Agenda packet — Menifee City Council, June 15, 2022 (part 7 of 12)

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY 2022/23 ON-CALL LANDSCAPE DESIGN AND INSPECTION SERVICES 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 GARY F. HOYT LANDSCAPE ARCHITECTURE, INC., a California S-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.14
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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: FY 2022/23 ON-CALL LANDSCAPE DESIGN AND INSPECTION SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

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insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.14
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Gary Hoyt (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Molly Binnall, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

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GARY F. HOYT LANDSCAPE ARCHITECTURE, INC.

Attn: Gary Hoyt
12888 Francine Terrace
Poway, CA 92054
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Molly Binnall, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Gary F. Hoyt, President

Gary F. Hoyt, Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00).

Landscape Design Plan Review and Inspections Services - The firm shall provide professional landscape architecture plan review and inspection services by a registered Landscape Architect on an as-needed basis. Services may include but are not limited to:
-Plan check review of concept and construction landscape plans and park plans, technical studies, and technical specifications and perform in accordance with the design policies and standard plans. -Review Soil Management Plans
-Attendance at development/planning case meetings, as requested -Site Inspections
-Scheduling and Tracking Inspections
-Review Cost Estimates
-Advise staff on new landscaping regulations and/or standards If consultant’s personnel is assigned to City, the assigned personnel shall be at a minimum a registered Landscape Architect.

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EXHIBIT A.

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY2022/23 ON-CALL PLANNING (ENVIRONMENTAL REVIEW) SERVICES 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 KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills, i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period. c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.5 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.

SECTION 3. FACILITIES AND EQUIPMENT.

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

FY2022/23 ON-CALL PLANNING (ENVIRONMENTAL REVIEW) SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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SECTION 5. INDEMNIFICATION.

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SECTION 6. STATUS OF CONSULTANT.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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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.

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8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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SECTION 10. MISCELLANEOUS PROVISIONS.

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 Kevin Thomas, Senior Environmental 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.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

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KIMLEY-HORN AND ASSOCIATES, INC.

Attn: Kevin Thomas, Senior Environmental Manager
3880 Lemon Street, Suite 420
Riverside, CA 92501
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Molly Binnall, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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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:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Matthew McCormick, Vice President

Chad Phillips, Senior Associate

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00).

General planning-related development and land use project review services- The firm shall provide general plan check services for the Community Development Department to ensure their adherence to the City’s and all other applicable standards and design policies, and conditions of approval for all development projects. The work may include, but is not limited to:
-Provide general planning-related development review and project management services to the City on a case-by-case basis -Write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations, as requested
-Attendance at development/planning case meetings, as requested -Attendance at Planning Commission hearings, as requested -Attendance at City Council meetings, as requested
If specific consultant personnel is assigned to City, the assigned personnel will provide the range of expertise necessary to carry out the normal functions of a professional planner. All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certifications/licensing requirements for the professional Planning levels of Assistant to Senior Planner.

Preparation and/or Peer Review: Environmental Services
Firm shall provide environmental services with demonstrated expertise in processing applications for various types of projects (residential, commercial-industrial, mixed–use) and preparing environmental review documents as required by CEQA and/or NEPA that include, but not limited to, one or more of the following planning and environmental tasks:
- Initial Site Assessments
- Preparation of CEQA/NEPA studies (EIR, MND, ND and CE) - Noise Studies
- Archeological, Cultural Resources, and Paleontological Resource Services - Air Quality Studies
- Traffic Studies
- Greenhouse Gas
- Biological Resources Services, including but not limited to:
o Biological resource technical reports
o Western Riverside County Multiple Species Habitat Program (MSHCP) documents including, MSHCP Habitat Assessment and Consistency Analysis, Determination of Biological Equivalent or Superior Preservation (DBESP) reports, and Criteria Refinements o Habitat mitigation and restoration plans
o Sensitive species surveys
o Oak tree surveys
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o Fuel modification reports
o Jurisdictional delineations/regulatory permitting
o Biological resources construction compliance monitoring and reporting o Wildlife and regulatory agency coordination (USFWS, CDFW, USACE, RWQCB) o Biological resource-related CEQA documents
- Environmental Mitigation Studies/Reports
- Coordinate and distribute environmental documents and notices - Mitigation Monitoring and Reporting Plans
- Presentations at community meetings and public hearings Assignments may also include third-party peer reviews of environmental documents and technical studies, generally related to development application review.

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EXHIBIT A.

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY2022/23 ON-CALL LANDSCAPE DESIGN AND INSPECTION SERVICES 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 KOBATA ASSOCIATES, INC., a California S-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED FIVE THOUSAND DOLLARS AND ZERO CENTS ($105,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

Invoices shall be submitted to:

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

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.

