Introduce an Ordinance, repealing and replacing Ordinance No. 2011101 and amending the boundaries for the four councilmanic districts.
12.2 Industrial Good Neighbor Policies
RECOMMENDED ACTION
Adopt a Resolution approving the Industrial Good Neighbor Policies as an appendix to the City of Menifee’s Design Guidelines.
12.3 PermitReady Accessory Dwelling Unit Plans and Guidebook RECOMMENDED ACTION
1. Adopt a Resolution approving the PermitReady Accessory Dwelling Unit (ADU) plan designs and ADU Guidebook for use by the public in obtaining permits for construction of an accessory dwelling unit per City requirements.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021) Target Date: April 2022 – following the RCTC feasibility study > Regional Transportation Plan Update (Sobek, July 7, 2021) Target Date: March 2022
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021) Target Date: TBD
> Discuss City Citizen’s Academy Commencing 2022 (Sobek, September 15, 2021) Target Date: March 16, 2022>
>City Holiday Tree Lighting Event (Sobek, December 15, 2021) Target Date: March 16, 2022
> Holland Road Overpass Timeline (Sobek, February 2, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage at https://cityofmenifee.us/agendas . The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at (951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4
MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, February 16, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:00 PM.
2. ROLL CALL
Present: Dean Deines, Bob Karwin, Matthew Liesemeyer, Lesa Sobek, Bill Zimmerman
Absent: None
3. WORDS OF INSPIRATION
Bishop Daniel Temple provided the words of inspiration.
4. PLEDGE OF ALLEGIANCE
Craig Grubber with Herk Bouris Elementary School led the flag salute.
5. PRESENTATIONS
5.1 Outstanding Citizen of the Month – Tony Reverditto
The City Council introduced Tony Reverditto and presented him with the Outstanding Citizen of the Month certificate. Mayor Zimmerman spoke on his volunteer efforts in the City and thanked Mr. Reverditto for his efforts. Mr. Reverditto thanked the City Council and his friends and family.
5.2 Retirement Recognition of Elinor Martin, Menifee Valley Historical Association The City Council introduced Elinor Martin and thanked her contributions to the community. Ms. Martin spoke on the formation of the historical association.
5.3 Business Spotlight – Blitzer’s Premium Frozen Yogurt Economic Development Director Gina Gonzalez introduced the business spotlight program, Blitzer’s Premium Frozen Yogurt, and provided a short promotional video.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
5.4 Economic Development Coalition Plan – Connie Stopher Economic Development Director Gina Gonzalez introduced Connie Stopher, Executive Director at the Economic Development Coalition. Ms. Stopher provided a work plan report and presentation to the City Council. Ms. Stopher reported on her previous projects; international experience; program successes; and strategic initiatives.
The City Council expressed their gratitude to Ms. Stopher for her presentation.
5.5 Community Services Update
Community Services Manager Mariana Mitchell provided a presentation and reported on the recreation programs; upcoming events; and park ranger updates.
Community Services Coordinator Michael Rinehart announced the teen awards for the winter quarter. The City Council presented each of the teens with a plaque.
6. AGENDA APPROVAL OR MODIFICATIONS
Acting City Clerk Stephanie Roseen stated due to a legal requirement to hold the Redistricting public hearing at the noticed time of 7:00 PM, staff requested to move Item No. 11.1 prior to Item No. 7, Public Comments.
The City Council approved the agenda unanimously (5-0) with the modification.
11.1 Redistricting (7:00 PM Start)
The public hearing started at 7:00 PM. City Consultant, Andrew Westall with Bear Demographics, provided a presentation and reported on Draft Map Nos. 3 and 4.
Mayor Zimmerman opened the public hearing at 7:11 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed, the City Council was provided correspondence that had been received and there were no other public comments. Mayor Zimmerman closed the public hearing at 7:12 PM.
Councilmember Sobek asked the City Council to consider Draft Map No. 4.
Councilmember Liesemeyer stated his support for Draft Map No. 3.
Councilmember Sobek stated her support for Draft Map No. 4 Mayor Pro Tem Deines stated his support for Draft Map No. 3. Mayor Zimmerman stated his support for Draft Map No. 3.
Councilmember Karwin stated his support for Draft Map No. 3 ACTION
1. Provided consensus on Draft Map No. 3 and directed staff to move forward with the Final Map and Ordinance.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
None.
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended. Murrieta Temecula Group Meeting
Rotary Club Meeting
Talavera Park Ribbon Cutting
Councilmember Liesemeyer reported on the meetings and event he attended. Murrieta Temecula Group Meeting
Student of the Month
Wester Riverside Council of Governments (WRCOG) Meeting Councilmember Sobek reported on the meetings and events she attended. Emotional and Wellbeing Discussion (You Matter Committee) Murrieta Temecula Group Meeting
Western Riverside Regional Conservation Authority Stakeholders Committee Councilmember Sobek provided the City Councilmembers the Riverside County Habitat Conservation Agency 2021 annual report.
Mayor Pro Tem Deines reported on the event he attended. Talavera Park Ribbon Cutting
Mayor Zimmerman reported on the meetings and events he attended. You Matter Committee Meeting
Murrieta Temecula Group Meeting
Sun City Quilters Club Event
Community Partners Meeting
Riverside County Transportation Commission (RCTC) Meeting Canyon Lake City Council Meeting
Park Ranger Campfire at Spirit Park
City of Menifee Emergency Operations Meeting
Mount San Jacinto College Beach Volleyball Facility Grand Opening Talavera Ribbon Cutting
Mayor’s Meeting
9. APPROVAL OF MINUTES
The February 2, 2022 minutes were approved unanimously (5-0) with no modifications.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
10. CONSENT CALENDAR
Councilmember Karwin requested to pull Item No. 10.5. Councilmember Liesemeyer requested to pull Item No. 10.9.
The balance of the consent calendar was approved by the following vote.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
NAYS: None
RECUSE: None
10.1 Waiver of Reading
ACTION
1. Waived the reading in full of any and all Ordinances listed on this agenda and provided that they be read by title only.
10.2 Warrant Register
ACTION
1. Ratified and approved the Voucher List dated 01/28/2022, and the Payroll Register/Other EFT’s dated 01/20/2022, 01/21/2022, 01/25/2022 & 01/26/2022, and the Void Check Listing PE 1/31/2022 which have a total budgetary impact of $1,927,265,57.
10.3 Monthly Public Safety Reports
ACTION
1. Received and filed.
10.4 Special Districts Administrative Services Agreement ACTION
1. Approved and authorized the City Manager to execute a professional services agreement with Spicer Consulting Group for special districts administration for fiscal year 2022/23 in the amount not-to-exceed $135,108; and
2. Authorized the City Manager to execute four optional one-year amendments for fiscal years 2023/24, 2024/25, 2025/26 and 2026/27.
10.5 Notification of Intent to Comply with Senate Bill 1383 Mandate Management Analyst Kori Jones provided a presentation and reported on the California Senate Bill (SB) 1383; seven key program areas; next steps; neighboring city activity.
The City Council inquired about compliance, cost impact of the residents, commercial trash enclosure requirements and implementation.
Community Services Director Jonathan Nicks stated staff was working with Waste Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
Management (WM) for commercial businesses and senior aid and options and staff would bring those back to the City Council. Ms. Jones discussed waivers allowed by SB 1383.
Councilmember Liesemeyer inquired about options for waived fees. City Manager Armando Villa mentioned adding an option within the Ordinance. The City Council stated their support for staff to research financial assistance options for commercial and residential.
ACTION
1. Approved and authorized the City Manager or his designee to execute all necessary agreements and other application documents thereof to the Department of Resources, Recycling, and Recovery (CalRecycle); and
2. Adopted Resolution No. 22-1119, authorizing the City of Menifee to submit the Notification of Intent to Comply with Senate Bill 1383 and Senate Bill 619.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
10.6 Bailey Park Boulevard Improvements Agreement
ACTION
1. Awarded bid and authorized the City Manager to execute a Professional Services Agreement with NV5 for professional design services for the Bailey Park Boulevard Improvements, Capital Improvement Project No. 22-04, in the amount not-to-exceed $272,680.
10.7 McCall Boulevard Widening Project Agreement
ACTION
1. Awarded bid and authorized the City Manager to execute a Professional Services Agreement with KOA Corporation for civil engineering design and environmental services for the McCall Boulevard Widening Project, Capital Improvement Project No.
CIP22-03, in the not-to-exceed amount of $578,844.
10.8 Peacock Place Community Resurfacing Project Agreements ACTION
1. Awarded bid and authorized 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. Approved and authorized 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.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.9 CannonDesign Agreement Amendment for Fire Station No. 5 Councilmember Liesemeyer inquired about the proposed design and requested to add small element to include the community of Quail Valley.
Public Works Director Nick Fidler discussed options for incorporating Quail Valley into the fire station design.
Councilmember Liesemeyer stated he would be in favor a small symbol to represent Quail Valley added to the sign. Mayor Zimmerman suggested an imprint of a quail on the sign. City Manager Armando Villa suggested to incorporate verbiage such as “Quail Valley a Community of Menifee” in the signage.
The Council provided consensus to include the amended verbiage.
ACTION
1. Approved and authorized 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.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
10.10 Update to the City's Section 125 Cafeteria Plan
ACTION
1. Adopted Resolution No. 22-1120 to replace Resolution No. 15-485, authorizing an update to the City’s Section 125 Cafeteria Plan.
11. PUBLIC HEARING ITEMS
11.2 Establishing Underground Utilities District No. 2022-1 City Manager Armando Villa Introduced the item and Public Works Director Nick Fidler. Mr. Fidler provided a presentation and reported on the California Public Utility Commission Rule (CPUC) 20A; criteria for undergrounding; general process; proposed underground utility district No. 2022-1 location; proposed site; existing conditions; and tentative project timeline.
The City Council inquired about the funds and the cost to City, and timeline for completion.
Mayor Zimmerman opened the public hearing at 8:12 PM. Acting City Clerk Stephanie Roseen stated there were no public comments and there was no correspondence received. Mayor Zimmerman closed the public hearing at 8:12 PM.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
City Attorney Jeffrey Melching introduced the Ordinance by title.
ACTION
1. Introduced 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.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
12. DISCUSSION ITEMS
12.1 City of Menifee Jobs Blueprint Plan
Management Analyst Kayla Charters and consultant Matthew Poland with MAP Advising provided a presentation and reported on the background; Menifee Jobs Blueprint (MJB) Plan; workforce partners; development of the MJB; industry sectors; employment projections; the jobs-talent algorithm; career pathway blueprint; and next steps.
The City Council inquired about attracting high tech and high paying jobs in Menifee, skill level job descriptions, and updating of the document.
ACTION
1. Received and filed the report.
12.2 Hunting within City Limits
Menifee Police Chief Pat Walsh introduced Lieutenant Heriberto Gutierrez. Mr. Gutierrez provided a presentation and reported on the background of the current ordinance; current exemptions; and current locations hunting is allowed.
The City Council inquired about areas allowed for hunting and hiking and signage.
Councilmember Sobek stated she would like to look at amending the ordinance to limit hunting within the City.
Mayor Zimmerman stated his support for amending the ordinance.
Councilmember Karwin stated his concerns with other recreational uses of firearm discharge.
Lt. Gutierrez stated staff would bring an amended ordinance back to the City Council for their review.
City Attorney Jeffrey Melching summarized the City Council’s requests for the amended ordinance. The City Council provided consensus.
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
Menifee Mayor and City Council February 16, 2022
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
12.3 Third Amendment to an Employment Agreement with Armando G. Villa City Attorney Jeffrey Melching provided an oral report of the contract amendment.
The City Council stated their appreciation for the City Manager and his accomplishments.
ACTION
1. Approved the third amendment to the employment agreement between the City of Menifee and Armando G. Villa.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
City Manager Armando Villa stated his appreciation to the Council for their support and announced that the Menifee Police Chief Pat Walsh would be retiring.
Councilmember Karwin inquired about updates from the Krikorian construction site. Mr. Villa provided a brief update.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
None.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:09 PM.
