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of the Special Tax levy on the Acreage of Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
4. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Single-Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
The Maximum Special Tax for each Assessor’s Parcel of Non-Residential or Multifamily Residential Property shall be the applicable Assigned Special Tax described in Table 1, Table 2, and Table 3 of Section D.
b. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single-Family Residential Property, Multifamily Property or Non-Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1, Table 2, and Table 3 below.
TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,400 sq. ft $2,588.00
2. Single Family Residential Property RU 1,400 sq. ft to 1,600 sq. ft $2,812.00
3. Single Family Residential Property RU 1,601 sq. ft to 1,800 sq. ft $2,860.00
4. Single Family Residential Property RU 1,801 sq. ft to 2,000 sq. ft $2,876.00
5. Single Family Residential Property RU 2,001 sq. ft to 2,200 sq. ft $2,967.00
6. Single Family Residential Property RU 2,201 sq. ft to 2,400 sq. ft $3,090.00
7. Single Family Residential Property RU Greater than 2,400 sq. ft $3,139.00
8. Multifamily Property Acre N/A $24,486.00
9. Non-Residential Property Acre N/A $24,486.00
On each July 1, commencing July 1, 2023, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 37
Menifee Mayor and City Council August 3, 2022
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TABLE 2
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 1,900 sq. ft $2,731.00
2. Single Family Residential Property RU 1,900 sq. ft to 2,100 sq. ft $2,896.00
3. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $2,954.00
4. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $3,056.00
5. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $3,109.00
6. Single Family Residential Property RU Greater than 2,700 sq. ft $3,195.00
7. Multifamily Property Acre N/A $22,018.00
8. Non-Residential Property Acre N/A $22,018.00
On each July 1, commencing July 1, 2023, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
TABLE 3
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 3
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,100 sq. ft $2,847.00
2. Single Family Residential Property RU 2,100 sq. ft to 2,400 sq. ft $2,991.00
3. Single Family Residential Property RU 2,401 sq. ft to 2,700 sq. ft $3,118.00
4. Single Family Residential Property RU 2,701 sq. ft to 3,000 sq. ft $3,146.00
5. Single Family Residential Property RU 3,001 sq. ft to 3,300 sq. ft $3,207.00
6. Single Family Residential Property RU Greater than 3,300 sq. ft $3,484.00
7. Multifamily Property Acre N/A $20,857.00
8. Non-Residential Property Acre N/A $20,857.00
On each July 1, commencing July 1, 2023, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 38
Menifee Mayor and City Council August 3, 2022
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c. Backup Special Tax
When a Final Map is recorded, the Administrator shall determine which Tax Zone the Final Map area lies within and the Backup Special Tax for an Assessor’s Parcel within the Final Map classified or to be classified as Single-Family Property shall calculated according to the following formula.
B = (U x A) / L
The terms above have the following meanings:
B = Backup Special Tax per Assessor’s Parcel within the Final Map U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below A = Acreage of Single-Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the Administrator L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be determined by Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX PER ACRE
Tax Zone
Maximum Special
Tax per Acre
1 $24,486
2 $22,018
3 $20,857
In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be on the rate per Acre shown in the table above. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.
On each July 1, commencing July 1, 2023, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
5. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single-Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $24,486 Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 39
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per Acre for Tax Zone 1, $22,018 per Acre for Tax Zone 2, and $20,857 per Acre for Tax Zone 3.
On each July 1, commencing July 1, 2023, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
6. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $24,486 per Acre for Tax Zone 1, $22,018 per Acre for Tax Zone 2, and $20,857 per Acre for Tax Zone 3 multiplied by the Acreage of such Assessor’s Parcel.
On each July 1, commencing July 1, 2023, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2022/23 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate to satisfy the Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 40
Menifee Mayor and City Council August 3, 2022
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up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property because of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 5 below.
TABLE 5
MINIMUM TAXABLE ACRES
Tax Zone Acres
1 21.47
2 20.92
3 30.20
Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Public Facilities” means $28,500,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-3 IA 2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 41
Menifee Mayor and City Council August 3, 2022
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“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2022-3 IA 2. “Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus (i) public facility costs previously funded from the Construction Fund, (ii) public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and (iii) public facility costs funded by interest earnings on the Construction Fund earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2022-3 IA 2 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Public Property or Property Owner’s Association Property, or Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 42
Menifee Mayor and City Council August 3, 2022
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Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property, Property Owner’s Association Property, or Provisional Undeveloped Property to be prepaid compute the Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of Item Title: 10.9
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Menifee Mayor and City Council August 3, 2022
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prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds.
In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied each Fiscal Year on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times annual debt service for such Fiscal Year on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.
Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 44
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of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.
2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:
PP = ((PE – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-3 IA 2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022- 3 IA 2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-3 IA 2 have been satisfied.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 45
Menifee Mayor and City Council August 3, 2022
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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-3 IA 2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may foreclose on delinquent Assessor’s Parcels as permitted by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 46
Menifee Mayor and City Council August 3, 2022
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RESOLUTION NO. 22-___
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF THE
CITY OF MENIFEE TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF PROPOSED IMPROVEMENT AREA NOS. 1 AND 2 OF PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO) OF THE CITY OF
MENIFEE
WHEREAS, the City Council of the City of Menifee (the “City Council”) upon receipt of a petition from BLC Fleming, LLC, a Delaware limited liability company, as provided in Sections 53318 and 53319 of the Government Code of the State of California instituted proceedings to form Community Facilities District No. 2022-3 (Legado) of the City of Menifee (“Community Facilities District No. 2022-3” or the “District”) and two improvement areas therein to be designated as “Improvement Area No. 1 of Community Facilities District No. 2022-3 (Legado) of the City of Menifee” (“Improvement Area No. 1”) and “Improvement Area No. 1 of Community Facilities District No. 2022-3 (Legado) of the City of Menifee” (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas” and each an “Improvement Area”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, pursuant to Resolution No. 22-___ adopted by the City Council on August 3, 2022; and WHEREAS, the purpose of the proposed District is to finance (1) the purchase, construction, modification, expansion, improvement and/or rehabilitation of public facilities identified in Attachment “A” hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”) and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the District (the “Incidental Expenses”); and
WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $85,000,000; and, WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to (i) authorize the issuance of bonds in the maximum aggregate principal amount of $40,000,000, for Improvement Area No. 1, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Improvement Area No. 1, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment “C” to Resolution No. 22-____; and (ii) authorize the issuance of bonds in the maximum aggregate principal amount of $45,000,000, for Improvement Area No. 2, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Improvement Area No. 2, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment “D” to Resolution No. 22-____.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed Improvement Area No. 1 of Community Facilities District No. 2022-3 in an amount not to exceed $40,000,000 and within the boundaries of proposed Improvement Area No. 2 of Community Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 47
Menifee Mayor and City Council August 3, 2022
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Facilities District No. 2022-3 in an amount not to exceed $45,000,000 to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act.
Section 3. The indebtedness of each proposed Improvement Area will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
Section 4. It is the intent of the City Council to authorize the sale of bonds within each proposed Improvement Area in one or more series, in the maximum aggregate principal amount of $40,000,000 for proposed Improvement Area No. 1 and $45,000,000 for proposed Improvement Area No. 2 and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council acting in its capacity as the legislative body of the District authorizing the issuance of the bonds of such series, but such term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
Section 5. A public hearing (the “Hearing”) on the proposed issuance of bonded indebtedness shall be held at 6:00 p.m. or as soon thereafter as practicable, on September 21, 2022, at the City Council Chambers, 29844 Huan Road, Menifee, California.
Section 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2022-3, may appear and be heard.
Section 7. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Community Facilities District No. 2022-3. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Community Facilities District No. 2022-3 at least 15 days prior to the Hearing.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 3rd day of August, 2022.
ATTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 48
Menifee Mayor and City Council August 3, 2022
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ATTACHMENT A
Types of Facilities To Be
Financed By Community
Facilities District No. 2022-3
The proposed types of public facilities and expenses to be financed by the District include:
The construction, purchase, modification, rehabilitation, expansion and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general government facilities, animal shelter facilities, fire and safety, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Eastern Municipal Water District which are included in Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”); and (iii) interim and permanent school facilities of Menifee Union School District and Perris Union High School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning, and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion, and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 49
Menifee Mayor and City Council August 3, 2022
4876-5473-0527v3/200299-0011
REIMBURSEMENT AGREEMENT
RE PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-3
(LEGADO) OF THE CITY OF MENIFEE
THIS REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO) OF THE CITY OF MENIFEE (the “Agreement”) dated as of August 3, 2022, is entered into by and between the City of Menifee, a general law city organized and existing under the laws and constitution of the State of California (the “City”), and BLC Fleming, LLC, a Delaware limited liability company (the “Developer”).