SECTION 3. FACILITIES AND EQUIPMENT.

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

FY2022/23 ON-CALL LANDSCAPE DESIGN AND INSPECTION SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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SECTION 5. INDEMNIFICATION.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 97
Menifee Mayor and City Council June 15, 2022

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SECTION 6. STATUS OF CONSULTANT.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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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.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 99
Menifee Mayor and City Council June 15, 2022

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8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 100
Menifee Mayor and City Council June 15, 2022

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SECTION 9. KEEPING AND STATUS OF RECORDS.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 101
Menifee Mayor and City Council June 15, 2022

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SECTION 10. MISCELLANEOUS PROVISIONS.

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 Roger Kobata (“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.

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:

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 102
Menifee Mayor and City Council June 15, 2022

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KOBATA ASSOCIATES, INC.

Attn: Roger Kobata
15417 Cornet Street
Santa Fe Springs, CA 90670
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Molly Binnall, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

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.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 103
Menifee Mayor and City Council June 15, 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:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed ONE HUNDRED THOUSAND FIVE DOLLARS AND ZERO CENTS ($105,000.00)
Landscape Design Plan Review and Inspections Services – The firm shall provide professional landscape architecture plan review and inspection services by a registered Landscape Architect on an as-needed basis. Services may include but are not limited to:
-Plan check review of concept and construction landscape plans and park plans, technical studies, and technical specifications and perform in accordance with the design policies and standard plans. -Review Soil Management Plans
-Attendance at development/planning case meetings, as requested -Site Inspections
-Scheduling and Tracking Inspections
-Review Cost Estimates
-Advise staff on new landscaping regulations and/or standards If consultant’s personnel is assigned to City, the assigned personnel shall be at a minimum a registered Landscape Architect.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 106
Menifee Mayor and City Council June 15, 2022

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7630421.2 a04/06/22 EXHIBIT A.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 107
Menifee Mayor and City Council June 15, 2022

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY2022/23 ON-CALL FISCAL REVIEW IMPACT SERVICES
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 SPICER CONSULTING GROUP, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 108
Menifee Mayor and City Council June 15, 2022

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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

Invoices shall be submitted to:

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 109
Menifee Mayor and City Council June 15, 2022

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

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.

SECTION 3. FACILITIES AND EQUIPMENT.

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 111
Menifee Mayor and City Council June 15, 2022

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Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 112
Menifee Mayor and City Council June 15, 2022

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

FY2022/23 ON-CALL FISCAL REVIEW IMPACT SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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 Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 113
Menifee Mayor and City Council June 15, 2022

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Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

SECTION 5. INDEMNIFICATION.

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 Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 114
Menifee Mayor and City Council June 15, 2022

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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

SECTION 6. STATUS OF CONSULTANT.

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 Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 115
Menifee Mayor and City Council June 15, 2022

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scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 116
Menifee Mayor and City Council June 15, 2022

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8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

SECTION 10. MISCELLANEOUS PROVISIONS.

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any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.5 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 Shane Spicer (“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.

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:

SPICER CONSULTING GROUP
Attn: Shane Spicer
41619 MARGARITA RD, SUITE 101
TEMECULA, CA 92591
Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 119
Menifee Mayor and City Council June 15, 2022

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Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Molly Binnall, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

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.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 120
Menifee Mayor and City Council June 15, 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:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Shane Spicer, Managing Director

Melissa Bellitire, Managing Director

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services in the amount not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00)
Municipal Financial Review Services (Fiscal Impact Analysis)- The firm shall provide comprehensive Municipal Financial Review (Fiscal Impact Analysis) Services, including but not limited to:
- Fiscal Impact Analysis of new development projects to infrastructure and public services Completed analysis will be provided in a concise and detailed report including all factors considered in completion of the Fiscal Impact Analysis.

Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 123
Menifee Mayor and City Council June 15, 2022

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2671/031858-0001
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Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 124
Menifee Mayor and City Council June 15, 2022

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Item Title: 10.14
On-Call Agreements for Fiscal Year 2022/23 for the Community Development Department, Recoverable Item Page Number: 125
Menifee Mayor and City Council June 15, 2022

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CITY OF MENIFEE
SUBJECT: On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department
MEETING DATE: June 15, 2022
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst
REVIEWED BY: Craig Carlson, Building Official
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement in the not-to-exceed amount of $300,000 with Interwest Consulting Group, Inc. for fiscal year 2022/23 on-call building and safety plan review services.

DISCUSSION
The City’s Building & Safety Department is responsible for building plan reviews of projects submitted to the City to ensure conformance with applicable local, state, and federal building codes and regulations. With a continuous high volume of plan reviews, the Building and Safety Department supplements its current in-house efforts with the use of consultants to provide plan review services with a quicker turnaround period.