Stephanie Roseen, Acting City Clerk
Item Title: 9.1 February 16, 2022 Minutes
Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit payments of demands and directs the City Manager to issue checks. The attached Voucher List and all corresponding invoices have been reviewed and approved for accuracy by the Financial Services Manager and by the Deputy Finance Director. Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, which have a total budgetary impact of $4,118,290.32.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated above, Voucher List dated 02/11/2022, and the Payroll Register/Other EFT’s dated 02/02/2022, 02/03/2022, 02/04/2022 and 02/08/2022, have a total budgetary impact of $4,118,290.32, which is included in the fiscal year 2021/22 budget.
ATTACHMENTS
1. Voucher Listing
2. Payroll Register/Other EFT’s
Item Title: 10.2 Warrant Register
Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
1 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51558 1/31/2022 00875 STATE WATER RESOURCE CTRL BD CK REQ 1.28 03701 STATE WATER BOARD PERMIT FEES 2,031.00 Total : 2,031.00
51559 2/1/2022 01251 STATE OF CA - DEPT OF FISH, AND WILDLIFE CK REQ 1/28 03700 CIP 13-03 PERMIT APPLICATION FEEE 5,748.75 Total : 5,748.75
51560 2/2/2022 00346 PLACEWORKS, INC. 77068 03251 NOV'21 PROF SVCS AGREEMENT FOR QUAIL HIL 1,160.25 03251 2,496.80DEC'21 PROF SVCS AGREEMENT FOR QUAIL HIL77282 Total : 3,657.05
51561 2/11/2022 00748 4IMPRINT, INC. 9609921 EMPLOYEE WELLNESS PROGRAM SHIRTS 213.28 269.15EOC EMPLOYEE SHIRTS9625234
Total : 482.43
51562 2/11/2022 00851 ACCELA, INC. INV-ACC54319-1 03412 FY21/22 ACCELA LICENSES 9,958.66 Total : 9,958.66
51563 2/11/2022 01252 AMAZON CAPITAL SERVICES, INC. 13GL-6CRD-7XJ7 PD OFFICE SUPPLIES 42.68
46.37COMM SVCS SUPPLIES13QH-1PXL-J4KY
326.24IT SUPPLIES14FG-1C6R-143J
55.42OFFICE SUPPLIES14FK-GVL3-LCFY
120.65COMM SVCS SUPPLIES16P1-G7L9-4CJX
108.42FLEET VEHICLE MAINTENANCE191X-P4T7-HWDF
326.24COMMUNITY DEVELOPMENT FURNITURE & EQUIPM19LF-9FTW-MHN7 -7.82OFFICE SUPPLIES19VK-CPPP-HJ4X
53.28COMM SVCS SUPPLIES1CGL-9JN7-7L37
326.24IT SMALL TOOLS & FIELD EQUIPMENT1DCD-P1WQ-LTTK
40.68FLEET VEHICLE MAINTENANCE1GGY-RV7P-KWNF
22.83COMM SVCS SUPPLIES1GQF-93T4-4KDH
12.17COMM SVCS OFFICE SUPPLIES1JND-JG7V-GQ9N
129.15IT SUPPLIES1JVQ-4H3T-4LMR
538.58IT SUPPLIES1KXV-VM49-D4CY
65.22COMM SVCS SMALL TOOLS & FIELD EQUIPMENT1NQC-13WP-6Y1Y 166.38COVID-19 SUPPLIES1P9F-M39Q-GR7G
53.28ECON DEV SUPPLIES1V4W-WXPR-X471
34.50PD/ IT SUPPLIES1XCF-R4YH-6CNJ
1Page:
Item Title: 10.2 Warrant Register
Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
2 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51563 2/11/2022 (Continued)01252 AMAZON CAPITAL SERVICES, INC. 138.49FLEET VEHICLE MAINTENANCE1YRW-44G6-JYWV
Total : 2,599.00
51564 2/11/2022 00258 AMERICAN FORENSIC NURSES, INC 75447 03571 DEC'21 PD FORENSIC SERVICES 195.00 Total : 195.00
51565 2/11/2022 00507 ANIMAL FRIENDS OF THE VALLEY OCT & NOV'21 03405 OCT & NOV'21 ANIMAL FIELD SERVICES 39,000.00 Total : 39,000.00
51566 2/11/2022 01607 ARCHITERRA DESIGN GROUP 29122 03346 DEC'21 ON-CALL LANDSCAPE DESIGN AND INSP 5,380.14 Total : 5,380.14
51567 2/11/2022 02111 CANNON DESIGN 214188R 03538 DEC'21 CIP 21-04 NEW FIRE STATION NO. 5 42,015.50 Total : 42,015.50
51568 2/11/2022 00370 CHANDLER ASSET MANAGEMENT, INC 2201MENIFEE 03449 JAN'22 INVESTMENT MGMT FEE 372.07 Total : 372.07
51569 2/11/2022 01374 CIVILPROS COM_1002_202112 02109 DEC'21 CIP 20-01 SCOTT ROAD/BUNDY CANYON 6,241.06 Total : 6,241.06
51570 2/11/2022 01516 CN ENGINEERING, INC 03307-05 03307 NOV'21 ON-CALL RECOVERABLE ENGINEERING S 1,260.00 Total : 1,260.00
51571 2/11/2022 00932 COAST RECREATION, INC. 14196 AMR FACILITY MAINT 217.49 Total : 217.49
51572 2/11/2022 02241 CONSIGNAS LIMITED INV-2889 03694 PALO ALTO FIREWALL TRAINING 2,155.50 Total : 2,155.50
51573 2/11/2022 00776 CORELOGIC SOLUTIONS, LLC 82114640 DEC'21 CORELOGIC LICENSING 421.00 Total : 421.00
51574 2/11/2022 01210 CORKY'S PEST CONTROL 2955076 AMR PEST CONTROL SVCS 75.00 Total : 75.00
51575 2/11/2022 00881 D.R. BECHTER CONSULTING INC. 14-002-358 02590 JAN'22 CONSTRUCTION INSPECTION SVCS ON-C 6,710.00 2Page:
Item Title: 10.2 Warrant Register
Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
3 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 6,710.00 51575 2/11/2022 00881 00881 D.R. BECHTER CONSULTING INC. 51576 2/11/2022 00795 DERRIGO DEMOGRAPHIC STUDIES 4891 03623 DEMOGRAPHIC MARKETING REPORT 7,200.00 Total : 7,200.00
51577 2/11/2022 02075 DESIGN PATH STUDIOS 12 MENIFEE 03005 DEC'21 PERMIT READY ADU UNIT PLANS AND G 4,600.00 Total : 4,600.00
51578 2/11/2022 01988 DIVERSIFIED DISTRIBUTION 2001902 P/W VEHICLE MAINTENANCE 277.31 141.34FLEET VEHICLE MAINTENANCE2001903
71.76PD VEHICLE MAINTENANCE2001911
Total : 490.41
51579 2/11/2022 00080 DOCU-TRUST 045415 DOC STORAGE & RETRIEVAL SVCS 699.36 Total : 699.36
51580 2/11/2022 02104 DOKKEN ENGINEERING 40130 03236 NOV'21 CIP 14-01 MCCALL BOULEVARD & I-21 24,057.50 Total : 24,057.50
51581 2/11/2022 01744 FEHR & PEERS 151037 03640 TRAFFIC IMPACT ANALYSIS GUIDELINES FOR V 1,955.00 Total : 1,955.00
51582 2/11/2022 00805 GARY F. HOYT LANDSCAPE CP-2468A 03315 OCT'21 ON-CALL RECOVERABLE ENG SVCS LAND 3,360.00 03289 5,665.00NOV'21 LANDSCAPE DESIGN & INSPECTION SVCCP-2469 Total : 9,025.00
51583 2/11/2022 02129 GRACIELA VERDUZCO 1/21/22 FEB'22 FEB'22 LEASE FOR POLICE SUBSTATION 2,085.00 Total : 2,085.00
51584 2/11/2022 00824 HILLCREST CONTRACTING, INC. PB 30034 03275 DEC'21 CIP 20-04 PALOMA WASH TRAIL IMPRO 354,223.72 Total : 354,223.72
51585 2/11/2022 01437 JPW COMMUNICATIONS, LLC 2422 DESIGN SVCS FOR CITY MANAGER'S OFFICE 295.00 Total : 295.00
51586 2/11/2022 02029 KEYSTONE INDUSTRIAL MEDICINE 1144 03504 MEDICAL CONSULTATION SERVICES ON CALL/AS 1,500.00 Total : 1,500.00
3Page:
Item Title: 10.2 Warrant Register
Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
4 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51587 2/11/2022 00840 KIMLEY-HORN AND ASSOCIATES, INC. 094991012-1121 03589 NOV'21 PANATTONI PROJECTTECHNICAL STUDIE 42,025.00 02511 19,615.65NOV'21 PROF SVCS AGREEMENT FOR '21-'29 H20322223 03161 1,742.40DEC'21 CIP 21-17 PEACOCK NEIGHBORHOOD RE20353116 03530 9,074.00DEC'21 CIP 22-15 ANTELOPE ROAD/MSJC ENTR20445162 Total : 72,457.05
51588 2/11/2022 01567 LOZANO SMITH LLP 2154071 DEC'21 CITY LEGAL SVCS 5,502.00 Total : 5,502.00
51589 2/11/2022 00241 LSA ASSOCIATES INC 180398 02905 NOV'21 CEQA TECHNICAL PEER REVIEW & IS/M 13,477.50 Total : 13,477.50
51590 2/11/2022 02142 MATRIX CONSULTING GROUP 21-43 #2 03257 CITYWIDE USER FEE STUDY AND DIF STUDY UP 10,000.00 03257 5,200.00CITYWIDE USER FEE STUDY AND DIF STUDY UP21-43 #3 03257 4,800.00CITYWIDE USER FEE STUDY AND DIF STUDY UP21-43 #4 03257 8,000.00CITYWIDE USER FEE STUDY AND DIF STUDY UP21-43 #5 Total : 28,000.00
51591 2/11/2022 02178 NORTHSOUTH GIS LLC INV-0000027197 03394 NOV-DEC'21 PROFESSIONAL GIS CONSULTING S 1,627.50 Total : 1,627.50
51592 2/11/2022 00706 NPG ASPHALT 22108 P/W MATERIALS & SUPPLIES 215.50 231.66P/W MATERIALS & SUPPLIES22123
Total : 447.16
51593 2/11/2022 01467 PARRON-HALL CORPORATION DEP59386 03717 CITY MANAGER'S DEPARTMENT DESK SPACES RE 6,370.41 Total : 6,370.41
51594 2/11/2022 00346 PLACEWORKS, INC. 75933 03625 JUL'21 PROFESSIONAL SVCS TO ACCELERATE H 1,240.00 03625 5,850.00AUG'21 PROFESSIONAL SVCS TO ACCELERATE H76343 03625 3,970.50SEP'21 PROFESSIONAL SVCS TO ACCELERATE H76472 03625 445.00OCT'21 PROFESSIONAL SVCS TO ACCELERATE H76726 03625 849.40NOV'21 PROFESSIONAL SVCS TO ACCELERATE H77051 Total : 12,354.90
51595 2/11/2022 01631 PLANETBIDS, INC. 222153 03402 FY 21/22 LICENSE FEE E-PROCUREMENT SOLUT 4,110.99 Total : 4,110.99
4Page:
Item Title: 10.2 Warrant Register
Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
5 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51596 2/11/2022 02159 QUEST 520717 03302 ENTERPRISE BUSINESS SYSTEM BACKUP 5,150.00 03302 2,247.50ENTERPRISE BUSINESS SYSTEM BACKUP521663
03302 2,150.00ENTERPRISE BUSINESS SYSTEM BACKUP523135
Total : 9,547.50
51597 2/11/2022 01717 QUINN COMPANY G29638012 03407 P/W EQUIPMENT 67,244.97 Total : 67,244.97
51598 2/11/2022 01212 R.J. NOBLE COMPANY 204158 03544 NOV'21 CIP 21-13 MCCALL BLVD RESURFACING 144,430.40 03544 119,793.27DEC'21 CIP 21-13 MCCALL BLVD RESURFACING204765 114.91P/W MATERIALS & SUPPLIES205793
103.00P/W MATERIALS & SUPPLIES205847
147.88P/W MATERIALS & SUPPLIES206310
Total : 264,589.46
51599 2/11/2022 01318 SEARLE CREATIVE GROUP LLC 21401-ED 03414 FY 21/22 ON-CALL MARKETING SERVICES 275.00 03414 3,544.32DEC'21 ON-CALL MARKETING SERVICES21403-ED Total : 3,819.32
51600 2/11/2022 02267 SOUTHSTAR ENGINEERING &, CONSULTING COMPMHP-01 03590 NOV-DEC'21 CIP 13-03 HOLLAND RD OVERPASS 5,245.50 Total : 5,245.50