R E C I T A L S :
A. The Developer is developing approximately 263 acres of land described in Exhibit A attached hereto (the “Property”) for which the Developer desires to include the Property within proposed Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District”) to be established by the City pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”).
B. The City and the Developer are desirous of entering into this Agreement in order to provide a mechanism by which the Developer may advance certain costs related to the cost of formation of the District, and to provide that such District, if formed, will reimburse the Developer for the amounts advanced hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Potential Formation of the District and Issuance of Bonds. (a) At the request of the Developer, the City will undertake to form the District.
The City will retain, at the Developer’s expense, the necessary consultants to analyze the proposed formation of the District and issuance of bonds, including an engineer, special tax consultant, financial advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. In addition, City staff time spent in connection with the formation of the District and the issuance of bonds shall be at Developer’s expense.
(b) In order to fund the process of analyzing the potential formation of the District, the Developer has caused to be advanced to the City a sum totaling $70,000. From time to time, the Developer shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the District and/or issuing bonds.
In the event the Developer does not deliver the requested amount to the City within such 15-day period, the City will have no obligation to proceed with the analysis or bond issue unless and until such additional advance is received. The Developer shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or the issuance of bonds. Upon receipt of such notice, the City shall instruct its consultants to cease work as soon as practicable. The Item Title: 10.9
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3 Developer shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City’s consultants are notified of the Developer’s notice of abandonment. Notwithstanding a decision of the Developer to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Developer; provided, however, that, in executing this Agreement, the Developer or owner of the Property shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds. (c) The City will provide to the Developer on request a summary of how the advances have been spent and the unexpended balance remaining. With the exception of $5,000, which is nonrefundable, amounts advanced by the Developer will be reimbursable to the Developer, without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Developer, the City shall have no liability to the Developer to reimburse them for any of amounts previously advanced by the Developer and expended by the City in accordance with this Agreement.
3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Developer which are not expended on the purposes set forth in Section 2 above. Such returned funds shall be without interest.
4. Abandonment of CFD Formation Process. The Developer understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty, or agreement by the City to form the District, to annex the Property to any other district or improvement area of the City or to issue any bonds. The City shall have no liability to Developer for its decision not to form the District or issue bonds.
5. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Developer or any of the Developer’s officers, employees, contractors and agents with respect to the formation of the District.
6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses:
Developer BLC Fleming, LLC
100 Bayview Circle, Suite 240
Newport Beach, CA 92660
Attention: Noah Shih
Telephone: (949) 945-2295
City: City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Assistant City Manager
Telephone: (951) 672-6777
Email: [email protected]
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4 5
2 7
3 With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attention: Brian Forbath, Esq.
Telephone: (949) 725-4193
Email: [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
7. Assignment. The Developer may assign its interest in this Agreement at any time provided, however, that the Developer shall provide written evidence of any assignment to the City.
8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law.
9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein.
10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
13. No Third-Party Beneficiaries. No person or entity shall be deemed to be a third-party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer, any rights, remedies, obligations, or liabilities under or by reason of this Agreement.
14. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
15. Termination. This Agreement shall terminate and be of no further force and effect on December 31, 2027 unless expressly amended by the parties; provided, however, that the Developer’s obligations under Section 5 shall survive the termination and the City’s obligation to provide reimbursement in accordance with Section 3 for expenses incurred prior to the termination date shall also survive termination.
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Menifee Mayor and City Council August 3, 2022
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
CITY OF MENIFEE, a political subdivision of the
State of California
By:
Armando G. Villa, City Manager
ATTEST:
By:
Stephanie Roseen, Acting City Clerk
BLC Fleming, LLC
a Delaware limited liability company
By: Bristol Land Company LLC,
a Delaware limited liability company
Its Authorized Agent
By: _____________________________
John R. Patterson
Its Authorized Agent & Signatory
By:
Noah Shih
Its Authorized Agent & Signatory
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Jeffrey T. Melching, City Attorney
Item Title: 10.9
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EXHIBIT A
DESCRIPTION OF PROPERTY
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
Assessor Parcel Nos. (as set forth in the County of Riverside Assessor’s Fiscal Year 2021/22 Roll):
333-020-019
333-020-011
Item Title: 10.9
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Menifee Mayor and City Council August 3, 2022
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Menifee Mayor and City Council August 3, 2022
Item Title: 10.9
Resolution of Intention to Form Community Facilities District No. 2022-3, Legado Item Page Number: 61
Menifee Mayor and City Council August 3, 2022
CITY OF MENIFEE
SUBJECT: Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
MEETING DATE: August 3, 2022
TO: Mayor and City Council
PREPARED BY: Kori Jones, Management Analyst II
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 a professional services agreement with S. Groner Associates, Inc. for consultation services for Senate Bill (SB) 1383 educational and outreach programs in an amount not-to-exceed $79,954; and
2. Adopt a budget amendment resolution carrying forward the SB 1383 local assistance grant budget from fiscal year 2021/22 into the fiscal year 2022/23 budget.
DISCUSSION
California Senate Bill (SB) 1383 places education and enforcement responsibilities on local jurisdictions to ensure their communities are receiving organic waste collection services to comply with the state legislation. Additionally, cities are provided until 2024 to educate and inform the public on these new requirements, absent of issuing related fines or penalty for non-compliance.
To assist with the implementation of SB 1383, CalRecycle has awarded local assistance grant funds to the City in the amount of $141,516. Acceptance of grant funds was approved by City Council June 15, 2022. Funds under the local assistance grant are allowed for use in the procurement of materials/equipment, program development/training, and consultant services.
Funds are prohibited from being used in incentive programs.
As the deadline to ensure compliance and provide public outreach without issuing penalty for non- compliance approaches, City staff issued a Request for Proposals (RFP) to engage a qualified environmental marketing firm to assist in developing a robust education and outreach campaign for residential and commercial outreach efforts. Consultant efforts would include updating Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
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Menifee Mayor and City Council August 3, 2022
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SB 1383 Consultant Bid Award
August 3, 2022
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information on the City’s website to provide the public with information on state requirements, waste reduction education, and available local resources; engaging and training commercial generators on requirements and waste reduction; providing presence at community events, and working in tandem with the City’s waste hauler, Waste Management, to coordinate messaging, waste audits, and overall implementation. The consultant would also be tasked with reviewing the City’s existing SB 1383 programs to provide recommendations for program improvements based on state and local best practices.
On June 8, 2022, the City of Menifee issued RFP No. 2022-17 related to the SB 1383 effort.
Proposal responses were due on June 22, 2022, with a total of six proposal responses received.
An evaluation committee of key City staff members familiarized and experienced in the requirements of the RFP, evaluated the submittals based on specific criteria and scoring parameters stated in the solicitation. The top three scoring firms were interviewed for final recommendation. An overview of scores and proposal costs is provided in the following chart.
Table 1 – RFP Scores
Firm Proposal
Score
(100 pts possible)
Interview
Score
(100 pts possible)
Total
Score of
Top 3
Proposal Cost
S. Groner Associates 89 88.33 177.33 $79,954
SCS Engineers 90.67 73.33 164 $79,953
MSW Consultants 86 74.33 160.33 $138,725
Mind and Mill 78 -- -- $84,620
Tripepi Smith 85.33 -- -- $79,963
Zilo International 66.67 -- -- $73,500
Based on the evaluation criteria and pricing, staff is recommending awarding a professional services agreement to S. Groner Associates, Inc. S. Groner Associates, Inc., is an environmental marketing firm with more than 20 years of experience in educating the public on state and locally mandated recycling programs. The firm is currently assisting with SB 1383 outreach for several other jurisdictions across Los Angeles, Riverside, and Orange counties.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact of a professional services agreement with S. Groner Associates, Inc., is fully funded by the SB 1383 Local Assistance Grant, account no. 301-4660-52854, in an amount not- to-exceed $79,954. Staff is requesting a roll-over of funds allocated from fiscal year 2021/22 to fiscal year 2022/23 as part of a budget amendment resolution.
Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
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Menifee Mayor and City Council August 3, 2022
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SB 1383 Consultant Bid Award
August 3, 2022
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ATTACHMENTS
1. Agreement – S. Groner Associates
2. Budget Amendment Resolution
Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 3
Menifee Mayor and City Council August 3, 2022
2671/031858-0001
7630421.2 a04/06/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
SB 1383 CONSULTANT 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 S. GRONER 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.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 3, 2022 and shall end on August 2, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Sec tion 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 S
tandard of Performance . Consultant represents and warrants that Consulta nt 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 A
ssig nment 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 T
ime . 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 A
uthorization 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 NINE THOUSAND NINE HUNDRED FIFTY FOUR DOLLARS AND ZERO CENTS ($79,954.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
Item Title: 10.10
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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 F inal Payment . City shall pay the last five per cent (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 T
otal Payment . City shall no t 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 R eimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 P ayment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 P ayment upon Termination. In the event that City or Consultant te rminates 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: 10.10
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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 C
ommercial General and Automobile Liability Insurance .
a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection 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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Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
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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. A dditional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional 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. C
laims -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. V er ification 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: SB 1383 CONSULTANT SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. N
otice 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 insura nce 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. A dditional 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 th at coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Item Title: 10.10
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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. V
ariation . 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 R
emedies . In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 I
ndemnification 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: 10.10
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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Se ction 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 S ervices 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 S ervices 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 contributio n to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct Item Title: 10.10
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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 require d 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 P arties 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 profession s.
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 T ermination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 C onsequences 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 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 A ssignment 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 S
urvival . 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 O
ptions upon Breach by Consultant. If Consulta nt materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares Item Title: 10.10
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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consul tant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 C
onsultant’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 I
nspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to Item Title: 10.10
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any other relief to which that Party may be entitled; provi ded, however, that the attorney s’ 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 f or 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 S
everability . 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 S ection 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 N
o 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 S
uccessors and Assigns. The provisions of this Agreement shall inure to t he benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 C onsultant Representative. All matters under this Agreement shall be handled for Consultant by Samantha Concetti, 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.
10.8 C
ity Contract Administration . This Agreement shall be administered by a City employee, Kori Jones, Management Analyst II (“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 N
otices . Any written notice to Consultant shall be sent to:
S. GRONER ASSOCIATES, INC.
Attn: Samantha Concetti, Manager
100 W. Broadway, Suite 290
Long Beach, CA 90802
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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: Kori Jones, Management Analyst II
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 P arties are cumulative and the exercise by either P arty 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 I ntegration . 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 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 E xecution 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 A greement to which said Party is bound.
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10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 N
o 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 N onliability 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 N
o 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 N
o 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 P arties hereto have executed and entered i nto 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
Stephen Groner, President
Thuy Groner, Board 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
Services shall include SB 1383 Consultant Services in the amount not to exceed SEVENTY NINE
THOUSAND NINE HUNDRED FIFTY FOUR DOLLARS AND ZERO
CENTS ($79,954.00) as further detailed in the following page(s).
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SB 1383 Consultant Services
44 SERVICE DELIVERY APPROACH
Please describe the firm’s philosophy for servicing an account and commitment to customer service and quality assurance.
Public awareness projects require extensive planning, broad expertise, and effective solutions. Our experience proves luck has absolutely nothing to do with success. Delivering projects on time and within budget demands constant project management and control. SGA has the know-how to seamlessly and effectively integrate precise project management with tight controls and useful, real-time data on every aspect of the project, including scheduling, performance, and cost.
In our experience, few projects survive implementation realities without some modification, so the only solution is a flexible and intelligent quality management system that allows for easy adaptation and modification. Our foundation for quality project control is open and collaborative communication with all project leaders.
Our project manager will manage the project tasks and quality-check deliverables as produced by our team. SGA has several internal forms we use to monitor performance, budgets, delivery dates, and results. As an additional layer of quality control, Stephen Groner will serve as the Project Director and will be independently reviewing and monitoring the project as well. This quality assurance setup assures the City that two senior-level personnel will be reviewing the work to ensure the public outreach and community engagement efforts exceed its expectations. SGA uses these simple, yet highly effective, methods to ensure high-quality project work gets done on schedule and within budget constraints:
1. Define the project on paper. This may sound obvious, but many projects tend to skip the need to document the details of the project. We will spell out the project’s objectives, scope, assumptions, risks, approaches, and organizational roles. Additionally, estimates will be made about initial efforts, fixed and variable costs, and duration.
2. Create a work plan. We will create a step-by-step work plan, planning horizons and deadlines for measurable deliverables.
3. Define relevant procedures. Here is where all resources are outlined, roles and rules are assigned, and decisions are made as to what technology, equipment, and software applications to use.
4. Monitor the budget. Once work begins, we will keep track of real-time costs.
5. Keep an eye on the schedule. Just as money management can quickly go askew if not carefully tracked, we will monitor our project schedule timeline studiously.
6. Stay alert for early warning signs. Often small variances can creep into a project and derail it entirely. We will be vigilant of any potential issues that can impede the project’s progress.
7. Resolve problems quickly. Every single project has problems. However, we will handle them quickly so they cease to become obstacles to progress.
Describe your firm’s resources or methods to provide education on best practices, trends or hot topics.
As a strategic communication and outreach firm, SGA must stay current on not only pressing environmental issues, but also social, public health, and community issues that can impact participation and attitudes about government programs. The best way to create a more sustainable and just world is to be as informed as possible about current issues.
Nowadays, information is pumped in through all types of sources. From social media to traditional news channels to digital platforms, it can be hard to concentrate on what’s important. Here is SGA’s process for focusing and filtering through the clutter to make sure we stay current on important environmental initiatives, communication trends, and community issues:
Subscribe to Google Alerts
SGA sets up Google Alerts for specific subjects and keywords for environmental, community, and communication issues. We receive an email when Google finds new results for the topics we have Item Title: 10.10
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Item Page Number: 20
Menifee Mayor and City Council August 3, 2022
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45 selected. This has been especially useful for staying on top of news-breaking issues or trending environmental topics.
Subscribe to traditional news sources
We also subscribe to a few trusted traditional news sources to watch or read regularly, being mindful that there are some opinion-oriented and partisan news providers that can slant the stories in ways that are not obviously apparent. Our subscriptions include local, national, and international news sources to ensure that we get the most expansive views.
Listen to podcasts
We have found that listening to various subject-specific podcasts has been perfect for giving us succinct, detailed summaries on these topics. Many of the segments have in-depth conversations or investigations that provide us with different points of view we may not have otherwise considered.
Use social media in a more informative manner
Nowadays, almost everyone uses social media to some degree, whether it be Facebook, Twitter, or LinkedIn. While there can be a downside to spending too much time on social media, it’s not without its benefits. We use social media to stay informed of current events by following the pages of news outlets, organizations, government agencies, nonprofits, and other notable groups to see what is trending and being discussed.
Email news briefings
On most news outlets there is an email option to sign up for a daily briefing outlining the main stories of the day. Reading the newsletters allows our team to quickly peruse the most important current events of the day.
SCOPE OF WORK
Task 1: Assessment of Current Programs and Readiness for Implementation Review and analyze the market research study to understand the perceptions, attitudes, needs, and priorities surrounding recycling and organic waste diversion
Because of our previous and current experience working with many municipalities on organic recycling, we have a good grasp of the various barriers and motivators affecting participation and compliance. We will use this knowledge to help the City develop persuasive messaging and materials. SGA will review any research conducted by the City to develop a baseline of audience understanding with regard to its recycling and diversion program.
1. Conduct compliance gap analysis that will assess the City’s current compliance with organic waste reduction and recycling regulations and identify all actions the City and its franchise hauler have taken or plan to take that will support compliance.
a. Review previous outreach database, meeting notes, and comments and concerns from residents, businesses, and elected officials
b. Conduct review of non-compliant businesses
c. Evaluate prior outreach and communication material
Develop and A/B test messaging
Once our review is complete, we will develop messaging concepts and themes and present them to the City. The messaging will be based on the review and our market research so that we develop messaging that will resonate with the City’s target audiences. We will then test and determine the messaging that resonated most with target audiences. We recommend the message testing be conducted in small groups and then rolled out on a wider scale. This way we don’t develop outreach material with messaging that is ineffective or that does not move the needle towards participation.
Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 21
Menifee Mayor and City Council August 3, 2022
SB 1383 Consultant Services
46 We will also ensure that the messaging resonates with the multicultural community as well. Sometimes the barriers and motivators that affect the general audience do not align with those from multicultural communities.
This is where we do not want to assume. We want to develop messaging that different communities can relate to.
Once all the data has been collected, SGA will compile and analyze the results. We will meet with the City in a work session/conference call to present the findings, take questions, and discuss how the research will be used to develop messaging to address educational/informational areas.