The current professional service agreements for building plan check/review services is set to expire on June 30, 2022. Therefore, staff is recommending a new agreement with Interwest Consulting Group, Inc. (formally Esgil) be executed to provide for as-needed plan review services for fiscal year 2022/23. The proposed term of service would cover the July 1, 2022 to June 30, 2023 period. Interwest Consulting Group, Inc. has provided the City with similar services in the past few years, and provide similar services to municipalities throughout the state.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact of the proposed agreement is $300,000. Funding for the proposed agreement with Interwest Consulting Group, Inc. is available within the fiscal year 2022/23 budget, under Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 1
Menifee Mayor and City Council June 15, 2022

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City of Menifee Staff Report
FY2022/23 on Call Contract Services (Building & Safety) June 15, 2022

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1 0
4 3
account no. 100-4331-52800 (Professional Services). No additional budget appropriation is required for this action.

ATTACHMENTS

1. Interwest Consulting Group Agreement
Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 2
Menifee Mayor and City Council June 15, 2022

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY 2022/23 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES 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 Interwest Consulting Group, Inc., a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 3
Menifee Mayor and City Council June 15, 2022

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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

Invoices shall be submitted to:

Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 4
Menifee Mayor and City Council June 15, 2022

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

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.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 5
Menifee Mayor and City Council June 15, 2022

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 6
Menifee Mayor and City Council June 15, 2022

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Item Title: 10.15
On-Call Agreement for Fiscal Year 2022/23 for the Building & Safety Department Item Page Number: 7
Menifee Mayor and City Council June 15, 2022

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: FY 2022/23 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- Item Title: 10.15
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SECTION 5. INDEMNIFICATION.

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SECTION 6. STATUS OF CONSULTANT.

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 Item Title: 10.15
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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.

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8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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SECTION 10. MISCELLANEOUS PROVISIONS.

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 Matt Royer (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Antonio Chavez, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

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Interwest Consulting Group, Inc.

Attn: Matt Royer
9320 Chesapeake Dr, Suite 208
San Diego, CA 92123
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Antonio Chavez, Management Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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10.19 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:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Paul Meschino, Vice President of Operations

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include As Needed Plan Review Services (Building & Safety) in the amount not to exceed THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00) unless formally modified by written amendment. Scope of services is further outlined in following page(s).

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CITY OF MENIFEE
SUBJECT: Cooperative Agreement with Riverside County Regional Park and Open-Space District
MEETING DATE: June 15, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the Cooperative Agreement with Riverside County Regional Park and Open-Space District for the alignment and maintenance analysis of the Salt Creek Trail; and

2. Approve a Budget Adjustment Resolution increasing the General Fund (Fund 100) revenue by $100,000 in an account as assigned by Finance Department for the Salt Creek Trail Improvements Project.

DISCUSSION
The Riverside County Flood Control District has managed the 16 mile earthen flood control channel from Hemet to Lake Elsinore, known as Salt Creek since the 1960’s. By the 1990’s, the Salt Creek Trail became and essential backbone trail identified in the County of Riverside’s General Plan with accessibility to homes, schools, businesses and planned linkages with smaller trails. Throughout the area, the Salt Creek Trail has become a regional amenity enjoyed by both City and County residents alike.

Subsequently, the City of Menifee adopted the Parks, Open Space, Trails, and Recreation Master Plan in 2016 identifying the Salt Creek Trail as a Regional Trail and the Riverside County Regional Park and Open-Space District Comprehensive Trails Plan identified the Salt Creek Trail as a regional backbone trail in 2018. The prioritization of the Salt Creek Trail for both the City and the County assisted with obtaining the necessary funding through grants and development impact fees specific for trail development for the construction of a dual track trail across the 4 miles of trail within the City of Menifee. The project was completed in early 2021 and has been heavily utilized since.

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City of Menifee Staff Report
Cooperative Agreement with Riverside County
June 15, 2022

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8 6
9 During the April 1, 2021 meeting, the Parks, Recreation and Trails Commission (PRTC) created an Ad Hoc Committee comprised of Commissioners Bangle and Croy to ensure forward moving progress on the maintenance and connectivity of the newly opened Salt Creek Trail. The Ad Hoc Committee met with Riverside County Regional Park and Open-Space District (RivCo Parks) who were then invited to present to PRTC at the August 5, 2021 regular meeting. General Manager/Parks Director, Kyla Brown, presented an overview of RivCo Parks approach to building and maintaining trails in partnership with local jurisdictions and potential options for partnering with the City of Menifee for the maintenance and connectivity of the Salt Creek Trail in Menifee.

At the conclusion of the meeting, PRTC recommended that City staff work with RivCo Parks staff to work towards a proposal that includes a feasibility study of maintaining and extending the Salt Creek Trail for further consideration and potential recommendation to City Council.