51601 2/11/2022 01236 SPICER CONSULTING GROUP LLC 0943 03457 DEC'21 DISTRICT ADMINISTRATION SERVICES 9,527.05 Total : 9,527.05
51602 2/11/2022 00899 T.Y. LIN INTERNATIONAL 102201201 02748 DEC'21 CIP 13-03 HOLLAND ROAD OVERPASS D 20,420.51 Total : 20,420.51
51603 2/11/2022 01475 THRILLOGY ENTERPRISES LLC KH220217-579 PHOTOBOOTH FOR BROKERS LUNCHEON 750.00 Total : 750.00
51604 2/11/2022 02228 TOWNSEND PUBLIC AFFAIRS 18084 03604 PROFESSIONAL GRANT FUNDING/WRITING SERVI 15,000.00 Total : 15,000.00
51605 2/11/2022 01378 VISIONARIES IMAGE COMPANY 11-145 MENIFEE MARKETING 1,300.00 Total : 1,300.00
51606 2/11/2022 01250 VULCAN MATERIALS COMPANY 73182334 P/W MATERIALS & SUPPLIES 132.22 5Page:
Item Title: 10.2 Warrant Register
Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
6 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 132.22 51606 2/11/2022 01250 01250 VULCAN MATERIALS COMPANY 51607 2/11/2022 01198 WHITE HOUSE SANITATION 0001354780 JAN'22 LYLE MARSH PORTABLE RESTROOM SVCS 232.03 185.46JAN'22 LAZY CREEK PORTABLE RESTROOM SVCS0001354781 Total : 417.49
51608 2/11/2022 00143 WRCRCA CK REQ 2/01 DEC 2021 - MSHCP FEES 288,994.74 Total : 288,994.74
51609 2/11/2022 01524 WRIGHT SEPTIC 34804 FIRESTATION #5 FACILITY MAINTENANCE 540.00 420.00FIRESTATION FACILITY MAINTENANCE34906
Total : 960.00
51610 2/11/2022 02148 3SI SECURITY SYSTEMS, INC INV966332 03241 PD 3SI TRACKERS 6,793.89 Total : 6,793.89
51611 2/11/2022 02006 ACE UNIFORMS, LLC 115822 CODE ENF UNIFORMS 1,159.67 1,084.67CODE ENF UNIFORMS115823
Total : 2,244.34
51612 2/11/2022 00555 ADAME LANDSCAPING, INC. 91232 03485 DEC'21 ROW LANDSCAPE MAINTENANCE SVCS 38,089.97 03485 38,145.88JAN'22 ROW LANDSCAPE MAINTENANCE SVCS91519 03487 698.00JAN'22 PLANTER AREA/TURF MAINTENANCE SVC91520 Total : 76,933.85
51613 2/11/2022 01045 AHERN RENTALS, INC 24483180-001 EQUIPMENT RENTAL FOR TREE LIGHTING EVENT 585.86 Total : 585.86
51614 2/11/2022 00744 ALLIED TRAFFIC & EQUIP. RENTAL 85794 P/W SIGN MAINTENANCE & REPLACEMENT 84.83 946.13P/W SIGN MAINTENANCE & REPLACEMENT85807
Total : 1,030.96
51615 2/11/2022 00365 AMERICAN PLANNING ASSOC. 114850-2212 APA MEMBERSHIP RENEWAL 309.00
99.00APA MEMBERSHIP RENEWAL361283-2212
434.00APA MEMBERSHIP RENEWAL362993-2212
99.00APA MEMBERSHIP RENEWAL384820-2212
Total : 941.00
6Page:
Item Title: 10.2 Warrant Register
Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
7 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51616 2/11/2022 01350 AMERIGAS PROPANE L.P. 3131153565 FIRESTATION #68 PROPANE SVCS 1,028.16 1,110.32FIRESTATION #5 PROPANE SVCS3131446396
Total : 2,138.48
51617 2/11/2022 01512 ANADY'S TROPHIES & ENGRAVINGS 116258 MENIFEE PD PLAQUES 191.40 Total : 191.40
51618 2/11/2022 01646 ARROYO BACKGROUND, INVESTIGATIONS 2666 03283 PROF BCKGRND INVESTIGATION SVCS 1,200.00 Total : 1,200.00
51619 2/11/2022 02249 AUDACY OPERATIONS, INC 1989382-1 03610 TREE LIGHTING EVENT ADVERTISEMENT 500.00 Total : 500.00
51620 2/11/2022 02136 B&H FOTO & ELECTRONICS CORP 198772132 03705 BROADCASTING EQUIPMENT 18,141.91 Total : 18,141.91
51621 2/11/2022 02180 BEAR DEMOGRAPHICS, & RESEARCH LLC 0010-001 03451 MENIFEE REDISTRICTING CONSULTANT SERVICE 39,250.00 Total : 39,250.00
51622 2/11/2022 00355 CALIFORNIA ASSOCIATION OF, CODE ENFORCEMENT OFFICERS300015414 CACEO MEMBERSHIP DUES 95.00 Total : 95.00
51623 2/11/2022 00686 CALTRANS 22006615 03615 CIP 20-05 GARBANI RD/I-215 INTERCHANGE P 2,519.87 Total : 2,519.87
51624 2/11/2022 01511 CANON FINANCIAL SERVICES, INC 27686766 03380 NOV'21 PRINTER LEASE SERVICES 433.23 03380 354.80DEC'21 PRINTER LEASE SERVICES27830650
03380 422.81DEC'21 PRINTER LEASE SERVICES27830652
03380 354.80JAN'22 PRINTER LEASE SERVICES27980396
03380 405.77JAN'22 PRINTER LEASE SERVICES27980398
03381 153.05JAN'22 PRINTER LEASE SERVICES27980400
Total : 2,124.46
51625 2/11/2022 01725 CITY OF MURRIETA AR048975 DISPATCH SERVICES FOR MENIFEE POLICE DEP 727,848.65 Total : 727,848.65
51626 2/11/2022 01052 CRIME SCENE STERI-CLEAN LLC 42438 PD TRAFFIC ACCIDENT CLEANING SVCS 850.00 7Page:
Item Title: 10.2 Warrant Register
Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
8 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 850.00 51626 2/11/2022 01052 01052 CRIME SCENE STERI-CLEAN LLC 51627 2/11/2022 01444 DASH PLATFORM INV00655929 03646 SERVICE AGREEMENT FOR RECREATION REGISTR 416.66 Total : 416.66
51628 2/11/2022 01132 DFM ASSOCIATES CK REQ 1/26 2022 CALIFORNIA ELECTIONS CODE BOOK 65.25 Total : 65.25
51629 2/11/2022 01178 DIRECTV LLC 004016741X220116 FEB'22 FIRE STATION #7 SATELLITE SVCS 244.48 Total : 244.48
51630 2/11/2022 01555 DMC 17037 01839 PROFESSIONAL SVCS FOR DOCUMENT SCANNING 2,931.29 Total : 2,931.29
51631 2/11/2022 00161 EASTERN MUNICIPAL WATER DIST. 500072807 1/04/21 DEC'21 POLICE HEADQUARTERS WATER SVCS 255.72 126.42DEC'21 POLICE HEADQUARTERS WATER SVCS500072808 1/04/22 219.47JAN'22 AMR CREEK VIEW IRRIGATION WATER S500084766 1/20/22 280.65DEC'21 AMR CREEK VIEW IRRIGATION WATER S500084766 12/17/21 198.83JAN'21 AMR SILVERSTAR IRRIGATION WATER S500085671 1/20/22 402.97DEC'21 AMR SILVERSTAR IRRIGATION WATER S500085671 12/17/21
85.16DEC'21 POLICE HEADQUARTERS WATER SVCS500088856 01/04/22
52.81DEC'21 CSA 145 WATER SVCS500159132 1/4
74.85DEC'21 LLMD ZONE 3 WATER SVCS500160206 1/4
256.90DEC'21 LLMD ZONE 3 WATER SVCS500160208 1/4
882.62DEC'21 CSA 145 WATER SVCS500160209 1/5
252.13DEC'21 LLMD ZONE 3 WATER SVCS500160706 1/5
253.90DEC21 PW MOC WATER SVCS500163451 1/4
87.60DEC'21 LLMD ZONE 3 WATER SVCS500163592 1/5
Total : 3,430.03
51632 2/11/2022 01928 EFAX CORPORATE 3726061 JAN'22 PD VIRUTAL FAX LINES FOR TRAINING 139.50 Total : 139.50
51633 2/11/2022 00024 FEDEX 7-489-18907 SEP'21 EXPRESS DELIVERY SVCS 135.54 227.53JAN'22 EXPRESS DELIVERY SVCS7-622-76103
Total : 363.07
51634 2/11/2022 01142 FRONTIER CALIFORNIA INC. 213-166-6081 1/16/22 JAN'21 WEST ANNEX FIOS SVCS 290.98 8Page:
Item Title: 10.2 Warrant Register
Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
9 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51634 2/11/2022 (Continued)01142 FRONTIER CALIFORNIA INC. 300.98JAN'22 SPIRIT PARK FIOS310-010-9929 1/19/22
990.00JAN'22 PD HEADQUARTES DEDICATED FIBER (E951-197-0579 01/04
66.81FEB'22 SENIOR CENTER FIRE ALARM951-679-8460 1/28/22 371.51JAN'22 CITY HALL ROLLOVER LINES SVC951-679-8527 1/19 Total : 2,020.28
51635 2/11/2022 01187 GAMETIME PJI-0176105 03622 LAZY CREEK PARK BENCHES AND TABLES 35,107.61 Total : 35,107.61
51636 2/11/2022 01969 GARLAND, WALTER CK REQ 1/19 COMM SVCS INSTRUCTOR PAYMENT 651.00 Total : 651.00
51637 2/11/2022 00908 GOSCH AUTO GROUP 2076997CM FLEET MATERIALS & SUPPLIES -58.83 253.94FLEET MATERIALS & SUPPLIES2087315
-54.38PD VEHICLE MAINTENANCE (VEH#20-24)5031839CM
Total : 140.73
51638 2/11/2022 00558 HDL COREN & CONE SIN014410 03303 JAN-MAR'22 CONTRACT PROPERTY TAX SVCS 3,170.00 Total : 3,170.00
51639 2/11/2022 01120 HOLIDAYGOO, INC 18869 EASTER EGGS FOR SPRING FESTIVAL 1,234.97 Total : 1,234.97
51640 2/11/2022 01515 IE GENERAL ENGINEERING 12/31/2021 RETENTION RETENTION RELEASE 25,064.68 Total : 25,064.68
51641 2/11/2022 01043 IMPERIAL SPRINKLER SUPPLY 4916751-00 CFD IRRIGATION SUPPLIES 72.85 320.09AMR IRRIGAITON SUPPLIES4919932-00
256.08SUPPLIES FOR TREE LIGHTING EVENT4921410-00
51.10PARKS SMALL TOOLS/FIELD EQUIPMENT4927313-00
82.93AMR IRRIGAITON SUPPLIES4928749-00
50.74CSA 145 IRRIGAITON SUPPLIES4930442-00
30.71AMR IRRIGAITON SUPPLIES4931057-00
317.16CFD IRRIGATION SUPPLIES4931961-00
382.76AMR FACILITY MAINTENANCE4932833-00
247.93CFD FACILITY MAINTENANCE4932842-00
371.89AMR FACILITY MAINTENANCE4932845-00
9Page:
Item Title: 10.2 Warrant Register
Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
10 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51641 2/11/2022 (Continued)01043 IMPERIAL SPRINKLER SUPPLY
32.40PARKS SMALL TOOLS/FIELD EQUIPMENT4932878-00
114.61PARKS SMALL TOOLS/FIELD EQUIPMENT4937788-00
289.01COMM SVCS ROW IRRIGATION REPAIRS4938910-00
163.65CSA 145 IRRIGAITON SUPPLIES4938924-00
1,437.23COMM SVCS IRRIGATION SUPPLIES4940187-00
1,521.76COMM SVCS IRRIGATION SUPPLIES4940187-01
83.98CSA 145 IRRIGAITON SUPPLIES4943225-00
883.98LLMD ZONE 3 ROW IRRIGATION REPAIRS4943248-00
46.49AMR FACILITY MAINTENANCE4943311-00
46.43PARKS SMALL TOOLS/FIELD EQUIPMENT4950204-00
253.40CSA 145 IRRIGAITON SUPPLIES4951232-00
163.91CSA 145 FACILITY MAINTENANCE4952602-00
36.76COMM SVCS ROW IRRIGATION REPAIRS4954352-00
132.21CSA 145 IRRIGAITON SUPPLIES4957408-00
195.89LLMD ZONE 3 IRRIGATION REPAIRS4958431-00
1.56AMR ROW IRRIGATION REPAIRS4959823-00
1.41AMR IRRIGATION REPAIRS4959823-01
23.31COMM SVCS SUPPLIES4961270-00
83.29CFD IRRIGATION SUPPLIES4962152-00
8.24COMM SVCS FACILITY MAINTENANCE4963686-00
Total : 7,703.76