Tasks:
1. Messaging
a. The draft of the initial messaging will be based on key concerns from previous outreach and feedback from the City
b. Incorporate feedback and input from target audiences from any public meetings and workshops c. Present revised messaging to the City for approval
d. Formalize messaging by target audience segments
e. Revise and iterate messaging as priorities change
2. Test Messaging
a. Utilize social media to test message content and engagement b. Iterate and revise messages based on stakeholder feedback c. Evaluate the most successful messaging and utilize it in printed material, website, and digital media
Task 2: Development of Comprehensive Marketing Program for Public Engagement As our qualifications show, we have significant knowledge of various recycling and waste diversion laws and their mandatory compliance efforts. As new mandates and laws are passed, we have helped many municipalities with State laws and regulations including Mandatory Commercial Recycling (AB 341), Mandatory Commercial Organics Recycling (AB 1826), Mandatory Commercial Organics Bins (AB 827), and Short-Lived Climate Pollution Reduction Act (SB 1383).
For each issue, SGA has developed numerous public education, outreach, and awareness campaigns to educate residential and commercial generators about the programs, their requirements to comply, and how to comply.
Our goals are to enact behavior change within the target audiences to increase landfill diversion percentages and to comply with State diversion mandates. We have accomplished this by:
Webpage Updates
1. Review and provide recommendations for website revisions for both commercial and residential audiences including improvements to content, layout, and photos, within the constraints of the current content management system.
Commercial Businesses and Multi-Family Complexes
1. Conduct outreach to commercial businesses required to comply with various mandates by recycling materials, implementing purchasing practices that reduce waste streams, and educating their customers/clients on separating materials into the waste stream categories specific to their business.
2. Conduct outreach to commercial businesses that meet the threshold specific to the compliance mandates that are required to implement a program to divert organic material, including food scraps and landscape material. We have helped businesses with identifying opportunities to separate organic materials from other waste streams, including traditional recyclable materials (e.g., glass and metal) and landfill waste.
3. Develop collateral assets promoting the City’s commercial recycling program and food recovery best practices.
4. Develop easy-to-understand training modules and manuals that City can use to help overcome barriers while promoting motivators. We will use the messaging results to develop the training program.
Item Title: 10.10
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Item Page Number: 22
Menifee Mayor and City Council August 3, 2022
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47 Residential Organics Outreach
1. Develop an educational outreach campaign that targets residents who have the opportunity to divert organic materials (food scraps and landscape trimmings) from the landfill by using their curbside green waste cart/dumpster.
2. Use Community-Based Social Marketing (CBSM) to identify barriers that discourage residents from participating in organics recycling, and identify effective ways to help residents overcome these barriers.
3. Develop education outreach materials that provide residents with simple but effective food recycling information to inform residents how to donate food, purchase less quantity, or food shop better.
4. Assist the City with staffing community events and city-sponsored events.
5. Develop and implement social media and digital ad campaigns that promote the City’s organic recycling program.
Task 3: Additional On-site Program Support
As needed, we will support the City to increase the overall awareness and participation of the City’s waste diversion, recycling, and reduction efforts. The support includes:
Communication and Outreach: As needed, the SGA Team can help the City develop communication and outreach strategies and also recommend a schedule of how the messaging will go out, who it will go to, and when it will be released. The strategies can include campaign slogans, graphic design suggestions, messaging bullet points, and communication platform recommendations taking into account the City’s audiences, budget constraints, return on investment, and tracking KPIs.
Collateral Creation: To support the communication and outreach tasks, we can help the City develop the necessary digital or print collateral. We will collect the necessary data, decide the purpose of the collateral, create draft collateral (brochures, flyers, posters, social media posts, bill inserts, videos, etc.) for the City’s edits and approval, and then deliver the final artwork and native design files to the City.
Special Events and Meetings: Certain tasks may require the coordination of special events or meetings to effectively communicate the benefits of SB 1383 and other waste diversion laws to the public and the media. We will work with the City to staff and organize the events or meetings by drafting talking points, setting up booths or kiosks, developing educational material, obtaining pledges, and getting email signups.
Training: As mentioned previously, we can help the City develop a tailored training program using the results of our research and messaging testing. Rather than rely on general talking points, we want to focus the training on specific motivators and barriers that are affecting the City’s target audiences when it comes to organic recycling and diversion.
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55 COST PROPOSAL & ACCEPTANCE OF PROPOSED AGREEMENT
17 ATTACHMENT A: COST PROPOSAL & ACCEPTANCE OF
PROPOSED CONTRACT/AGREEMENT
For each task during the term of the Agreement, please submit the estimated hours and extended cost for each person assigned to this project. Proposers must submit cost proposals for the complete scope of work. Each cost option shall include all possible direct and indirect costs, travel, insurance, overhead, labor, profit, rebates, contingent commissions, renewal commissions, service fees, and any other expenses.
The City reserves the right to add or remove services over the contract term. The City reserves the right to award the Service(s) listed on this solicitation "individually", by "groups", "all or none", or by any other method as deemed in the best interest of the City.
Please state the firm fixed hourly rates and list the position title for each project team member.
The hourly rates shall be firm for the base term of the contract effective August 3, 2022 – August 2, 2024. Rates shall be fully burdened and include all labor, taxes, profit, general & administrative expenses, overhead, and insurance incurred by the Consultant. The below rates will apply to all Tasks, additional supplemental services or for updates outside of the existing Scope of Work.
Please complete and return Attachment A: Cost Proposal file and provide detailed cost breakdown. Attachment A: Cost Proposal must be completed and uploaded for a complete proposal.
Task Description Price
Task 1: Assessment of Current Programs
1.A Monthly Meetings, Updates, Program Recommendations
1.B Comprehensive Annual/Final Report
Task 2: Marketing Program for Public Engagement
2.A Web Development
2.B Business Marketing/Outreach
2.C Residential Marketing/Outreach
Task 3: Additional On-site Program Support
3.A Commercial site visits (500-1000 businesses)
3.B Booth and Crowd Ambassadors at 2-3 City-sponsored Events
3.C Educational Presentations at 2-3 public meetings
3.D Provide internal staff training as needed
$18,998
$6,656
$15,488
$16,086
$11,596
$1,866
$3,120
$3,120
$1,848
We have included our cost proposal based on the scope of work presented in the RFP . Since the number of some of the deliverables have a wide range (site visits and training), we have given the City unit amounts so it can scale up the number of deliverables as needed. Also, our estimates can be adjusted depending on the simplicity or complexity of the tasks. If awarded the contract, we will work with the City on finalizing the budget, the exact number of deliverables, and the project timeline. We have included a total cost in the format designated in the RFP . We have also included a detailed breakdown of our hourly rates for this position as well as our estimated hours to complete each task.
Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 24
Menifee Mayor and City Council August 3, 2022
SB 1383 Consultant Services
56 18
Additional
Services
Please provide pricing for any additional services not included above
HOURLY RATES:
$1,176General Recycling Program support
RATES
$202.00
$183.00
$183.00
$176.00
$160.00
$160.00
$176.00
$140.00
$138.00
$176.00
$138.00
$160.00
$126.00
$119.00
$119.00
$111.00
$111.00
$131.00
Translation Costs .20/word
EXPENSES
Local Mileage Current Federal Per Diem
Out of Pocket Expenses Billed at Cost + 10%
Copywriter
Outreach Specialist
Social Media Coordinator
Project Administrator
*Staff billing rates are adjusted annually on January
1st based on the regional inflation/cost of living index.
Project Coordinator
Research/Survey Manager
Research/Survey Coordinator
Multimedia Services
Sr. Project Associate
Project Associate
Project Manager
Creative Director
Sr. Project Coordinator
Sr. Graphic Designer
Public Affairs/Media Relations Manager
Graphic Designer
S. Groner Associates
FULLY BURDENED HOURLY RATES*
JOB FUNCTION
Project Director
Sr. Project Manager
APTIM
Aptim’s blended rate will be $170/hr.
Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 25
Menifee Mayor and City Council August 3, 2022
SB 1383 Consultant Services
58 Aptim Aptim
PROPOSED STAFF Stephen
Groner
Tara Dales,
Michelle
Struthers
Ly Nguyen Erin Pang Katie Gala Pablo
Fonseco
Claudia
Vasquez
Arisa
Cleaveland Patti Toews Anastas Belev
JOB FUNCTION Project
Director
Project
Managers
Creative
Director
Sr. Project
Coordinator
Graphics/ Web
Designer Video Editor Sr. Project
Associate
Outreach
Specialist
Project
Manager
Zero Waste
Specialist
HOURLY RATES $202.00 $176.00 $183.00 $160.00 $160.00 $160.00 $126.00 $111.00 $170.00 $170.00 DELIVERABLES/TASKS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS Total Hours Unit Amount Hard Cost Total Units Total Amount Task 1: Assessment of Current Programs and
Readiness for Implementation
Monthly activity updates including, but not
limited to, activity description, number of
participants, engagement, and outreach
effectiveness
2 2 4 $672
1 $672
Review current practices, documents and
agreements to advise on regulatory
compliance with AB 939, AB 341, AB 1826 and
SB 1383.