In the following months, the City and RivCo Parks staff worked together and identified an opportunity for Menifee to take the lead on seeking out the appropriate steps for conducting a feasibility study through the transfer of $100,000 in remaining Salt Creek Trail project funds to the City of Menifee for this purpose. In addition to reviewing the maintenance requirements of the four miles of paved trail through the City of Menifee, the feasibility study would also include the possibility of extending the current Salt Creek Trail past Antelope Road to the City limits.

Upon approval of the Cooperative Agreement, Community Services staff would work with the Finance Department on the Request for Proposal (RFP) process to select a consultant to assist with the feasibility study and design to determine the next best steps for the City. Once concluded, results will be presented to the PRTC for recommendations to City Council. As stated in the cooperative agreement, if the City is unable to complete the project due to inability to obtain necessary easements or if the County withholds final approval, the City is still entitled to 100% of the maximum contribution of $100,000.

In line with City’s Capital Improvement Project (CIP) policy, where any project with a cost of over $50,000 or more and a useful life of more than five years, this project has been added as CIP Project No. CS051: Salt Creek Trail Improvements during the fiscal year 2021/22 Mid-Year Budget Update approved by City Council on March 2, 2022.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
Through the RFP process and negotiations with potential consultants, staff will seek proposals for the feasibility study and design for the maintenance and connectivity of the Salt Creek Trail that are within the $100,000 provided by RivCo Parks creating a net zero budget impact. In the fiscal year 2021/22 Mid-Year Budget Update, $100,000 was allocated to CS051: Salt Creek Trail Improvements in account no. 100-4555-58147. A Budget Amendment Resolution is required for the acceptance of $100,000 in General Fund Revenue in an account assigned by the Finance Department for the Salt Creek Trail Improvements Project.

Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 2
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City of Menifee Staff Report
Cooperative Agreement with Riverside County
June 15, 2022

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8 6
9 ATTACHMENTS

1. Cooperative Agreement

2. Exhibit A - Map

3. Exhibit B – Public Trail Easement

4. Budget Amendment Resolution
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Cooperative Agreement

COOPERATIVE AGREEMENT

BY AND BETWEEN

RIVERSIDE COUNTY REGIONAL PARK AND OPEN-SPACE DISTRICT
AND

CITY OF MENIFEE
This COOPERATIVE AGREEMENT (“Agreement”) is entered into on _________________________ by and between the RIVERSIDE COUNTY REGIONAL PARK AND OPEN-SPACE DISTRICT, a park and open-space district created pursuant to the California Public Resources Code, Division 5, Chapter 3, Article 3, hereinafter called "DISTRICT", and the CITY of MENIFEE, a municipal corporation, hereinafter called "CITY", for the design of a Multi-Use Trail Segment on the Salt Creek Trail within the jurisdictional boundaries of the CITY and the DISTRICT. The DISTRICT and the CITY are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.

RECITALS
A.The DISTRICT and the CITY desire to develop a Multi-Use Trail segment along the Salt Creek Trail through areas in which each Party is respectively responsible.

B.The CITY will prepare plans and specifications for the design of a Multi-Use Trail Segment, for the Salt Creek Trail alignment through the CITY, analyzing for use the WellQuest Menifee. LLC and OASIS Housing Development easement described in Exhibit “B” attached hereto and by this reference incorporated herein ("PROJECT").

C.The PROJECT shall extend from Antelope Road east from the northern boundary of the property known as WellQuest of Menifee Lakes north of the Oasis Housing Development to the western boundary of Aldergate Park as shown in Exhibit “A”, attached hereto and by this reference incorporated herein. Exhibit A consists of the alignment analysis and design and of a multi-use trail connecting the existing Salt Creek Trail segment west of Antelope Road in the CITY to Aldergate Park.

D.The DISTRICT wishes to fund the CITY'S efforts to analyze and design the PROJECT and furnish a contribution, hereinafter called "DISTRICT CONTRIBUTION", in the amount of up to one hundred percent (100%) of the estimated price. Notwithstanding the foregoing intention, the total DISTRICT CONTRIBUTION shall not exceed the sum of one-hundred-thousand dollars ($100,000.00) in its Fiscal Year 2021-22 “Capital Improvement Budget.”
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree as follows:

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Cooperative Agreement

SECTION I
CITY shall:

1. Act as the responsible lead agency and prepare all environmental documentation needed and secure all environmental clearances, permits, approvals or agreements required by any Federal or State resource and/or regulatory agency for the construction, operation and maintenance of the PROJECT.