51642 2/11/2022 01763 KARRER, CHRISTOPHER CK REQ 1/31 PER DIEM FOR CALI CHIEF ASSOCIATION TRAI 414.50 Total : 414.50
51643 2/11/2022 00128 LOWES 901117 -IABKYA COMM SVCS SMALL TOOLS & FIELD EQUIPMENT 97.69 120.71FIRESTATION #5 FACILITY MAINTENANCE901438 -IFGXWM 117.63AMR FACILITY MAINTENANCE901583 -HZQSMK
114.41AMR FACILITY MAINTENANCE901958 -IBOPFX
211.44COMM SVCS SMALL TOOLS & FIELD EQUIPMENT902021 -HZWUCD
92.48FIRESTATION #68 FACILITY MAINTENANCE902147 -IFOIIR 132.20COMM SVCS SUPPLIES909011 -IBJQUD
60.49CITY HALL FACILITY MAINTENANCE909049 -IEMDLC
31.97COMM SVCS SUPPLIES910865 -IEIKKQ
8.23COMM SVCS SMALL TOOLS & FIELD EQUIPMENT919840 -HZWUCH
61.77AMR FACILITY MAINTENANCE920239 -HYFZGZ
10Page:
Item Title: 10.2 Warrant Register
Item Page Number: 11
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
11 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,049.02 51643 2/11/2022 00128 00128 LOWES 51644 2/11/2022 00872 MENIFEE CAR WASH COM-DEC2021 DEC'21 FLEET VEHICLE MAINTENANCE 32.13 Total : 32.13
51645 2/11/2022 01563 MERCHANTS BUILDING MAINTENANCE 653915 03564 JAN'22 JANITORIAL SERVICES 8,138.76 Total : 8,138.76
51646 2/11/2022 00474 JIMMY GOODWYN CK REQ 1/13 REFUND SECURITY DEPOSIT PMT20-00421 4,000.00 Total : 4,000.00
51647 2/11/2022 00474 TRAVON DAIGLE CK REQ 2/1 REFUND FOR BLDG PERMIT PMT21-03154 526.35 Total : 526.35
51648 2/11/2022 00474 SUNRUN INC CK REQ 1/27 REFUND BLDG PERMIT PMT21-04432 214.08 214.08REFUND BLDG PERMIT PMT21-05078CK REQ 1/27
Total : 428.16
51649 2/11/2022 00474 JUAN VARLEA CK REQ 2/18 DEPOSIT REFUND KC SNR CTR 200.00 Total : 200.00
51650 2/11/2022 00474 NAOKO COKER CK REQ 1/20 REFUND FOR CANCELLED ACTIVITY 149.00 Total : 149.00
51651 2/11/2022 00474 GREG LUKE CK REQ 2/3 REFUND FOR CANCELLED ACTIVITY 149.00 Total : 149.00
51652 2/11/2022 00474 CASEY EVANOFF CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 141.90 Total : 141.90
51653 2/11/2022 00474 SARAH LEOS CK REQ 1/20 REFUND FOR CANCELLED ACTIVITY 70.00 Total : 70.00
51654 2/11/2022 00474 SUSAN SHAW CK REQ 1/20 REFUND FOR CANCELLED ACTIVITY 65.00 Total : 65.00
51655 2/11/2022 00474 LINDA ALFEREZ CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 56.73 Total : 56.73
11Page:
Item Title: 10.2 Warrant Register
Item Page Number: 12
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
12 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51656 2/11/2022 00474 KUNTHEA KHIN CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 53.60 Total : 53.60
51657 2/11/2022 00474 CARLA PEREZ CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 53.60 Total : 53.60
51658 2/11/2022 00474 ZHACYI KOVAL CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 23.34
47.30REFUND FOR CANCELLED ACTIVITYCK REQ 1/19
Total : 70.64
51659 2/11/2022 00474 TYLER GALLEHER CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 46.68 Total : 46.68
51660 2/11/2022 00474 VANESSA ARMAS CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 46.68 Total : 46.68
51661 2/11/2022 00474 KIMBERLY RODRIGUEZ CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 35.00 Total : 35.00
51662 2/11/2022 00474 BENZ TEERANITAYATAM CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 35.00 Total : 35.00
51663 2/11/2022 00474 RIXCHEL CRUZ CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 35.00 Total : 35.00
51664 2/11/2022 00474 ASHLEY EBBERTS CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 25.00 Total : 25.00
51665 2/11/2022 00474 SARAH LEOS CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 23.34 Total : 23.34
51666 2/11/2022 00474 SANDRA CONTRERAS CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 21.00 Total : 21.00
51667 2/11/2022 00474 SARAH LEOS CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 17.50 Total : 17.50
51668 2/11/2022 00474 JESSICA JAVIER CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 17.50 12Page:
Item Title: 10.2 Warrant Register
Item Page Number: 13
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
13 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 17.50 51668 2/11/2022 00474 00474 JESSICA JAVIER 51669 2/11/2022 00474 DIANA PEREZ CK REQ 1/19 REFUND FOR CANCELLED ACTIVITY 17.50 Total : 17.50
51670 2/11/2022 01130 O'REILLY AUTO PARTS 4746-251364 FLEET MATERIALS & SUPPLIES -10.86 -10.00COMM SVCS VEHICLE MAINTENANCE4746-266801
86.86FLEET MATERIALS & SUPPLIES4746-283005
402.33FLEET VEHICLE MAINTENANCE4746-284397
Total : 468.33
51671 2/11/2022 01674 PACIFIC ALARM SERVICE R-00341492 03541 FEB'22 FIRE & BURGLAR ALARM MONITORING S 110.00 253.50PD HQ FACILITY MAINTENANCES-01065980
Total : 363.50
51672 2/11/2022 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.505918 POLICE DOC SHREDDING SVCS 55.00
95.00POLICE DOC SHREDDING SVCS505919
95.00CITY HALL DOC SHREDDING SVCS506614
81.00CITY HALL DOC SHREDDING SVCS507737
Total : 326.00
51673 2/11/2022 00373 PITNEY BOWES GLOBAL FIN. SERV. 3105303293 03404 FY21/22 POSTAGE MACHINE LEASE 585.46 Total : 585.46
51674 2/11/2022 02224 POLICE RECORDS AND INFORMATION, MANAGEMENT GROUP, INC.15433 03503 PD: RECORDS ASSESSMENT SERVICES 5,100.00 Total : 5,100.00
51675 2/11/2022 01065 PRUDENTIAL OVERALL SUPPLY 23266400 P/W UNIFORM LAUNDRY SVCS 169.83
35.94FLEET PROFESSIONAL SERVICES23266401
169.83P/W UNIFORM LAUNDRY SVCS23269589
35.94FLEET PROFESSIONAL SERVICES23269590
35.94FLEET PROFESSIONAL SERVICES23272807
35.94FLEET PROFESSIONAL SERVICES23276005
Total : 483.42
51676 2/11/2022 00006 R&R BUSINESS SOLUTIONS 8759 PRINTING SERVICES 323.53 Total : 323.53
13Page:
Item Title: 10.2 Warrant Register
Item Page Number: 14
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
14 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51677 2/11/2022 00301 RIGHTWAY 296643 P/W EQUIPMENT RENTAL 279.51 Total : 279.51
51678 2/11/2022 00500 RIVERSIDE HABITAT CONSERVATION CK REQ 2/1/22 DEC'21 K-RAT FEES 1,325.00 Total : 1,325.00
51679 2/11/2022 01118 S & S WORLDWIDE , INC IN100865410 03506 LAZY CREEK RECREATION CENTER SUPPLIES 823.00 03506 60.01LAZY CREEK RECREATION CENTER SUPPLIESIN100879639 03506 87.38LAZY CREEK RECREATION CENTER SUPPLIESIN100895236 03506 107.50LAZY CREEK RECREATION CENTER SUPPLIESIN100904191 Total : 1,077.89
51680 2/11/2022 01838 SAN DIEGO POLICE EQUIPMENT, COMPANY, INC650226 03507 PD ACTIVE SHOOTER KITS 3,915.19 Total : 3,915.19
51681 2/11/2022 02321 SANDOVAL, JIZELLE CK REQ 11/16 PER DIEM FOR CSMFO CONFERENCE 147.32 Total : 147.32
51682 2/11/2022 02143 SANTA ROSA ACADEMY, INC 0725 SANTA ROSA FACILITY RENTAL 337.50 Total : 337.50
51683 2/11/2022 00803 SCS ENGINEERS 0423110 03318 NOV'21 ON-CALL RECOVERABLE ENGINEERING S 765.00 03318 765.00DEC'21 ON-CALL RECOVERABLE ENGINEERING S0424972 Total : 1,530.00
51684 2/11/2022 01640 SO CAL SHORT LOAD INC 0350 PW MATERIALS & SUPPLIES 825.00 993.75PW MATERIALS & SUPPLIES2001
Total : 1,818.75
51685 2/11/2022 00046 SOUTHERN CALIFORNIA EDISON 700021216873 1/22/22 JAN'21 CSA 145- IRRIGATION SVCS 1,218.32 1,380.78JAN'22 CSA 33 STREET LIGHT SVCS700036971996 1/3 167.31DEC'21 PD SUB STATION ELECTRICAL700145838534 1/28/22 177.15JAN'22 PD SUB STATION ELECTRICAL700145838534 1/28/22 167.31DEC'21 PD SUB STATION ELECTRICAL700145838534 12/29
68.52DEC'21 CFD 2017-1 TOWN CNTR IRRIGATION S700268908801 1/31/22 2,703.83DEC'21 POLICE HQ ELECTRICAL SVCS700271101708 1/12 2,687.02DEC'21 CENTRAL PARK ELECTRIC SVCS700381274106 12/22 2,401.99DEC'21 FIRE STATIONS ELECTRICAL SVCS700449636167 1/27/22 14Page:
Item Title: 10.2 Warrant Register
Item Page Number: 15
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
15 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 51685 2/11/2022 (Continued)00046 SOUTHERN CALIFORNIA EDISON 766.95DEC'21 POLICE HQ ELECTRICAL SVCS700529353801 01/12 13,929.75NOV'21 AUG'21 CITY HALL ELECTRIC SVCS700578241393 12/21 Total : 25,668.93
51686 2/11/2022 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011492618 LEGAL ADVERTISING SVCS 614.25 Total : 614.25
51687 2/11/2022 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE557128 DEC'21 NEW HIRE SCREENING 735.00 Total : 735.00
51688 2/11/2022 00875 STATE WATER RESOURCE CTRL BD SW-0223108 FY 21/22 SWRCB ANNUAL PERMIT FEE 35,333.00 Total : 35,333.00
51689 2/11/2022 01010 STC TRAFFIC, INC. 4985 03322 OCT'21 ON-CALL NON-RECOVERABLE TRAFFIC E 2,296.00 Total : 2,296.00
51690 2/11/2022 00098 THE GAS COMPANY 008 125 8251 8 1/27 JAN'22 CSA 145 GAS SVCS 5.42 462.56JAN'22 FIRE STATION #7 GAS SVCS047 770 7105 3 1/26 148.56JAN'22 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 1/27 496.80JAN'22 NORTH ANNEX GAS SVCS069 025 8387 8 1/27
170.54JAN'22 PW YARD GAS SERVICES071 023 9513 9 1/26
Total : 1,283.88
51691 2/11/2022 00854 THE LLOYD PEST CONTROL CO, INC 7636803 JAN'22 P/W PEST CONTROL SVCS 70.00
75.00JAN'22 CITY HALL PEST CONTROL SVCS7636806