4 4 2 16 8 6 40 $5,988 1 $5,988
Establish best practices for record keeping and
reporting. 2 2 4 $672 1 $672
Advise on opportunities to enhance
commercial recycling and organics
participation rates
4 4 1 9 $1,672
1 $1,672
Advise on the implementation of City
compliance assistance programs for Businesses
and low-income seniors
4 4 1 9 $1,672 1 $1,672
Identify and provide compliance audits for
businesses 1 1 6 15 23 $3,906 1 $3,906
Assist with Franchise Agreement
administration, including rate review, rate
adjustments and contract amendments
1 1 16 8 26 $4,416
1 $4,416
Comprehensive Annual/Final Report 16 24 40 $6,656 1 $6,656 Hours 12 34 0 34 0 0 0 16 30 29 155
Subtotal $2,424 $5,984 $0 $5,440 $0 $0 $0 $1,776 $5,100 $4,930 $25,654 $0 $25,654 Task 2: Development of Comprehensive
Marketing Program for Public Engagement
Website development and branding of solid
waste and recycling programs; all materials
must be translated into Spanish.
8 8 80 96 $15,488
1 $15,488
1 Direct Mailer to 800 businesses including
letters, flyers, and advertisements 2 1 2 12 17 $2,775 1 $2,775 1 Training video on commercial recycling and
food recovery best practices 2 1 2 40 45 $7,255 1 $7,255 Develop train-the-trainer programs for staff
conducting outreach 4 8 24 36 $6,056 1 $6,056
Artwork for 4 Social Media posts and 1 website
advertisement 2 2 10 14 $2,272 1 $2,272
Marketing materials for logo, slogan, flyer,
social media, and advertising 4 8 40 52 $8,384 1 $8,384 Quarterly newsletter inserts for publication 1 2 4 7 $940 1 Hours 4 27 2 48 142 40 0 4 0 0 267
Subtotal $808 $4,752 $366 $7,680 $22,720 $6,400 $0 $444 $0 $0 $43,170 $0 $42,230 Task 3: Additional On-site Program Support
Commercial site visit and training to 500-
1000 businesses 1 1 4 5 11 $1,866 1 $1,866
Booth and Crowd Ambassadors at 2-3 City-
sponsored Events 4 4 16 24 $3,120 1 $3,120
Educational presentations at public meetings,
community groups, HOA meetings, events 4 4 16 24 $3,120 1 $3,120
Provide internal staff training as needed 4 4 4 12 $1,848 1 $1,848 General Recycling Program support 2 2 4 8 $1,176 1 $1,176 Hours 0 15 0 15 0 0 8 32 4 5 79
Subtotal $0 $2,640 $0 $2,400 $0 $0 $1,008 $3,552 $680 $850 $11,130 $0 $11,130 Direct Cost Sutotal $79,954
Direct Cost $0
Total $79,954
Total $0
SB 1383 Consultant Services_City of Menifee
S. Groner Associates
Staff billing rates are adjusted annually on January 1st based on the regional inflation/cost of living index, local mileage based on federal per diem rates, out of pocket expenses billed at cost plus 10% Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 26
Menifee Mayor and City Council August 3, 2022
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; 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 2022/23 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):
Fire Station #68 Project 301-3742 $329,429
TOTAL: $329,429
Amended Grant Fund FY 2022/23 Revenue Budget: $2,354,639 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):
Fire Station #68 Project 301-3742 $329,429
August 3, 2022 SB1383 Local Assistance Grant:
FY2021/22 Budget Carryover 301-4660-52854 $141,516
TOTAL: $470,945
Amended Grant Fund FY 2022/23 Expenditure Budget: $2,481,155
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
Item Title: 10.10
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Item Page Number: 27
Menifee Mayor and City Council August 3, 2022
Amending the Fiscal Year 2022/23 Grant Fund Budget
SB1383 Local Assistance Grant (FY21/22 Budget Carryover) 2 4
3 9
7 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Amended Grant Fund FY 2022/23 Budget: $2,354,639
Expenditures:
SB1383 Local Assistance Grant $141,516
Amended Grant Fund FY 2022/23 Budget: $2,481,155
PASSED, APPROVED AND ADOPTED this 3rd day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.10
Agreement with S. Groner Associates, Inc. for Education and Outreach Consultation Services on Senate Bill 1383 Related Programs
Item Page Number: 28
Menifee Mayor and City Council August 3, 2022
CITY OF MENIFEE
SUBJECT: Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project
MEETING DATE: August 3, 2022
TO: Mayor and City Council
PREPARED BY: Kori Jones, Management Analyst II
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a construction contract with Construction H, Inc. for the Lyle Marsh Park Permanent Restroom Addition Project, CIP 21- 18 in the amount of $192,950; and
2. Adopt a budget adjustment resolution carrying forward the CIP 21-18 Permanent Park Restrooms Project budget from fiscal year 2021/2022 into the fiscal year 2022/2023 budget.
DISCUSSION
Lyle Marsh Park is located at the corner of Bradley Road and School Park Drive next to Chester Morrison Elementary School. The park features a multi-purpose field, two picnic shelters, and an all-inclusive playground built in 2019. The City built the playground with the intention of installing a permanent restroom in the future which would replace the existing portable restroom and provide a more efficient and accessible facility that can accommodate the level of residents visiting the park.
On December 15, 2021, the City Council approved a contract with CXT Inc. to construct and deliver a prefabricated restroom building for Lyle Marsh Park in an amount not-to-exceed $51,889.
Concurrently, engineering plans and specifications were developed for the installation of the prefabricated building, ADA required site improvements, along with utility connections including water, sewer, and electrical services.
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 1
Menifee Mayor and City Council August 3, 2022
City of Menifee Staff Report
Agreement and Bid Award for Lyle Marsh Park Restroom
August 3, 2022
1 0
9 2
As required by the California Public Contract Code (CPCC), a construction bid was released for the Lyle Marsh Park Permanent Restroom CIP No. 21-18 project that consisted of the following:
Construction of curbs and gutter
Construction 570 sq. ft. of sidewalk
Adherence to ADA requirements
Replacement of impacted pavement markings
Relocation of plant material and irrigation
Furnish and installation of water service (including meter and backflow) Furnish and installation of sewer connection
Furnish and installation of electrical service
Installation of pre-fabricated ADA restroom
The construction bid was advertised for two weeks with an opening date of June 15, 2022. The CPCC states that for public projects, the contract shall be awarded to the lowest responsive bidder. Three bids were received as shown in Table 1. Staff reviewed the submitted bid documents and has determined that the lowest responsive bidder is Construction H, Inc.
Table 1 – Bids Received July 29, 2022
Contractor Amount
Construction H, Inc $ 192,950.00
MLC Constructors, Inc $ 266,630.00
Williamson Development Group $ 277,300.00
Staff is recommending Construction H, Inc. as the lowest responsive bidder. Construction H, Inc., and their electrical sub-contractor, Radman Electric, are California-based companies that hold active registrations with Department of Industrial Relations (DIR). A reference check was conducted on behalf of Construction H, Inc. that provided a positive response.
Construction management for this will be conducted by City staff and labor compliance would be provided by a City consultant. The estimated timeline for project completion is six months. The total project budget is $222,245 and includes other ancillary costs such as labor compliance.
Environmental Impact
The proposed project is anticipated to be Categorically Exempt (“Existing Facilities”) und ether California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301 (Class 1) and (New Construction or Conversion of Small Structures”) Sections 15303 (Class 3).
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 2
Menifee Mayor and City Council August 3, 2022
City of Menifee Staff Report
Agreement and Bid Award for Lyle Marsh Park Restroom
August 3, 2022
1 0
9 2
FISCAL IMPACT
Due to unprecedented escalations in construction costs nationwide, the bid amounts received were each well above the initial estimate of $177,440. The updated total construction cost for the project is estimated at $222,245. Given that the existing project budget is $177,440 additional funding in the amount of $45,805 would be required to fully support the project as summarized in Table 2.
Table 2 – Existing Project Funding
CIP Project Account No. Available Budget Anticipated Cost CS032 Permanent Park
Restrooms
620-4555-58038 $ 177,440 $ 222,245
Unfunded Balance $ 44,805
Staff has identified project savings from two fiscal year 2021/22 park amenity enhancement projects including Calle Thomas Play Trail and Nova Park that can be reprogramed to support the CIP Project No. CS014 Park Lighting. With the reprogramming of funds from these two projects, funding can be reallocated from Project No. CS014 Park Lighting to CIP Project No.