2. Coordinate the analysis of existing easement as described in Exhibit B for use by the PROJECT and determine the need for additional easements or revisions to existing easements to complete this segment of the Salt Creek Trail. If the CITY determines that additional easements or revisions to existing easements are required for the PROJECT, the CITY shall use reasonable diligence to obtain such easements and revisions. The cost of obtaining any easements or revisions to existing easements pursuant to this Section are recoverable from the DISTRICT CONTRIBUTION following the procedure in Section II, 4. In the event the CITY is unable to complete the PROJECT due to the CITY’s inability to obtain required easements or revisions to easements despite the CITY’s reasonable diligence, the CITY shall be entitled to obtain reimbursement from the DISTRICT CONTRIBUTION pursuant to Section II, 4 below, of eligible costs incurred up to and including the date on which the CITY determines it is unable to complete the PROJECT.

3. Design the PROJECT pursuant to the CITY’s authorization to proceed, and administer the PROJECT as a public works contract.

4. Solicit a design consultant, hereinafter called “CONSULTANT,” to prepare plans, hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards, and submit to DISTRICT for review and final approval, which approval shall not be unreasonably withheld. In the event the DISTRICT unreasonably withholds final approval of IMPROVEMENT PLANS such that the CITY cannot complete the PROJECT, the CITY shall be entitled to obtain reimbursement from the DISTRICT CONTRIBUTION pursuant to Section II, 4 below for eligible costs incurred up to and including the date on which the CITY determines it is unable to complete the PROJECT.

5. Invoice the DISTRICT for up to one hundred percent (100%) of the quoted design consulting costs upon DISTRICT’s approval, subject to the maximum DISTRICT CONTRIBUTION of $100,000.00 for the PROJECT.

6. Supervise and provide inspection services for all aspects of the PROJECT design.

SECTION II
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Cooperative Agreement
DISTRICT shall:

1. Review the IMPROVEMENT PLANS and notify the CITY if and when the DISTRICT approves of the IMPROVEMENT PLANS.

2. Observe the PROJECT at the DISTRICT'S sole cost and expense. The DISTRICT shall provide any comments to CITY personnel who shall be solely responsible for all quality control,

3. Communicate with the CITY'S CONSULTANT during the design of PROJECT.

4. Pay the DISTRICT CONTRIBUTION to CITY consulting, analysis, and design costs in the quoted amount, within thirty (30) days following DISTRICT'S receipt of CITY'S invoice and documentation. However, the total DISTRICT CONTRIBUTION paid shall not exceed the sum of ONE-HUNDRED THOUSAND DOLLARS ($100,000.00).

SECTION III
It is further mutually agreed:

1. The DISTRICT CONTRIBUTION shall be used by the CITY solely for the purpose of analyzing and designing the PROJECT as set forth herein.

2. The CITY shall indemnify, defend, save and hold harmless the DISTRICT (including its respective officers, districts, special districts and departments, their respective directors, officers, Board of Directors, Riverside County Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to the CITY'S (including its officers, employees, agents, representatives, independent contractors, and subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees; or (d) any other element of any kind or nature whatsoever.

3. The DISTRICT shall indemnify, defend, save and hold harmless the CITY (including its officers, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action brought by third parties, present or future, based upon, arising out of or in any way relating to the DISTRICT'S (including its officers, Board of Directors, Riverside County Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) actual negligent acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees; or (d) any other element of any kind or nature whatsoever until the statute of limitations has run for such claims or actions.

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4. In the event of any arbitration, action or suit brought by either the CITY or the DISTRICT against the other Party by reason of any breach on the part of the other Party of any of the covenants and agreements set forth in this Agreement, or any other dispute between the DISTRICT and the CITY concerning this Agreement, the prevailing party in any such action or dispute, by a final judgment or arbitration award, shall be entitled to have and recover from the other party all costs and expenses or claims, including but not limited to, reasonable attorneys' fees and expert witness fees. This section shall survive any termination of this Agreement until the statute of limitations has run for such actions or suits.

5. The DISTRICT and the CITY shall retain or cause to be retained for audit, all records and accounts relating to the PROJECT for a minimum period of three (3) years from the date the CITY issues the notice of completion of the PROJECT.

6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

7. This Agreement is to be construed in accordance with the laws of the State of California.

8. Neither the CITY nor the DISTRICT shall assign this Agreement without the written consent of the other Party.

9. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

10. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

IF TO DISTRICT:

RIVERSIDE COUNTY REGIONAL

PARK & OPEN-SPACE DISTRICT
4600 Crestmore Road
Jurupa Valley, CA 92509
IF TO CITY:

CITY OF MENIFEE
ATTN: COMMUNITY SERVICES DEP’T
29844 Haun Road
Menifee, CA 92586

11. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

12. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by the DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the DISTRICT because the DISTRICT prepared this Agreement in its final form.

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Cooperative Agreement

13. Any waiver by the DISTRICT or the CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of the DISTRICT or the CITY to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or estopping the DISTRICT or the CITY from enforcing this Agreement.

14. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.
[Signature Provisions on the Following Pages]
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Cooperative Agreement
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their respective duly authorized representatives.

RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY REGIONAL PARK

AND OPEN-SPACE DISTRICT
By: __________________________ By:____________________________________

KYLA BROWN CHUCK WASHINGTON,

GENERAL MANAGER CHAIRMAN, BOARD OF DIRECTORS
Date: ________________________
APPROVED AS TO FORM: ATTEST:

KECIA HARPER

COUNTY COUNSEL CLERK OF THE BOARD
By: __________________________ By:___________________________

KRISTINE BELL-VALDEZ DEPUTY

SUPERVISING COUNTY COUNSEL (SEAL)

RECOMMENDED FOR CITY OF MENIFEE
APPROVAL:

By: _____________________________ By: ______________________

NAME NAME

TITLE TITLE
APPROVED AS TO FORM: ATTEST:

By: ______________________________ By: ________________________

CITY ATTORNEY CITY CLERK
(SEAL)
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Review of current
easements and future
acquisition needs
Analysis of Built trail
connection to cross
Antelope Road.

EXHIBIT A : SALT CREEK TRAIL EXTENSION OASIS SEGMENT
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Exhibit " A"
Legal Description
Public Trail Easement
DED 20- 005
Those portions of Lots 10, 11, and 12 of Pratl Eucalyptus Tract No. 7 as per Map Recorded in Book 7 Page 9 of Maps, in the office of the County Recorder, County of Riverside, State of California, lying within Section 34, Township 5 South, Range 3 West, S. B. B& M. more particularly described as follows;
A strip of land 14 feet wide, lying 7 feet on each side of the following described centerline; Commencing at the Northwest corner of said Lot 10;
THENCE along the Westerly line of said Lot 10, South 27" 45' 23" East, 29. 50 feet to the TRUE POINT OF BEGINNING. said point also being on the Northeasterly right of way line of Antelope Road ( 37. 00 feet in half width), as shown on Public Road and Utility Easement DED 19- 005, lnstrument No. 2020- 0361406 recorded 08- 10- 2020;
THENCE North 60" 58' 16" East, 1 . 82 feet to the beginning of a non- tangent curve concave Southeasterly and having a radius of 32. 00 feet, a radial line to said point bears North 28" 55' 05" West;
THENCE Northeasterly 19. 70 feet along said curve through a central angle of 35" 16' 16"; THENCE South 83' 38' 49" East, 24. 64 feet;
THENCE South 87' 45' 22" East, 75. 29 feet;
THENCE North 89' 41' 12" East, 53. 01 feet;
THENCE North 86" 55' 36" East, 24. 52 feet;
THENCE North 89" 46' 49'' East, 27. 86 feet;
THENCE North 83" 24' 17" East, 16. 39 feet;
THENCE North 83' 08' 49" EasL27. 73 feel;
THENCE North 86" 04' 11" East, 20. 43 feet;
THENCE North 89" 26' 19" East, 31. 49 feet;
THENCE South 89" 13' 55" East, 103. 83 feet;

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THENCE North 87" 55' 06" East, 66. 78 feet to a point in that certain course shown as North 00' 26' 05" East of the Westerly line of Lot 192 of TR 25251- 1 MB 335 Pages 56 through 63, inclusive, records of said County.

The sidelines of said strip of land shall be prolonged or shortened so as to terminate along the Westerly line of said lot 192 and said Northeasterly right of way line of Antelope Road.

Containing 6, 909 square feet more or less
This real property description has been prepared by me, or under my direction, in conformance with the I land surv eyors' act
Heung Jei
Date: r/ r/ z- t
L 928
No. 5928
Exhibit " 8" attached hereto and by this reference made a part hereof.

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EXHIBIT '' B''

PUBLIC TRAIL EASEMENT
DED 20- 005
G

VICINITY MAP
N. T. S.

NIWPORT ROAD
HE N J I KIM L. S.

DATE:.
u
LEGEND:
ruorcerrs TRAIL EASEMENT DEDTcATED To crTy oF MENTFEE
EASEMENT NOTE:

A
AN EASEI/ ENT FOR UTILITY AND INCIDENTAL PURPOSES, RECORDED 10_ 21_ 2004, INST. NO. 2004_ 834072 IN FAVOR OF SOUTHERN CALIFORNIA EDISON COIVPANY.

PROPERIY DESCRIPTION:

A PORTIONS 0F LOTS 10, 11, & 12 0F PRATT EUCALYPTUS TRACT N0. 7 AS PER lvlAP REC. IN BOOK 7, PAGE 9 OF MAPS RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. sEc. 34, T. 55, R. 3U S. B. B.& til
HEUN6 JEI KIM
EXp. 12- 71- 22
No. 5928
CIry OF MENIFEE
RIVERSIDE COUNTY, CALIFORNIA PACIFIC COAST LAND coNsULTANTs, lnc.