40.00JAN'22 PD PEST CONTROL SVCS7637104
99.00JAN'22 PD PEST CONTROL SVCS7637105
Total : 284.00
51692 2/11/2022 01085 THE SHERWIN-WILLIAMS CO 4714-3 AMR FACILITY MAINTENANCE 78.85 Total : 78.85
51693 2/11/2022 01075 TKE ENGINEERING, INC. 2021-1021 03566 CIP 22-20 SUN CITY COMMUNITY PEDESTRIAN 12,960.00 Total : 12,960.00
51694 2/11/2022 01064 TRI STATE MATERIALS INC 99378 AMR FACILITY MAINT 103.44 15Page:
Item Title: 10.2 Warrant Register
Item Page Number: 16
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
16 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 103.44 51694 2/11/2022 01064 01064 TRI STATE MATERIALS INC 51695 2/11/2022 02233 TRI-STATE HOME IMPROVEMENT'S, INC i1020 03686 HVAC INSTALLATION PUBLIC WORKS MOC 17,319.20 Total : 17,319.20
51696 2/11/2022 00083 TWIN GRAPHICS 2673 03560 UTILITY ART BOX PROGRAM 2,909.25 Total : 2,909.25
51697 2/11/2022 01911 US ARMOR CORPORATION 35604 03672 PD CONCEALABLE VESTS 2,022.90 946.83PD CONCEALABLE VESTS35806
Total : 2,969.73
51698 2/11/2022 00787 WAGEWORKS, INC. INV3369211 JAN'22 FSA MONTHLY PREMIUM 610.00 693.00DEC'21 FSA MONTHLY PREMIUMINV3369773
Total : 1,303.00
51699 2/11/2022 01119 WEST COAST ARBORISTS INC. 177177 03660 EVANS RD TREE PRUNING 7,627.00 Total : 7,627.00
51700 2/11/2022 00270 WEST COAST LIGHTS & SIRENS INC 22072 PD VEHICLE MAINTENANCE 495.44 Total : 495.44
51701 2/11/2022 02051 WORLDPAC INC 39708432 PD VEHICLE MAINTENANCE 55.98 289.63PD VEHICLE MAINTENANCE39828249
46.78P/W VEHICLE MAINTENANCE40105693
5.56PD VEHICLE MAINTENANCE40326264
43.15FLEET MATERIALS & SUPPLIES40326284
Total : 441.10
51702 2/11/2022 02082 OPTIMA RPM, INC 5000450 03099 DEC'21 LAZY CREEK RECREATION CENTER CIP 165,497.54 Total : 165,497.54
Bank total : 2,644,939.49 145 Vouchers for bank code : uboc 2,644,939.49Total vouchers :Vouchers in this report 145 16Page:
Item Title: 10.2 Warrant Register
Item Page Number: 17
Menifee Mayor and City Council March 2, 2022
02/10/2022
Voucher List
City of Menifee
17 3:12:54PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 17Page:
Item Title: 10.2 Warrant Register
Item Page Number: 18
Menifee Mayor and City Council March 2, 2022
Date Paid by: Payee Description Amount
2/4/2022 ACH City Payroll Payroll Period 1/15/2021-1/28/2022 845,909.52 2/4/2022 ACH ICMA Payroll Period 1/15/2021-1/28/2022 42,757.24 TOTAL PAYROLL: 888,666.76$
Date Paid by: Payee Description Amount
2/2/2022 ACH CA Dept of Tax & Fee Administration 2021 Sales & Use Tax Payment 4,681.00 2/2/2022 ACH OpenEdge Credit Card Processing Fees January 2022 15,074.96 2/3/2022 ACH CALPERS - Retirement Payroll Period 12/18/2021-12/31/2021 104,018.50 2/3/2022 ACH CALPERS - Retirement Payroll Period 12/18/2021-12/31/2021 72,495.64 2/3/2022 ACH CALPERS - Unfunded Liability Unfunded Liability FY21/22 384,956.00 2/3/2022 ACH Cardpointe Credit Card Processing Fees January 2022 457.97 2/8/2022 WIRE CSCDA Admin Fees - TRIP Debt 3,000.00
TOTAL OTHER EFT'S: 584,684.07$
TOTAL PAYMENTS: 1,473,350.83$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
March 2, 2022
Item Title: 10.2 Warrant Register
Item Page Number: 19
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds
MEETING DATE: March 2, 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. Accept the fiscal year 2021-2022 Senate Bill (SB) 821 Bicycle and Pedestrian Facilities Program Funds for the Bell Mountain Middle School Pedestrian Project in the amount of $223,105; and
2. Adopt two Budget Amendment Resolutions appropriating $223,105 in revenue and expenditures for the Bell Mountain Middle School Pedestrian Project from the Grant Fund (Fund 301) into accounts designated by the Finance Department, and appropriating $223,105 in expenditures for the project from the DIF Citywide Circulation Fund into accounts designated by the Finance Department; and
3. Authorize the City Manager to execute all necessary agreements and other grant-related documents thereof to receive the SB 821 funds for the approved Project.
DISCUSSION
In February of 2021, the City submitted grant proposals for three projects to the Riverside County Transportation Commission (RCTC) for funding through the SB 821 Bicycle and Pedestrian Facilities Program. The SB 821 fund is a grant program administered by RCTC for funding bicycle and pedestrian related projects. The three City projects submitted to RCTC for funding were:
Sun City Community Pedestrian Project
Lazy Creek Pedestrian Project
Bell Mountain Middle School Pedestrian Project
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
SB 821 Program Fund Acceptance
March 2, 2022
8 6
5 In July 2021, funding was approved for two of the three submitted projects: Sun City Community Pedestrian Project and the Lazy Creek Pedestrian Project. In January 2022, RCTC notified the City of available surplus funding which resulted in the Bell Mountain Middle School Pedestrian Project being included as part of the fiscal year 2021/2022 SB 821 Bicycle and Pedestrian Facilities Program Funded Projects.
The Bell Mountain Middle School Pedestrian Project (“Project“) consisted of reconstructing 15 ADA ramps, installation of truncated domes, and installation of high visibility cross walks at seven different locations along La Piedra Road from Antelope Road to Menifee Road. The Project was identified in the City’s Active Transportation Plan (ATP) as a high priority pedestrian project. The total anticipated cost of construction for the Project is $446,210. The City requested, and was awarded, funding for 50% of the total cost, or $223,105. The remaining 50% of the anticipated Project cost, or $223,105, is required to be funded using local funds as a grant match. The Project is currently listed in the City’s adopted Capital Improvement Plan (CIP) as unfunded.
The SB 821 funds are awarded on a reimbursement basis upon completion of the Project, following submittal of eligible project expenses and completion of reporting requirements. The grant terms under the SB821 program require the City to complete the Project within two years of receiving the funds.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The total anticipated cost for construction of the Bell Mountain Middle School Pedestrian Project is $446,210. With the acceptance of the SB 821 grant funds, the City will provide 50% of the project cost, or $223,105, as a local fund match and receive reimbursement for the remaining cost upon completion of the project. The City has identified available funding in the amount of $223,105 from the DIF Citywide Circulation available unassigned fund balance to support the Project as reflected in attached Budget Adjustment Resolution and shown in Table 1 below.
Table 1 - Identified Funding
Fund Number & Name Project Amount Requested
526- DIF Citywide
Circulation
Bell Mountain Middle School
Pedestrian Project
$223,105
Total $233,105
The Project is listed as ”unfunded“ in the City’s currently adopted CIP. A budget appropriation in the total amount of $446,210 is required from the Grant fund (301) and DIF Citywide Circulation fund (fund 526) as follows:
Table 2 – Budget Appropriation
Fund Number & Name Project Name Amount
301 Grant Fund Bell Mountain Pedestrian Project $223,105 526 DIF Citywide Circulation Bell Mountain Pedestrian Project $223,105 Total $446,210
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
SB 821 Program Fund Acceptance
March 2, 2022
8 6
5 ATTACHMENTS
1. Project Location Map
2. Grant Summary Report – Bell Mountain Project
3. Fund 526 Budget Adjustment Resolution
4. Fund 301 Budget Adjustment Resolution
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\BellMountainPedestrianImprovements\BellMountainPedestrianImprovements.aprx Date: 2/8/2022 Bell Mountain Middle School Pedestrian Project
Project Location Map
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2021/22
03/02/22
SB821- Bicycle and Pedestrian Facilities Project
RCTC
Engineering - CIP
Jennifer Hernandez
N/A
N/A
CalTrans
N/A
7/1/21 - 7/1/24
-
$223,105
Reimbursement
$223,105
-
$446,210
-
301-4555-58143
301-3876
No
N/A
N/A
No
No
Yes
FY22/23, FY23/24
No
✔
7/1/21 - 7/1/24
The Bell Mountain Middle School Pedestrian Project (“Project“) consisted of reconstructing 15 ADA ramps, installation of truncated domes, and installation of high visibility cross walks at seven different locations along La Piedra Road from Antelope Road to Menifee Road.
The claim form is to be used to claim reimbursement for approved SB821 projects. Adequate supporting documentation substantiating the cost of the claim is required. Supporting documentation are: before and after pictures of the project site, copy of notice of completion, and copies of paid invoices from project contractor.