CS032 Permanent Park Restrooms to cover the remaining costs of the Lyle Marsh Park Restroom construction and installation as summarized in Table 3.
Table 3 – Identified Project Funding & Budget Transfer (FY21/22) CIP Project Account No –
Transfer From
Account No. –
Transfer To
Available
Budget
Amount
Requested/
Transferred
CS014 Park
Lighting
511-4555-58024 511-4555-58038 $ 100,000 $ 44,805 CS032 Trails
Connectivity and
Enhancements
512-4555-58036 512-4555-58024 $112,796 $ 44,805
Following completion transfer of the $44,805 from account no. 511-4555-58024 to 511-4555- 58038 the transferred budget would need to be carried forward from fiscal year 2021/22 to fiscal year 2022/23. A corresponding budget amendment resolution is included for approval approving the carry-forward of the additional budget into fiscal year 2022/23.
ATTACHMENTS
1. Construction Contract CIP 21-18
2. Budget Amendment Resolution
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 3
Menifee Mayor and City Council August 3, 2022
290/031858-0008
7645681.2 a03/02/22 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 21-18 LYLE MARSH PARK PERMANENT RESTROOM PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and CONSTRUCTION H, INC. (“Contractor”), whose principal business address is 2766 Carlton Court, San Pablo, CA 94806 on the ________ day of ______________, 20_______.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 21-18 LYLE MARSH PARK PERMANENT RESTROOM PROJECT to be constructed at the Lyle Marsh Park in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 4
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.
8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.11
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.11
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
By:
Name: Alejandro Hernandez, President
(All Titles)______
Its:
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name:
Its:
ATTEST:
By:
Sarah A. Manwaring, City Clerk Contractor’s City Business License No. 1038031
State Contractor License No. & Class
2766 Carlton Court
Street Address
San Pablo, CA 94806
City, State, Zip Code
Item Title: 10.11
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.11
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.11
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EXHIBIT B
CONTRACT PRICE
One Hundred Ninety Two Thousand Nine Hundred Fifty Dollars and Zero Cents ($192,950.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 10
Menifee Mayor and City Council August 3, 2022
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7645681.2 a00/00/00 Page 8
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 11
Menifee Mayor and City Council August 3, 2022
290/031858-0008
7645681.2 a00/00/00 Page 9
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 12
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Item Title: 10.11
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Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 14
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Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 15
Menifee Mayor and City Council August 3, 2022
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; 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 2022/23 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
DIF Fund 511 Adopted FY 2022/23 Revenue Budget: $0
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:
Amended DIF Fund 511 FY 2022/23 Revenue Budget: $0 DIF Fund 511 Adopted FY 2022/23 Expenditure Budget: $0
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
August 3, 2022
CIP 21-18: Lyle Marsh Park Permanent
Restroom
FY2021/22 Budget Carryover
511-4555-58038 $44,805
TOTAL: $44,805
Amended DIF Fund 511 FY 2022/23 Expenditure Budget: $44,805
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
Item Title: 10.11
Agreement and Bid Award with Construction H, Inc. for the Lyle Marsh Permanent Park Restroom Project Item Page Number: 16
Menifee Mayor and City Council August 3, 2022
Amending the Fiscal Year 2022/23 DIF Fund 511 Budget
CIP 21-18: Lyle Marsh Park Permanent Restroom
2 4
3 9
7 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the DIF Fund 511 for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Amended DIF Fund 511 FY 2022/23 Budget: $0
Expenditures:
CIP 21-18: Lyle Marsh Park Permanent Restroom $44,805
Amended DIF Fund 511 FY 2022/23 Budget: $44,805
PASSED, APPROVED AND ADOPTED this 3rd day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
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Menifee Mayor and City Council August 3, 2022
CITY OF MENIFEE
SUBJECT: Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response,
Security Operations Center Services, and Additional Licenses MEETING DATE: August 3, 2022
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, Information Technology Supervisor REVIEWED BY: Ron Puccinelli, Information Technology Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to issue a purchase order to SHI International Corp. in the amount of $117,836.47, including tax and delivery, for the purchase of cloud-based cybersecurity event log aggregation, threat detection and response, and Security Operations Center services (SOC-as-a-Service); and
2. Authorize an additional amount not-to-exceed $5,000 for additional licenses required to support City staff and server growth; and
3. Authorize the purchase to be made under the cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) through the OMNIA Partners, Public Sector No. 2018011-02 contract.
DISCUSSION
In May 2021, the City of Menifee Information Technology (IT) Department partnered with Arctic Wolf, Inc., a market leader in security operations, to provide concierge security operation services as an extension of the IT Department. In the year following the City’s initial agreement with Arctic Wolf, Inc., the overall platform performance had exceeded its value and expectations within weeks of installation. Arctic Wolf, Inc. brought forward issues to the IT Department that could arise and threatened the organization’s security. Based on that information, City staff quickly acted on the recommended changes to reduce the organization’s vulnerability, which help pave the way for new initiatives to improve the City’s security posture.
As constant vigilance is required to reduce the risks or impacts of future incidents, the IT Department requests authorization to continue utilizing Arctic Wolf, Inc.’s services to provide Item Title: 10.12
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, Security Operations Center Services, and Additional Licenses Menifee Mayor and City Council August 3, 2022
City of Menifee Staff Report
Arctic Wolf Inc., Security Operations Center Services Agreement August 3, 2022
1 1
2 6
network security monitoring, vulnerability scanning, and pro-active threat response services.
These services monitor, detect, and respond and inform IT staff of security events on the hundreds of devices the City relies on in providing services to residents and businesses.
Under the proposed services agreement, Arctic Wolf, Inc. would continue to provide security log monitoring, incident alerting, remediation support, vulnerability scanning, and log retention services. The City receives 24/7 security monitoring of City systems and user activity. When threats are detected, security incidents are rapidly classified using Artificial Intelligence (AI), and a Concierge Security Team (CST) dedicated to the City immediately commences containment, significantly reducing the impact on City operations.
SHI International Corp. resells Arctic Wolf, Inc. subscription services through an OMNIA Partners, Public Sector contract (contract no. 2018011-02). The OMNIA program provides competitively bid information technology systems and services through a nationwide cooperative agreement available for Cities to participate in. These agreements, which the City regularly uses when available, expedite purchases and ensure best available pricing. Therefore, it is recommended a Purchase Order (PO) be issued to SHI International Corp. based on the attached quote.
Cooperative purchases are allowed pursuant to the Menifee Municipal Code Section 3.12.70(6).
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact for the Arctic Wolf Security Operations Center Services licenses is $122,836.47 ($117,836.47 for existing license renewal and $5,000 for additional licenses.) This proposed purchase has been budgeted in the fiscal year 2022/23 budget, IT Department – Cybersecurity account no. 110-4115-51354. A summary is shown in table 1 below.
Table 1
FUND ACCOUNT PURCHASE AMOUNT
IT – Cybersecurity 110-4115-51354 $122,836.47
No additional budget appropriation action(s) are required.
ATTACHMENTS
1. SHI International Corp – Arctic Wolf Platform Licenses Quote Item Title: 10.12
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, Security Operations Center Services, and Additional Licenses Menifee Mayor and City Council August 3, 2022
Pricing Proposal
Quotation #: 22245388
Created On: 7/13/2022
Valid Until: 7/29/2022
CA-City of Menifee Inside Account
Executive
Michelle Sarkissian
29714 Haun Rd
Menifee, CA 92584
United States
Phone: 951-723-3778
Fax:
Email: [email protected]
Michael Klotz
300 Davidson Ave
Somerset, NJ 08873
Phone: 732-652-7670
Fax: 732-652-3099
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Arctic Wolf 200 Series Sensor
Arctic Wolf Networks - Part#: AW-MDR-2XX-S
Coverage Term: 7/21/2022 – 6/20/2023
2 $2,599.00 $5,198.00
2 Arctic Wolf Sensor/Scanner Shipping
Arctic Wolf Networks - Part#: AW-SHP
2 $120.00 $240.00
3 Arctic Wolf MDR user license
Arctic Wolf Networks - Part#: AW-MDR-USER
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
400 $112.38 $44,952.00
4 Arctic Wolf MDR server license
Arctic Wolf Networks - Part#: AW-MDR-SE
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
50 $112.38 $5,619.00
5 Arctic Wolf MDR Log Retention - 1 year
Arctic Wolf Networks - Part#: AW-MDR-1YR
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
450 $8.99 $4,045.50
6 Arctic Wolf 200 Series Sensor
Arctic Wolf Networks - Part#: AW-MDR-2XX-S
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
12 $1,872.97 $22,475.64
7 Arctic Wolf MDR Office 365 user license
Arctic Wolf Networks - Part#: AW-MDR-O365
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
400 $14.05 $5,620.00
Item Title: 10.12
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, Security Operations Center Services, and Additional Licenses Menifee Mayor and City Council August 3, 2022
8 Arctic Wolf MDR Log Search
Arctic Wolf Networks - Part#: AW-MDR-LS
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
450 $8.99 $4,045.50
9 Arctic Wolf Managed Risk user license
Arctic Wolf Networks - Part#: AW-MR-USER
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
400 $56.19 $22,476.00
10 Arctic Wolf Managed Risk server license
Arctic Wolf Networks - Part#: AW-MR-SE
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
50 $53.78 $2,689.00
11 Arctic Wolf Platform
Arctic Wolf Networks - Part#: AW-PLATFORM
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2022 – 6/20/2023
450 $0.00 $0.00
Subtotal $117,360.64
Shipping $0.00
*Tax $475.83
Total $117,836.47
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions , unless a separate resale agreement exists between SHI and the Customer.