CIVN, ENCIN' ERINC ' LIIiD PLANNINC . I, TADSIINVEYINCFi( 25090 .-[ FFERSoi{ AVTNUE SJ| TE ' C-
URRIETA. CAUFORNIA 92562
IEL 1951) 698- 1J50
SHT, l OF ?

SCALE AS SHOWN

PUBLIC TRAIL EASEMENT
PRoPERIY 0F: WELLQUEST MENIFEE, tLC

PREPARED BENJIE
DATE 05- 15- 20
Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 15
Menifee Mayor and City Council June 15, 2022

Page 858 of 1576 ends

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PUBLIC TRAIL EASEMENT
DED 20- 005

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LINt LEN GTH

1. 82'
t2 N83' J8' 49" W 24. 64'
L3 N87' 45' 22" W 75. 29'
L4 N89' 41' 1 2" E
L5 N 86' 55' 36" E 2+. 52'
L6 N 89' 46' 49" E 27. 86'
L7 N83' 24' 1 7" E
L8 N83' 08' 49" t 27. 73'
L9 N86' 04' 11" E 20. 43'
110 N89' 26' 19" E 31 . 49'
111 N89' 13' 55" W 103. 83'
tl2 N87' 55' 06 " E 66. 78'
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CURVE DELTA RAD US LENGTH TANGENT
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HEUNG JEi KIM
Exp. 12- 31- 22
No. 5928
II
CIry OF MENIFEE
RIVERSIDE COUNTY, CALIFORNIA . PACIFIC COAST LAND CONSULTANTS, lrrc. clvll INCINIERINC ' UND PLTNNING ! l- aND SURWrINC
25090 GFTERSON AWNUE S1JIIE ' C'
MIIRRIETA CAUFORNIA 92562
rEL. ( 95r) 6S8- 1350
ri( SHT. Z OFZSCALE

AS SHOWN

PUBLIC TRAIL EASEMENT
PROPERTY OF: WELLQUESI MENIFEE, LLC

PREPARED BENJIE
DATE 05- 15- 20
10 63
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DIRECTION
L1 N60' 58' 16" E

53. 01'

16. 39'
Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 16
Menifee Mayor and City Council June 15, 2022

Page 859 of 1576 ends

Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 17
Menifee Mayor and City Council June 15, 2022

Page 860 of 1576 ends

RESOLUTION NO. 21-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22 with resolution 21-1033 on June 2nd , 2021; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2021/22 Revenue Budget: $59,885,280

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 6, 2021 State Asset Forfeiture 100-3468 $36,189 October 6, 2021 CEQA Review Revenue 100-3425 2,000,000
October 20, 2021 Donation (Crime Watch) 100-3855 13,836.51 March 2, 2022 Mid-Year Budget Adjustments Various 3,115,303 June 15, 2022 County Reimbursement
(Salt Creek Trail
Improvements Project)
100-xxxx 100,000
TOTAL: $5,265,328.51
Amended General Fund FY 2021/22 Revenue Budget: $65,150,608.51 General Fund Adopted FY 2021/22 Expenditure Budget: $59,885,280

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 7, 2021 CEQA Services:

Menifee Specific Plan
100-4330-52825 $55,440
July 7, 2021 CIP 20-04: Paloma
Wash Trail
Improvements
100-4555-58086 (95,527)
July 21, 2021 CIP 22-20: Sun City
Community Project
100-4555-58137 183,886
July 21, 2021 CIP 22-21: Lazy Creek
Pedestrian Project
100-4555-58138 88,380.50
Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 18
Menifee Mayor and City Council June 15, 2022

Page 861 of 1576 ends

Amending the Fiscal Year 2021/22 General Fund Budget
Salt Creek Trail Improvements Project
2 4
3 9
7 5
August 4, 2021 CEQA Services:

Freedom Business Park
100-4330-52825 53,169
September 15, 2021 CIP 21-13: McCall Blvd
Resurfacing Project
100-4555-58111 108,773.95
September 15, 2021 Fire Contract 100-4445-52800 368,502 October 6, 2021 Furniture & Equipment 100-4911-53150 11,589 October 6, 2021 Professional Services 100-4911-52800 24,600 October 6, 2021 Professional Services
Recoverable (CEQA)
100-4330-52846 2,000,000
October 6, 2021 FY20/21 Budget Carry-
Overs
100-xxxx-xxxxx 3,764,518.47
October 20, 2021 Donation (Crime Watch) 100-4911-52509 13,836.51 December 15, 2021 Future City Hall 100-4555-xxxxx 4,000,000 December 15, 2021 Future City Hall Parking
Lot Project
100-4555-xxxxx 2,000,000
December 15, 2021 Community/Recreation
Center Project
100-4555-xxxxx 1,000,000
December 15, 2021 Holland Road Overpass
Project
100-4555-58021 2,800,000
December 15, 2021 PMP Menifee Meadows
& Potomac Projects
100-4555-xxxxx 1,057,606
March 2, 2022 Mid-Year Budget
Adjustments
Various 2,769,903
April 20, 2022 Professional Services 100-4911-52800 9,500 May 4, 2022 Sustainable
Transportation Planning
Grant (Complete Streets
Plan)
100-4555-52853 28,675
June 15, 2022 Salt Creek Trail
Improvements Project
100-4555-xxxxx 100,000
TOTAL: $20,342,852.43
Amended General Fund FY 2021/22 Expenditure Budget: $80,228,132.43

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 19
Menifee Mayor and City Council June 15, 2022

Page 862 of 1576 ends

Amending the Fiscal Year 2021/22 General Fund Budget
Salt Creek Trail Improvements Project
3 4
3 9
7 5
TOTAL: 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund for the City of Menifee for fiscal year 2021/22 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Salt Creek Trail Improvements Project 100,000 Amended General Fund FY 2021/22 Budget $65,150,608.51 Expenditures:

Salt Creek Trail Improvements Project 100,000

Amended General Fund FY 2021/22 Budget: $80,228,132.43 PASSED, APPROVED AND ADOPTED this 15h day of June 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.16
Cooperative Agreement with Riverside County Regional Park and Open-Space District Item Page Number: 20
Menifee Mayor and City Council June 15, 2022

Page 863 of 1576 ends

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Rick Engineering Company for Economic Development Corridor Southern Gateway Public
Engagement/Outreach Strategy
MEETING DATE: June 15, 2022
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 with Rick Engineering Company to extend the term of the agreement through June 30, 2023 for the EDC Southern Gateway Public Engagement/Outreach Strategy for future Specific Plan.

DISCUSSION
On January 26, 2022, the City Manager approved the agreement with Rick Engineering Company for the Economic Development Corridor (EDC) Southern Gateway Public Engagement Strategy for a total cost of $17,250. This agreement was funded from account no. 100-4330-52800 Professional Services (Community Development). This work effort has been on hold pending the completion of additional updates to the EDC provisions in the General Plan and Development Code, as discussed in City Council workshops on this subject. Staff will resume the work covered under this contract for outreach prior to moving forward with any Specific Plan for the EDC Southern Gateway as identified in the City Council’s Strategic Plan.

This amendment is only to extend the contract term and no additional funds are requested.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no fiscal impact.

Item Title: 10.17
Agreement Amendment with Rick Engineering Company for Economic Development Corridor Southern Gateway Public Engagement/Outreach Strategy
Item Page Number: 1
Menifee Mayor and City Council June 15, 2022

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City of Menifee Staff Report
Rick Engineering Company Agreement Amendment
June 15, 2022

Page 2 of 2 ends

1 0
4 1

ATTACHMENTS

1. Original Agreement

2. Amendment No. 1
Item Title: 10.17
Agreement Amendment with Rick Engineering Company for Economic Development Corridor Southern Gateway Public Engagement/Outreach Strategy
Item Page Number: 2
Menifee Mayor and City Council June 15, 2022

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2671/031858-0001
7630376.2 a01/03/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

EDC SOUTHERN GATEWAY PUBLIC ENGAGEMENT STRATEGY PROJECT 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 RICK ENGINEERING COMPANY , a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this re ference (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 Agr eement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on Novemeber 22, 2021 and shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consu ltant 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 necessa ry to satisfy Consultant’s obligations hereunder.

DocuSign Envelope ID: AB22431E-3219-4029-BF0F-7AFFAC1A3916 DocuSign Envelope ID: 01215BD6-8CA1-46F2-819C-D5B7A189F739 26 Jan.

Page 866 of 1576 ends

2671/031858-0001
7630376.2 a01/03/22 -2-

1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SEVENTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS AND ZERO CENTS ($17,250.00) 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 Con sultant 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 perform ed 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 perfo rming the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

DocuSign Envelope ID: AB22431E-3219-4029-BF0F-7AFFAC1A3916 DocuSign Envelope ID: 01215BD6-8CA1-46F2-819C-D5B7A189F739 Item Title: 10.17
Agreement Amendment with Rick Engineering Company for Economic Development Corridor Southern Gateway Public Engagement/Outreach Strategy
Item Page Number: 4
Menifee Mayor and City Council June 15, 2022

Page 867 of 1576 ends

Menifee City CouncilJune 15, 2022

Menifee City Council
June 15, 2022