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22 with Resolution No. 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Citywide Circulation Fund 526 Adopted FY 2021/22 Revenue Budget: $2,002,000
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL: $0
Amended Citywide Circulation Fund 526 Fund FY 2021/22 Revenue Budget: $2,002,000 Citywide Circulation Fund 526 Adopted FY 2021/22 Expenditure Budget: $3,440,000
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 6, 2021 FY20/21 Budget Carry-
Overs
526-xxxx-xxxxx $4,023,477.31
December 15, 2021 CIP 21-09: Murrieta Rd
& Sun City Blvd Traffic
Signal Project
526-4555-58107 189,955.60
January 19, 2021 CIP 21-07: Menifee Rd
and La Piedra Rd
Traffic Signal Project
526-4555-58105 138,535
January 19, 2021 CIP 21-10: Murrieta Rd
and Rouse Rd Traffic
Signal Project
526-4555-58108 137,493
March 3, 2022 Bell Mountain Middle
School Pedestrian
Project
526-4555-xxxx 223,105
TOTAL: $4,712,565.91
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
Amending the Fiscal Year 2021/22 Citywide Circulation Fund 526 Budget Bell Mountain Middle School Pedestrian Project
2 4
4 6
3 5
Amended Citywide Circulation Fund 526 FY 2021/22 Expenditure Budget: $8,152,565.91
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Citywide Circulation Fund 526 for the City of Menifee for fiscal year 2021/22 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Citywide Circulation Fund 526 FY 2021/22 Budget $2,002,000 Expenditures:
Bell Mountain Middle School Pedestrian Project $223,105
Amended Citywide Circulation Fund 526 FY 2021/22 Budget $8,152,565.91
PASSED, APPROVED AND ADOPTED this 2nd day of March 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22 with Resolution No. 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund Adopted FY 2021/22 Revenue Budget: $6,606,837
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 7, 2021 FY 20 EMPG – Emergency
Management Performance
Grant
301-3829 $21,654
July 21, 2021 (SB821) CIP 22-20: Sun City
Community Project
301-3872 183,886
July 21, 2021 (SB821) CIP 22-21: Lazy
Creek Pedestrian Project
301-3873 88,380.50
July 21, 2021 Local Roadway Safety Plan
Grant
301-3874 90,000
August 4, 2021 PLHA Grant Program 301-3743 251,604
September 15, 2021 Clean Air Microgrant 301-3744 500
September 15, 2021 2020 SHSP Grant 301-3833 12,946
October 6, 2021 Justice Assistance Grant
(JAG)
301-3745 9,535
October 6, 2021 Various Grants 301-XXXX 2,012,670.47
October 20, 2021 OTS (STEP) Grant 301-3865 80,000
October 20, 2021 Bulletproof Grant 301-3863 1,809.46
November 17, 2021 Community Policing Dvlpmnt
(CPD) Grant
301-3746 97,500
March 3, 2022 SB821: Bell Mountain
Middle School Pedestrian
Project
301-xxx 223,105
TOTAL: $3,073,590.43
Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
Amending the Fiscal Year 2021/22 Grant Fund Budget
SB821: Bell Mountain Pedestrian Project
2 4
4 6
3 6
Amended Grant Fund FY 2021/22 Revenue Budget: $9,680,427.43 Grant Fund Adopted FY 2021/22 Expenditure Budget: $3,616,644
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 7, 2021 FY 20 EMPG –
Emergency
Management
Performance Grant
301-4114-52427 $21,654
July 21, 2021 CIP 22-20: Sun City
Community Project
301-4555-58137 183,886
July 21, 2021 CIP 22-21: Lazy Creek
Pedestrian Project
301-4555-58138 88,380.50
July 21, 2021 Local Roadway Safety
Plan Grant
301-4555-58139 90,000
August 4, 2021 PLHA Grant Program 301-4330-52843 251,604 September 15, 2021 Menifee PD: Micro
UVC Disinfecting
Robots
301-4221-52216 9,998.61
September 15, 2021 Clean Air Microgrant 301-4661-52844 500 September 15, 2021 2020 SHSP Grant 301-4221-52421 12,946 October 6, 2021 Justice Assistance
Grant (JAG)
301-4911-52845 9,535
October 6, 2021 Various Expenditures:
Grant Fund
301-XXXX-XXXXX 1,580,949.70
October 20, 2021 OTS (STEP) Grant 301-4911-52426 80,000 October 20, 2021 Bulletproof Grant 301-4911-52834 1,809.46 November 17, 2021 Community Policing
Dvlpmnt (CPD) Grant
301-4911-52847 97,500
December 15, 2021 ARP: Smart Cities &
Broadband Master Plan
301-4221-52216 162,050
March 2, 2022 SB821: Bell Mountain
Pedestrian Project
301-4555-xxxxx 223,105
TOTAL: $2,813,918.27
Amended Grant Fund FY 2021/22 Expenditure Budget: $6,430,562.27 Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
Amending the Fiscal Year 2021/22 Grant Fund Budget
SB821: Bell Mountain Pedestrian Project
3 4
4 6
3 6
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund for the City of Menifee for fiscal year 2021/22 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
SB821: Bell Mountain Pedestrian Project $223,105 Amended Grant Fund FY 2021/22 Budget $9,680,427.43 Expenditures:
SB821: Bell Mountain Pedestrian Project $223,105
Amended Grant Fund FY 2021/22 Budget $6,430,562.27 PASSED, APPROVED AND ADOPTED this 2nd day of March 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.4
Acceptance of Fiscal Year 2021/2022 Senate Bill 821 Program Funds Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Romoland Grid Resurfacing Agreements
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Kevin Bohne, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. to conduct comprehensive materials testing services for Romoland Grid Resurfacing - South Project, Capital Improvement Project No. CIP22-23, in the amount not- to-exceed of $45,020; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with KOA for design services for the project in the amount not-to-exceed of $33,910.
DISCUSSION
The Romoland Grid Resurfacing - South Project consists of resurfacing the existing roadway by grind and overlay, restriping where appropriate, and replacement of non-compliant pedestrian ramps. The project is located in the Romoland neighborhood located south of Highway 74 and east of Sherman Road. The project was identified as a priority one project in the City’s five-year Capital Improvement Program.
On January 25, 2022, staff solicited quotes through a Request for Proposals/Quotations (RFQ) for materials testing services from the list of firms previously approved by the City. The requested materials testing services included geotechnical observation and testing during construction, plant inspection, and other activities typical of geotechnical support. The three firms selected to receive the solicitation were:
Leighton Consulting, Inc.
Geocon West, Inc.
Inland Foundation Engineers
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
CIP 22-23 Award
March 2, 2022
8 8
0 The City received responses from two firms as of the submittal deadline which are summarized in Table 1 below.
Table 1- Materials Testing Quotes
Firm Name Fee Proposal
Geocon $45,020.00
Leighton Consulting, Inc. $46,049.00
Inland Foundation Engineers Unresponsive
After a thorough review of Geocon’s proposal and fee of $45,020, it was determined that Geocon met all qualifications to conduct the requested materials testing services for the project.
Staff also solicited quotes for design services on January 25, 2022 through a separate RFQ process. The requested design services included preparation of Plans, Specifications, and Estimates (PS&E), necessary field surveys, final and complete construction bid documents, and preparation of as-built drawings. The three firms selected to receive the solicitation were:
KOA
Kimley-Horn
CivilPros
Table 2 summarizes the fee proposals received by the three firms.
Table 2- Design Quotes
Firm Name Fee Proposal
KOA $33,910.00
Kimley-Horn $40,720.00
CivilPros $43,047.50
After review of the proposed scope and fees, staff determined KOA met the qualifications to conduct the requested design services.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The total anticipated cost for professional services for the Romoland Grid Resurfacing - South Project is $78,930. The item is currently budgeted within this fiscal year and summarized in Table 3 on the following page.
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
CIP 22-23 Award
March 2, 2022
8 8
0 Table 3- Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Measure DD Romoland Grid
Resurfacing
105-4555-58141 $184,117 $78,930
Total $184,117 $78,930
ATTACHMENTS
1. Project Location Map
2. Agreement with Geocon
3. Agreement with KOA
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630376.2 a01/03/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) (MATERIAL TESTING)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GEOCON WEST, INC, a S Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 2, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630376.2 a01/03/22 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FORTY FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS ($45,020.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees 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 Item Title: 10.5 Romoland Grid Resurfacing Agreements
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required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and Item Title: 10.5 Romoland Grid Resurfacing Agreements
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damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.5 Romoland Grid Resurfacing Agreements
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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 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) (MATERIAL TESTING). 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.
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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: 10.5 Romoland Grid Resurfacing Agreements
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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: 10.5 Romoland Grid Resurfacing Agreements
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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.
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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;
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
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9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Lisa A. Battiato, CEG, Sr. Geologist/Regional Manager (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Haile Ford, Sr. 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:
GEOCON WEST, INC
Attn: Lisa A. Battiato, CEG, Sr. Geologist/Regional Manager 6960 Flanders Drive
San Diego, CA 92121
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Haile Ford, Sr. 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: 10.5 Romoland Grid Resurfacing Agreements
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
William Lydon, CFO
Joseph Vettel, CEO
[Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Material Testing for CIP 22-23: Romoland Grid Resurfacing – South Project in the amount not to exceed FORTY FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS ($45,020.00) as further detailed in the following page(s).
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KOA CORPORATION, a California S- Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 2, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THIRTY THREE THOUSAND NINE HUNDRED TEN DOLLARS AND ZERO CENTS ($33,910.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees Item Title: 10.5 Romoland Grid Resurfacing Agreements
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection Item Title: 10.5 Romoland Grid Resurfacing Agreements
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.5 Romoland Grid Resurfacing Agreements
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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 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")). 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.
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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: 10.5 Romoland Grid Resurfacing Agreements
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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: 10.5 Romoland Grid Resurfacing Agreements
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 40
Menifee Mayor and City Council March 2, 2022
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 41
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 42
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 43
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Haile Ford, Senior Engineer, CIP and NPDES (“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: Haile Ford, Senior Engineer, CIP and NPDES
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: 10.5 Romoland Grid Resurfacing Agreements
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 45
Menifee Mayor and City Council March 2, 2022
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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: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 46
Menifee Mayor and City Council March 2, 2022
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Professional Plans, Specifications, and Estimate (“PS&E”) for CIP 22-23 Romoland Grid Resurfacing – South Project in the amount not to exceed THIRTY THREE THOUSAND NINE HUNDRED TEN DOLLARS AND ZERO CENTS ($33,910.00) as further detailed in the following page(s).
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 47
Menifee Mayor and City Council March 2, 2022
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 48
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 49
Menifee Mayor and City Council March 2, 2022
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 50
Menifee Mayor and City Council March 2, 2022
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 51
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 52
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 53
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7630376.2 a01/03/22 EXHIBIT A. -9-
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 54
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -10-
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 55
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -11-
Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 56
Menifee Mayor and City Council March 2, 2022
2671/031858-0001
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Item Title: 10.5 Romoland Grid Resurfacing Agreements
Item Page Number: 57
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance
MEETING DATE: March 2, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for the Rancho LaVita Community Resurfacing Project, located north of McCall Boulevard between Sherman Road and Chatham Lane; and
2. Authorize the City Clerk’s Office to file the Notice of Completion for the Rancho LaVita Community Resurfacing Project, Capital Improvement Project No. CIP21-16, with the Riverside County Recorder’s Office.
DISCUSSION
The Rancho LaVita Community Resurfacing Project consisted of resurfacing of existing roadway, restriping, and the removal and replacement of non-compliant curb ramps in the Rancho LaVita residential community located north of McCall Boulevard between Sherman Road and Chatham Lane.
On August 18, 2021, the City Council approved a construction budget of $902,341.22. The final construction cost for the project was $813,974.
There were two contract change orders (CCOs) for the project as shown in the attached Contract Change Order Summary and outlined in Table 1 on the following page.
Upon completion of construction and receipt of the final invoice, it is common practice to reconcile actual bid item costs against the estimated bid item amounts in the agreement and true-up actual project costs in a final change order. By accepting the final change order the contractor relinquishes any claims against any unused contract balance and agrees to the actual quantities charged rather than the estimated quantities listed prior to construction. CCO No. 2 is the result Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
CIP 21-16 Acceptance
March 2, 2022
8 8
1 of a final change order and reflects the reconciliation for the reduction in actual quantities charged verses the originally estimated quantities in the contract.
Table 1- Change Orders
CCO # Description Total Cost
1 Bid items 8, 10, 12, 14, 20, 27, 13, and 24 exceeded original estimated quantities
$27,161.60
2 Final Change Order, reduced bid items to actual quantities for Item No. 7, 11, 15, 16, 18, 23, and 9
($35,592.95)
Total ($8,431.35)
Filing a Notice of Completion (NOC) protects the City from future claims against the project by providing proper notification to each contractor, subcontractor, and material supplier that the project has been completed. The payment bond (Labor and Materials Bond) and performance bond will be released 30 days following the date of the NOC recordation, provided no stop notices are filed preventing said releases.