Item Title: 10.12
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, Security Operations Center Services, and Additional Licenses Menifee Mayor and City Council August 3, 2022
CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
MEETING DATE: August 3, 2022
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the public improvements for streets/drainage, water system, and sewer system for tract map 37136, Rockport at Heritage Lakes, located west of Briggs Road and north of McCall Boulevard; and
2. Approve the 90% bond reduction for the posted security improvements.
DISCUSSION
Lennar Homes of California, LLC (“Lennar”) is the developer of Rockport at Heritage Lakes Tract Map (“TM”) 37136, a residential housing tract consisting of 19.32 gross acres of land subdivided into 80 lots for residential use. TM 37136 is located west of Briggs Road and north of McCall Boulevard as depicted in the attached project map. As part of the development requirements, Lennar constructed streets and drainage, water system, and sewer system improvements.
Lennar has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements and have determined that the improvements have been constructed in accordance with City specifications and standards, and that all project conditions of approval have been met to release 90% of the posted security improvements. The remaining 10% will be held as warranty for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 on the following page.
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 1
Menifee Mayor and City Council August 3, 2022
City of Menifee Staff Report
TM 37136 Bond Reduction
August 3, 2022
1 1
1 6
Table 1 - Original Posted Security Improvements
Improvement Security Faithful Performance Labor &
Materials
Streets/Drainage 024239249 $1,924,500 $962,250
Water System 024239249 $285,000 $142,500
Sewer System 024239249 $399,000 $199,500
Total $2,608,500 $1,304,250
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved fiscal year 2022/23 operating budgets in Community Facilities District (CFD) 2015-2, Zone 12.
ATTACHMENTS
1. Project Map
2. Security Improvement Agreements and Bonds
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 2
Menifee Mayor and City Council August 3, 2022
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 3
Menifee Mayor and City Council August 3, 2022
AGREEMENT
FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
TRACT 37136
This Agreement for Construction of Road and Drainage lmprovements ('Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafier called City, and Lennar Homes of Califomia lnc., a Limited Liability Company, hereinafter called Developer.
WITNESSETH:
FIRST Developer, as part of the City's consideration of the final map for that cedain land division known as Tract iiap 37136 , hereby agrees, at Develope/s own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordanc,e with those Road Plans for said land division which have been approved by the City Engineel a copy of which are on file in the ofiice of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successoG which are hereby expressly made a part of this Agreement.
All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.
Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.
TheestimatedcostofsaidworkandimproVementsisthesumof@
Thoqsand Five Hundred and no/100, Dolla rSt .00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, chaEes, and taxes arising out of construclion of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees refened to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incuned by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attomey's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any $1,
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 4
Menifee Mayor and City Council August 3, 2022
acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contrac{ors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incuned by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful miscondud of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elec{ed ofiicials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the inevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs') incuned by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.
FIFTH: The Developer shall provide adequate notice and waming to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protec't all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 5
Menifee Mayor and City Council August 3, 2022
bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The peBons executing this Agreement on behalf of the parties hereto wanant that they are duly authorized to execute this Agreement on behatf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement- Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 6
Menifee Mayor and City Council August 3, 2022
TheAgreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
Aily Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Lennar Homes of California lnc.
980 Montecito Dr. Suite 302
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 7
Menifee Mayor and City Council August 3, 2022
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: VAq Ag ,2019 By: Lennar Homes of California lnc
Callforn ia Limited Liability Company
lts Manager
Dated S€plr,- brr /B ,2019 CITY OF MENIFEE
By
athan G. Smith, Publ Works Director/
City Engineer
CITY OF MENIFEE
-)/
Bill Ziflmerman, Mayor
APPROVED AS TO FORM:
Man n , City Cle lching, rney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
By
ATTEST:
B
t
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 8
Menifee Mayor and City Council August 3, 2022
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctvtl CODE 5 1189 A notary public or other officer
to which this certificate is atta
completing this certificate verifies onlythe identity of the individualwho signed the documentched, and not the truthfulness, accuracy, or validity of that document.
State of Californ
Co
On
Dote
personally appeared
unty
before 6
Nome Title of Officer
Nome/s/ of Signe(s)
JODIE ATHA
Notary Public - California
I Riverside CountY
Commission # 2230896
My Comm, ExPires Feb 11,2a22
Ploce Notory Seol ond/or Stomp Above
I certiff under PENALTY OF PERJURy under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
of Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document orfroudulent reottachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Numberof Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
tr Corporate Offlcer - Title(s):
tr Partner- tr Limited tr General
tr lndividual tr Attorney in Fact
u Trustee o Guardian of Conservator
Et Other:
Signer is Representing:
Signer's Name:
tr Corporate Officer - Title(s):
tr Partner- tr Limited tr General
tr lndividual
tr Trustee
tr Other:
tr Attorney in Fact
tr Guardian of Conservator
@2Afi National Notary Association
Signer is Representing:
)
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 9
Menifee Mayor and City Council August 3, 2022
AGREEMENT
TRACT 37136
FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement for Construction of Water System lmprovements ("Agreement') is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of California lnc., a Limited Liability Company, hereinafter called Developer.
WTNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 37{36, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materialsnecessarytoperformandcomplete,within@fromthedatethis Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all n6cessary pipes, valves, fire hydrants, conneclions and appurtenances necessary to the satisfac{ory operation of saiO distiibution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eaetern Municipal Water District, to connect with the distribution system described above with ail pipe taii at sucn a aeptn as to provide a fully{hirty six inch (36') minimum cover from the top of the pipe to street grade, unless otheruise specified by the City Engineer, office of the City of Menifee Engineering bepartment, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to ihe sitisfaction of the City Engineel and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required imprwements for a period of one year following acceptance by the City, and during. this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective miterials fuinished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is Dollars, $ 285.000.00 , ("Estimated Cost").
Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessa ry and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, inciuding, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecling the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any ofiicer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its the sum of Two Hund Eiqhtv Five Thousand and no/l00,
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 10
Menifee Mayor and City Council August 3, 2022
agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
DLveloper shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of ac'tion, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, ani the reimbursement of City, its elected ofiicials, ofiicerc, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or wiltful misconduct of City as determined by a court or administration body of competent jurisdiaion. beveloper's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvemenls. This permission shall terminate in the event that Developer has completed work within ihe time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attomeys' fees and litigation cost) ('Completion Costs') incuned by the City in connation with ensuring that the work contemilated by this Agreement. Developer shall remit such completion Costs tolhe City no more than thirty (30) days of the date tnat the City notifies Developer of such Completions Cost. Failure to remit the dompleiion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law ihcluding the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Gost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protec't all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours befoie beginning any work. Developer shall provide the City Engineer or his designee reasonanie access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developel its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to atl other rights and remedies available to City under this Agreement or the law The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 11
Menifee Mayor and City Council August 3, 2022
sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufiicient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufiicient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Develope1 and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, tem or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the mafters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attomeys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incuned by the prevailing party in connection therewith, at trial and all appellate proceedings.
THTRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by thisAgreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 12
Menifee Mayor and City Council August 3, 2022
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each ofthe proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transfened.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
q.ity Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Lennar Homes of California lnc
980 Montecito Dr., Suite 302
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENW-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 13
Menifee Mayor and City Council August 3, 2022
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: a ,2019 By: Lennar Homes of California
Limited Liability Company
Its Manager
,
Da
CITY OF MENIFEE
ATTEST
*pIy-:iry*yctr i{",n{l- |
CITY OF MENIFEE
By
J
t
n G. Smith, P br rc Works Director/u
ity Engineer
APPROVED AS TO FORM:
J ry Melching, C
By
hManwa g, lerk
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
1 a, ^rirh/
Bill Zm{trhdan, Mayor
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 14
Menifee Mayor and City Council August 3, 2022
CATIFORNIA ALT.PURPOSE ACKNOWLEDGMENT ctvtL coDE 5 1189 A notary public or other
to which this certificate
officer completing this certificate verifies onlythe identity of the individualwho signed the document is attached, and not the truthfulness, accuracy, or validity of that document.