Public Works and Engineering staff have inspected the materials supplied, quality of the materials, construction methods, and workmanship, and have determined the improvements and related work performed by the contractor, Copp Contracting, Inc., have met the project requirements as specified in the contract documents.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Close Out Documents
4. Contract Change Order Summary
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\RanchoLaVitaResurfacing\RanchoLaVitaResurfacing.aprx Date: 2/8/2022 Rancho LaVita Resurfacing (CIP 21-16)
Project Location Map
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
RANCHO LAVITA RESURFACING, CIP 21-16
Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on March 2, 2022. The project improvements consist of resurfacing the existing road by doing a grind and overlay. The road will be re-striped where appropriate. The existing non-compliant accessible curb ramps will be removed and replaced with compliant accessible curb ramps. The project was done in the city right-of-way in the residential neighborhood of Premier and Menifee Lakes in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREET IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
Copp Contracting Inc.
6751 Stanton Ave
Buena Park, CA 90621
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah A. Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Sarah A. Manwaring, City Clerk
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 4
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 5
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 6
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 7
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 8
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 9
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 10
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 11
Menifee Mayor and City Council March 2, 2022
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 12
Menifee Mayor and City Council March 2, 2022
Contract Change Order Summary
Rancho LaVita Community Resurfacing Project
(CIP 21-16)
CCO # Amount % Additional
Time
Date
Approved
1 27,161.60$ 3% 0 1/5/2022
2 (35,592.95)$ -4% 0 2/8/2022
$799,364.75
($8,431.35)
$790,933.40Revised Contract Amount:
Original Contract Amount:
(8,431.35)$
Description
Updated bid items 8,10,12,14,20, and 27 to reflect
actual quantities used, bid items exceeded estimated
quantities listed in the contract.
Final Change order reconciling bid items 7, 11, 15, 16, 18, 23, and 9 to reflect actual bid item quantities
charged being under the esti mated bid quantities in the contract.
-1% 0Totals
Total Change Order Amount:
Item Title: 10.6
Rancho LaVita Community Resurfacing Project Notice of Completion and Acceptance Item Page Number: 13
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: Vehicle Leases for Menifee Police Department and Code Enforcement
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing Enterprise Lease to include two vehicles in the not-to-exceed amount of $1,700 per month plus a one-time fee of $325 per vehicle for license and delivery fees for a fiscal year 2021-22 total of approximately $7,000 for the Police Department and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Police Department; and
2. Approve and authorize the City Manager to trade in three existing Code Enforcement vehicles and lease four vehicles in the not-to-exceed amount of $1,800 per month plus a one-time fee of $1,312.50 per vehicle for license and delivery fees and a fiscal year 2021-22 total of approximately $11,500 and subsequently execute the Vehicle Lease Agreement with Enterprise Fleet Management to secure vehicles for the use by the Code Enforcement Department; and
3. Approved and authorize the City Manager to sign replacement vehicle quotes if the vehicles become unavailable, in amounts not to exceed the $1,700 per month for the Police Department and $1,800 per month for the Code Enforcement Department (as indicated in action items 1 and 2); and
4. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618-EFM, thereby exempting the purchase under the competitive bidding process.
DISCUSSION
In conjunction with the addition of Detectives to the unit in the Menifee Police Department (PD), and the need to replace older vehicles for Code Enforcement, PD will need to secure two Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
Enterprise Lease Update
March 2, 2022
8 5
3 additional vehicles for daily field work. The Detective Bureau currently utilizes a variety of vehicles, and Code Enforcement is equipped with seven- to nine-year-old Toyota Highlanders which would be replaced with four Ford Explorers. The Department has opted to procure the vehicles by leases through Enterprise Fleet Management. Enterprise is able to offer competitive governmental pricing based on Sourcewell Contract No. 060618-EFM.
Impacted by the global shortage on and high demand of vehicles, the six specific vehicles differ from the current department standard. At this time, Enterprise has identified these vehicles as being similarly priced and comparable to the features required for the departments. Unfortunately, due to the limited stock of vehicles, the vehicles may no longer be available following City Council approval.
Signed quotes must be received by Enterprise in order to secure the corresponding vehicles with the car dealerships. Therefore, staff is requesting authorization for the City Manager to sign the current quotes for one Ford Maverick truck for $602.04 per month, and one Ford Edge for $861.65 per month, and four Ford Explorers for $380.82 per month. However, given the shortage of vehicles, and the possibility of these vehicles also not being available, and given the slight fluctuation of specific vehicle unit pricing, staff is requesting the City Manager be authorized to sign replacement quotes for the two vehicles with equivalent vehicle and pricing of up to $1,700 per month total for PD, and $1,800 per month for Code. The two new quotes included in this staff report are provided for reference, but no guarantees can be made that these specific units will be available at the time of approval.
If approved, the not to-exceed amount of $1,500 per month (inclusive of routine maintenance) is the cost for the two vehicles for PD, and not-to-exceed amount of $1,550 per month (inclusive of routine maintenance) is the cost for Code Enforcement.
In the case that the quoted vehicles are not available, and a substitute must be found the maximum monthly cost for each PD vehicle will be $1,700 per month, and the maximum monthly cost for the Code Enforcement vehicles will be $1,800 per month. At the end of the 60-month term, the City has the option to either purchase the vehicle, or enter into a new lease agreement, with the residual value of the vehicles applied as a credit against the new lease, as done in previous years.
The value of the three Code Enforcement vehicles that will be traded in would go towards the lease cost for the four new vehicles. The guaranteed amount for the trade in vehicles is at least $60,000. This credit will be evenly distributed over the four new leases.
The City of Menifee is a current member of Sourcewell, which holds hundreds of competitively bid cooperative contracts combining the buying power of 50,000 government, education, and nonprofit organizations. Using Sourcewell to obtain the already competitively bid quote from Enterprise Fleet Management, the City is able to save time and money through this “piggyback” process. Due to the Sourcewell piggyback, the recommended lease with Enterprise Fleet Management, Inc. has already met competitive bid standards as a cooperative purchase agreement, allowed under the Menifee Municipal Code 3.12.070. The City will benefit from the reduced administrative costs and lower pricing. Specifically, this purchase is made under the Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
Enterprise Lease Update
March 2, 2022
8 5
3 existing Contract No. 060618-EFM.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The five-year fiscal impact of the proposed lease for the two vehicles for PD will not exceed $89,000 including municipal discounts and government contract pricing. The fiscal impact for fiscal year 2021/22 would be approximately $7,000 and would be allocated in account no. 100- 4911-52502 and future years would be funded in the corresponding fiscal year’s budget.
The five-year fiscal impact of the proposed lease for the four vehicles for Code Enforcement would not exceed $97,000 including municipal discounts and government contract pricing. The fiscal impact for fiscal year 2021/22 would be approximately $11,500 and would be allocated in account no. 100-4332-52502 and future years would be funded in the corresponding fiscal year’s budget.
A budget transfer from account no. 100-4332-50100 (salary savings) to account no. 100-4332- 52502 in the amount of $11,500 is needed.
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Quote for Lease Proposal Ford Maverick
2. Quote for Lease Proposal Ford Edge
3. Quote for Lease Proposal Ford Explorers
4. Sourcewell Contract No. 060618-EFM
Item Title: 10.7
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Menifee Mayor and City Council March 2, 2022
Item Title: 10.7
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Menifee Mayor and City Council March 2, 2022
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Open-End (Equity) Lease Proposal Date: 02/01/2022
Prepared For: City of Menifee (343096) Proposal Summary Proposal #: P468581 Prepared For: Yun, Allen Quantity: 4
Driver Information Base Lease Payment Initial Charges Billed upon Delivery Quote Driver ST Use Tax Rate
Expected
Annual
Mileage
Capitalized
Amount
(Delivered
Price per
Vehicle)
Lease
Term
Depr
Rate
Depr
Amount
Lease
Charge1
Monthly
Use Tax
Full
Maint
Program2
Additional
Services3
Total Monthly
Payment inc.
Tax and Addl
Services
Book Value at
Term
Initial
Charges4
License,
Registration,
Certain Other
Charges and Tax
Total Initial
Charges Billed
upon Delivery
2022 Ford Explorer Base 4dr 4x4 - US (0 P) Oxford White / (0 I) Sandstone w/Cloth Captain's Chairs 6204490 CA 8.7500% 10,000 $17,185.00 60 1.3500% $232.00 $75.61 $26.92 $46.29 $380.82 $3,265.00 $0.00 $1,312.50 $1,312.50 6204494 CA 8.7500% 10,000 $17,185.00 60 1.3500% $232.00 $75.61 $26.92 $46.29 $380.82 $3,265.00 $0.00 $1,312.50 $1,312.50 6204496 CA 8.7500% 10,000 $17,185.00 60 1.3500% $232.00 $75.61 $26.92 $46.29 $380.82 $3,265.00 $0.00 $1,312.50 $1,312.50 6204498 CA 8.7500% 10,000 $17,185.00 60 1.3500% $232.00 $75.61 $26.92 $46.29 $380.82 $3,265.00 $0.00 $1,312.50 $1,312.50 Total Monthly Payment for 4 vehicles: $1,523.28 Total Initial Charges for 4 vehicles: $5,250.00 1Monthly Lease Charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor) 2See the following pages for details of Full Maintenance Service 3Additional Services may include Commercial Automotive Liability Enrollment or Physical Damage Management 4Excludes License, Registration, Certain Charges, and Tax Current market and vehicle conditions may also affect value of vehicles.
Proposal is subject to Customer's Credit Approval.
Enterprise FM Trust will be the owner of the vehicles covered by this Proposal. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicles under the Master Open-End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open-End (Equity) Lease Agreement with respect to such vehicles.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicles on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicles. Lessee certifies that it intends that more than 50% of the use of the vehicles is to be in a trade or business of the Lessee.
Lessee: City of Menifee
%signature1 %date1
Signature Title Date
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Item Title: 10.7 Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 18
Menifee Mayor and City Council March 2, 2022 Page 131 of 493
Open-End (Equity) Lease Proposal Date: 02/01/2022
Prepared For: City of Menifee (343096) Capitalized Amount Calculations Proposal #: P468581 Prepared For: Yun, Allen Quantity: 4
Quote
Capitalized Prices/
Billed on Delivery
Capitalized Price
of Vehicle1
Certain
Other
Charges
Initial
License &
Registration
Fee
Capitalized
Price
Reduction
Certain Other
Charges on
CPR
Gain
Applied
from Prior
Unit
Certain Other
Charges on
GOP
Tax on
Incentives
Aftermarket
Equipment
Courtesy
Delivery /
Dealer
Prep Fee
Delivery
Charge
Other
Costs Total
2022 Ford Explorer Base 4dr 4x4 - US (0 P) Oxford White / (0 I) Sandstone w/Cloth Captain's Chairs 6204490
Capitalized Price $31,860.00 $0.00 ($15,000.00) $0.00 $200.00 $125.00 $0.00 $17,185.00 Billed on Delivery $0.00 $0.00 $1,312.50 $0.00 $0.00 $0.00 $0.00 $0.00 $1,312.50 6204494
Capitalized Price $31,860.00 $0.00 $0.00 ($15,000.00) $0.00 $200.00 $125.00 $0.00 $17,185.00 Billed on Delivery $0.00 $0.00 $0.00 $0.00 $1,312.50 $0.00 $0.00 $0.00 $0.00 $0.00 $1,312.50 6204496
Capitalized Price $31,860.00 $0.00 $0.00 ($15,000.00) $0.00 $200.00 $125.00 $0.00 $17,185.00 Billed on Delivery $0.00 $0.00 $0.00 $0.00 $1,312.50 $0.00 $0.00 $0.00 $0.00 $0.00 $1,312.50 6204498
Capitalized Price $31,860.00 $0.00 ($15,000.00) $0.00 $200.00 $125.00 $0.00 $17,185.00 Billed on Delivery $0.00 $0.00 $1,312.50 $0.00 $0.00 $0.00 $0.00 $0.00 $1,312.50 ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. 1Capitalized price of vehicles may be adjusted to reflect final manufacturer’s invoice. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicles.
All language and acknowledgments contained in the signed proposal apply to all vehicles listed on the ‘Equity Lease Proposal Summary’ page of this document. In addition, you may incur additional fees required to register and operate these vehicles in accordance with various state, county, and city titling, registration, and tax laws.
%intial1
Initials
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Item Title: 10.7 Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 19
Menifee Mayor and City Council March 2, 2022 Page 132 of 493
Open-End (Equity) Lease Proposal Date: 02/01/2022
Prepared For: City of Menifee (343096) Additional Services Details Proposal #: P468581 Prepared For: Yun, Allen Quantity: 4
Driver Information
Commercial Automobile
Liability Enrollment Physical Damage Management Full Maintenance Program1 Quote Driver Liability Limit Comprehensive Deductible Collision Deductible Term Total Contract
Miles
Overmileage
Charge Brake Sets Tires
2022 Ford Explorer Base 4dr 4x4 - US (0 P) Oxford White / (0 I) Sandstone w/Cloth Captain's Chairs 6204490 60 50,000 $0.0000 0 0
6204494 60 50,000 $0.0000 0 0
6204496 60 50,000 $0.0000 0 0
6204498 60 50,000 $0.0000 0 0
1The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of the Lessee. Notwithstanding the inclusion of such references in this Invoice/Schedule/Quote, all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate Maintenance Agreement entered into by and between Lessee and Enterprise Fleet Management, Inc., provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. %intial1
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Item Title: 10.7 Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 20
Menifee Mayor and City Council March 2, 2022 Page 133 of 493
VEHICLE INFORMATION:
2022 Ford Explorer Base 4dr 4x4 - US
Series ID: K8B
SELECTED COLOR:
SELECTED OPTIONS:
Quantity: 4
Pricing Summary:
INVOICE MSRP
Base Vehicle $ 34,188.00 $ 35,245.00
Total Options $ 512.00 $ 545.00
Destination Charge $ 1,295.00 $ 1,295.00
Total Price $ 35,995.00 $ 37,085.00
Exterior: YZ - (0 P) Oxford White
Interior: 7N - (0 I) Sandstone w/Cloth Captain's Chairs
CODE DESCRIPTION INVOICE MSRP
100A Equipment Group 100A NC NC
119WB 119.1" Wheelbase STD STD
153 Front License Plate Bracket NC NC
425 50 State Emissions System STD STD
44T Transmission: 10-Speed Automatic Included Included
52T Class IV Trailer Tow Package $ 512.00 $ 545.00
7 Cloth Captain's Chairs Included Included
7N_01 (0 I) Sandstone w/Cloth Captain's Chairs NC NC
99H Engine: 2.3L EcoBoost I-4 Included Included
CONECT FordPass Connect Included Included
PAINT Monotone Paint Application STD STD
STDAX 3.58 Non-Limited-Slip Rear Axle Ratio Included Included STDGV GVWR: 6,160 lbs Included Included
STDRD Radio: AM/FM Stereo Included Included
STDTR Tires: P255/65R18 AS BSW Included Included
STDWL Wheels: 18" 5-Spoke Silver-Painted Aluminum Included Included SYNC SYNC 3 Communications & Entertainment System Included Included YZ_02 (0 P) Oxford White NC NC
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Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 21
Menifee Mayor and City Council March 2, 2022
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Spoiler: rear lip spoiler
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material : class IV trailering with harness, hitch
Body Side Cladding: black bodyside cladding
Grille: black grille
Convenience Features:
Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls Voice Activated A/C: voice activated air conditioning
Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Trunk FOB Controls: keyfob trunk/hatch/door release
Remote Engine Start: remote engine start - smart device only Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 5 12V DC power outlets
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps Auto-Dimming Headlights: Ford Co-Pilot360 - Auto High Beam auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
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Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 22
Menifee Mayor and City Council March 2, 2022
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: Reverse Sensing System rear parking sensors Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: pedestrian detection
Following Distance Indicator: following distance alert Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Oil Level Gauge: oil level gauge
Clock: in-radio display clock
Systems Monitor: systems monitor
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st, 2nd and 3rd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: SecuriLock immobilizer
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: Terrain Management System ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
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Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 23
Menifee Mayor and City Council March 2, 2022
Seats And Trim:
Seating Capacity max. seating capacity of 7
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 35-30-35 split-bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat fold-forward seatback 3rd Row Seat Type: fixed third row 50-50 bench seat
3rd Row Electric Control: fold into floor third row seat Leather Upholstery: cloth front and rear seat upholstery Door Trim Insert: cloth door panel trim
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look/piano black instrument panel insert, door panel insert, console insert Floor Mats: carpet front and rear floor mats
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:
Engine 300-hp, 2.3-liter I-4 (premium)
Standard Transmission:
Transmission 10-speed automatic w/ OD
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Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 24
Menifee Mayor and City Council March 2, 2022
Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 25
Menifee Mayor and City Council March 2, 2022
Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 26
Menifee Mayor and City Council March 2, 2022
Item Title: 10.7
Vehicle Leases for Menifee Police Department and Code Enforcement Item Page Number: 27
Menifee Mayor and City Council March 2, 2022
CITY OF MENIFEE
SUBJECT: On-Call Engineering and Inspection Services Agreement Amendments
MEETING DATE: March 2, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
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 Professional Services Agreement with CG Resource Management and Engineering, Inc. for stormwater management program services; and
2. Approve and authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement with JLC Engineering and Consulting, Inc., for on-call engineering services; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Pettit for on-call engineering services; and
4. Approve and authorize the City Manager to execute Amendment No. 3 with D.R. Bechter for contract inspection services.
DISCUSSION
The Public Works Land Development Division is responsible for processing and approving developer submittals for private residential, commercial, and industrial developments. Processing submittals often requires multiple plan checks to be performed to comprehensively review all aspects of a project’s proposed onsite and offsite improvements. The City currently contracts with various firms to provide professional plan checking services as needed for review of items that require specialized technical expertise and to supplement staff resources to perform work in a timely manner. The City has seen unprecedented growth with many large development projects currently in the post-entitlement phase. As such the demand for timely processing of all development plan elements continues to exceed the current staffing levels.
Public Works and Engineering staff recently reevaluated all on-call engineering service contracts as part of the mid-year review process. Through this process, staff discussed strategies for maintaining responsiveness and flexibility in providing service to the development community.
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 1
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
Agreement Amendments, On-Call Engineering and Inspection Services March 2, 2022
8 8
5 While the department continues to move forward with recruitments to fill vacancies in the Land Development Division, the need for additional contract plan check services to supplement staff and provide specialized engineering and inspection services, remains high. To maintain and improve plan check and project inspection turnaround times, amendments to four existing Professional Services Agreements are proposed as described below.
CG Resource Management and Engineering (CGRME)
CGRME is currently contracted with the City to provide specialized on-call plan check services for drainage and stormwater related reviews. In November 2021, CGRME’s agreement was increased from $10,000 to $20,000 to meet service needs through mid-year. In the past few months, the full amount of CGRME’s agreement has been committed for multiple project water quality reviews. An increase of $40,000, for an agreement not-to-exceed amount of $60,000, is being requested to support development storm water plan review needs expected through the end of fiscal year 2021/2022.
JLC Engineering and Consulting, Inc. (JLC)
JLC is currently contracted with the City to provide specialized on-call plan check services for review of hydrology studies and storm water related environmental reports. In November 2021, JLC’s agreement was increased from $30,000 to $60,000 to meet demand for services expected through mid-year. As of February, the project tasks assigned to JLC have approached the agreement limits. With several large development projects in the post-entitlement stage, the capacity to contract additional project reviews with JLC is limited. The attached Amendment No. 2 to JLC’s agreement would increase the contract amount by an additional $40,000 for a not-to- exceed amount of $100,000 and provide additional capacity to contract for hydrology reviews as development projects continue to move forward.
Pettit
Pettit is currently contracted with the City to provide plan check review for onsite and offsite improvement plans as needed to assist limited City staff resources with the review of large and multiphase project plans, such as the Legado Development. Pettit’s initial agreement was established in a not-to-exceed amount of $75,000. Like the contracts above, this amount has been fully committed to project work and additional services will be needed within the current fiscal year. Amendment No. 1 to the Professional Services Agreement with Pettit would increase the contract not-to-exceed amount from $75,000 to $125,000; an increase of $50,000.
D.R. Bechter
In fiscal year 2020/21 the City Council approved a Professional Services Agreement with DR.
Bechter to provide on-call construction inspection services. On June 16, 2021, Amendment No. 1 to that agreement was approved, extending the services through fiscal year 2021/22 to supplement staff and support development and encroachment permit inspections while recruitments were active to fill inspector vacancies. In December 2021, the City Council approved Amendment No. 2, increasing the agreement amount for D.R. Bechter to continue to provide services while assisting in the transition of inspection work to new in-house staff. D.R. Bechter also began providing nightwork inspection oversight for several utility projects in the City.
There continue to be a number of large utility and development projects anticipated to perform offsite and utility work at night in order to minimize impacts to traffic and increase the safety by working outside of peak traffic times. The proposed Amendment No. 3 with D.R. Bechter would Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 2
Menifee Mayor and City Council March 2, 2022
City of Menifee Staff Report
Agreement Amendments, On-Call Engineering and Inspection Services March 2, 2022
8 8
5 keep in-house staff resources focused on inspection tasks during normal working hours while on- call services support inspection of night work being performed. Amendment No. 3 will increase the current contract amount of $388,000 by $60,000 for a total contract not-to-exceed amount of $448,000. This amount represents the agreement’s collective compensation amounts from both fiscal year 2020/21 and 2021/22. All costs associated with contract inspection services are recoverable and supported by pre-paid developer deposits.
While the City has been actively recruiting to fill positions, the volume of project submissions and demand for development plan reviews has continued to increase beyond the capacity of existing Land Development staff resources. Amending the agreements above will ensure that staff is able to meet or exceed the plan check and inspection timelines, meeting the responsive customer service commitments we have made to remain a development friendly community.
In addition to requesting the agreement amendments above, staff has administratively reduced a total of $130,000 from the compensation amounts on several on-call contracts in which the services were not required at the levels originally planned. These agreement reductions will assist in offsetting amounts for the agreement increases requested. It is important to note that all costs associated with the on-call agreements amendments referenced above are recoverable and supported by developer deposits.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
Funding required for the proposed amendments in the collective amount of $190,000 is available from existing, unencumbered operating budgets approved for fiscal year 2021/22 in account no. 100-4552-52825. Administrative reductions to existing unused contract amounts ($130,000) and salary savings from long-term vacancies through the mid-year point ($60,000) will fully offset the cost of the proposed professional agreement increases.
ATTACHMENTS
1. Original Agreement with CGRME
2. Amendment No.1 - CGRME
3. Amendment No. 2 - CGRME
4. Original Agreement with JLC
5. Amendment No.1 - JLC
6. Amendment No. 2 - JLC
7. Original Agreement with Pettit
8. Amendment No.1 - Pettit
9. Original Agreement with D.R. Bechter
10. Amendment No.1 - D.R. Bechter
11. Amendment No. 2 - D.R. Bechter
12. Amendment No. 3 - D.R. Bechter
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 3
Menifee Mayor and City Council March 2, 2022
Docusign Envelope lD: 8208821 B-19F9-4E l C-A966,74669188E081
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY 2O2II22 ON.CALL STORMWATER MANAGEMENT
PROGRAM SERVICES (RECOVERABLE)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective this 16th day ol lune ,2021 ("Effective Date") by and between the CITY OF MENIFEE, a Califomia municipal corporation, ("City") and C RE R f, MANAGEMENT & ENGINEERING a A Califomia Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party'' and collectively as the "Parties." ST,CTION I. SERVICES.
Subject to the terms and conditions set lorth in this Agreement, Consultant shall provide to City the services described in the Scope ofServices, 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 evenl of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term olServices. The term of this Agreement shall begin on July 1,2021 and shall end on June 30, 2022 unless the term of this Agreement is otherwise tcrminated 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.
l-2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assisnment 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 ofthis Agreement, desires the reassignment ofany such persons, Consultant shall, immediately upon receiving notice from City ofsuch desire of City, reassign such person or persons.
1.4 Time. Consultant shall devotc such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder.
2671/031858'0001
161042t 2 aD3t02l2l
Item Title: 10.8
On-Call Engineering and Inspection Services Agreement Amendments Item Page Number: 4
Menifee Mayor and City Council March 2, 2022