State of Cal ia
unty of )Co
On
Dote
personally appeared
JODIE ATHA
Notary Public - California
Riverside County
eomrnission c 2230896
My Cornm. Expires Feb I l. 2022
Ploce Notory Seol ond/or Stomp Above
ond Title the Officer
Nome(s) of Signe(s)
I certiflT under PENALTY OF PERJURy under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
of Notory Public
ffi€,
ed
ai2
OPTIONAL
Completing this information con deter olterotion of the document orfraudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Numberof Pages:_
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
tr Corporate Officer - Title(s):
tr Paftner- tr Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee n Guardian of Conservator
tr Other:
Signer is Representing
Signer's Name:
tr Corporate Officer - Title(s):
tr Partner- tr Limited tr Generat
tr lndividual
tr Trustee
tr Other:
tr Attorney in Fact
n Guardian of Conservator
A2Afi National Notary Association
Signer is Representing:
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 15
Menifee Mayor and City Council August 3, 2022
AGREEMENT
FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
TRACT 37{ 36
This Agreement for Construction of Sewer System lmprovements ('Agreement') is made and entered into by and bet reen the City of Menifee, State of Califomia, hereinafter called City, and Lennar Homes of Califomia lnc. a Limited Liability Company, hereinafter called Developer.
WTNESSETH:
FIRST Developer, as part of the City's consideration of the final map for that certain land division known as Tract 37136, nereby agiees, at Developer's own cost and expense, to furnish all labor, equipment and matfiililcessary to ircrtorm and complete, within @ from the date this Agreement is executed,'in a good and workmanlike manner, a sanitary sewer distribution system, complete *ith all n"cessary pipes, manlroles, cleanouts, connections and appurtenan@s necessary to the satisfactory operation of saiA Aisirilution sanitary sewer system. Deleloper further, to extend main,or main or mains from the existing sewer system maintained and operated by Eastern MuniciPil,Watpr Distric!, to connect w. ith the sanitary sdwer system required to be constiuc{ed by this Agreement. All the above- required work shall be in accordince with ihose plans and specifications which have been approved by the City Engineer, office of the City of Menifee Engineering Depariment, and do all work incidental thereto in accordance with the standards sei tortt in Riverside Cou*y Oidinance No.460 and Gity Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the abole required work shall be done under the inspection ot an'a to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements forl period of one year following acceptance _by the City, and during this one year period to repair or replace, to the satisfac{ion of the City Engin€er, any.defeclive work or labor done or iefeAive materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and im-frovements is the sum of Three Hundred Ninetv Nine Thoqsq.nd 4nd n9rl00.Dollars. $ 39q.q0p'pp' ('Estimated Cost'). Prior to conrrnencingrany work, Developer shall, at its sole cost, expense,-and liability' i,Ot"in
"fi
nec"ssary permits and licenseJand give all necessary and incidental notices required for the lawful construction of the-work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to DeveloPer.
SECOND: Developer agrees to pay to City the actual cost of such inspec{ions of the work and improvements as may be iequirea Uy tne City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arijing out of construction of the work performed pursuant to this Agreement, inctuding, but not-limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construc{ion of said work. These fees must be paid in full prior to approval of the final map and improvehent plans, unless such fees have not yet been assessed and are not yet due and payable The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Dweloper from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvementsl all iosts and ieasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attomey's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acrts or omissions of Developer, its Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 16
Menifee Mayor and City Council August 3, 2022
agents or employees, in the perfomance of the work, and all or said liabilities are assumed by Developer.
D-eveloper shalt iefena, indemnify, and hold harmless City, its elec{ed ofiicials, officers, employees, agents, and volunteers from any and ill actual or alleged claims, demands, causes of ac{ion, liability, loss' administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in conne&ion with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses' inil the reimbursement of City, its -lected ofiicials, officers, employees, and/or agents for all legal expenses, and cost incuned by each of-them. This indemnification excludes only such portion oJ any claim, -a9T"n9, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by tne negligence or wilttut misconduct of City as determined by a court or administration body of competent jurisiiaion. biveloper's obligation to indemnify shall survive the expiratio.n or termination of this Agreement, ana shatt not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additionil ionsent upon the lands of the subject land division for the purpose bi compteting the improvemenis. This permission shall terminate in the event that Developer has completed work within Ine time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, Costs, liabilities, and fees (including attorneys' fees -nd litigation cost) ("Completion Coits") incuned by the City in connation with ensuring that the work contemilated by this Agreement. Developer shall remit such completion Costs to_the City no more than.thirty tSO) JiVt of tne dati that the City noiifies Developer of such Completions Cost. Failure to remit the dorpi"iion Costs in a timely matter ihall result in the City having the right to.invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condiiion caused or created by the construction of tle works of improvement at all tirires up to the completion and formal acceptance of the works of improvement. T,he Developer shall protecl "ii p"oonr from such hazardous or dangeious conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at leasl forty eight (48) hours before begin-ning any work. Developer shall provide the City Engineer or his designee reisoiaOie access to facilities fo-Uta-ining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same' SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which f."r" f"jn granted by City, or if Developer violates, neglects, refuses, or fails to perflrm satisfactorily any of the provisio-ns of the'planl and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineel to terminate all rights of Developer as a result of such default. The determination by the City Enlineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or 6ave not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in iddition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 17
Menifee Mayor and City Council August 3, 2022
sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure lhe claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufiicient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be afiected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attomeys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incuned by the prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 18
Menifee Mayor and City Council August 3, 2022
permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form offinancial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
TheAgreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Sec'tion, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transfened.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all ofthe pafies had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
aiu Developer
City of Menifee
29714 Haun Road
Menifee, CA 92586
Lennar Homes of California
980 Montecito Dr., Suite 302
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Pafi to assign any right or obligation.
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 19
Menifee Mayor and City Council August 3, 2022
lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: fnAq QK ,2019J
By: Lennar Homes of California, lnc
Limited Liability Company
Its Manager
?
(#,,,
oatei_Wtu*,fur f ('crs CITY OF MENIFEE
By.
an G. Sm , Pub ic Works Director/
ity Engineer
CITY OF MENIFEE
, Mayor
APPROVED AS TO FORM:
By:
Manwari g, J lching, C
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
By
Bilt
ATTEST
eyle
-f Kh,-
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 20
Menifee Mayor and City Council August 3, 2022
CALIFORNIA ALT.PURPOSE ACKNOWLEDGMENT ctvtL CODE 5 1189 A notary public or other officer
to which this certificate is atta
completing this certificate verifies only the identity of the individual who signed the documentched, and not the truthfulness, accuracy, or validity of that document.
State of Cal
County of fundr, )
On
Dote
personally appeared
before me,
Nome Officer
Nome(s) Signe(s)
z.
Ie,
JODIE ATHA
NotarY Public - California
Riverside CountY
Commission # 2230896
My Comm. ExPires Feb 1 1, 2022
Ploce Notory Seol ond/or Stomp Above
I certiff under PENALry OF PERJURy under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
of Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document orfroudulent reottachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies| Claimed by Signer(s)
Signer's Name:
tr Corporate Officer - Title(s):
tr Partner- tr Limited tr General
tr lndividual tr Attorney in Fact
EI Trustee n Guardian of Conservator
tr Other:
Signer's Name
tr Corporate Officer - Title(s):
tr Partner- tr Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee u Guardian of Conservator
tr Other:
A2Ofi National Notary Association
Signer is Representing:
the same
on the instrument the
subscribed
or the entity
Title of
to be the
Signer is Representing:
Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 21
Menifee Mayor and City Council August 3, 2022
LENNAR HOMES OF CALIFORNIA, INC.
CERTIFICATE OF INCUMBENCY
MARCH 22,2016
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of LENNAR HOMES OF CALIFORhIIA, INC., a Califbrnia corporation (the "Corporation"), hereby certifies that:
l. Geoff Smith is a duly elected, qualified and acting Authorized Agent of the Corporation, serving continuously in such capacity since his election on January 7,2015;
2. As a Authorized Agent of the Corporation, the foregoing individual has the power and authority in the name and on behalf of this Corporation to execute and deliver documents for the County of Riverside, State of California, including subdivision development agreements, subdivision improvement bonds and extension of time agreements, purchase agreements, subcontractor agreements, bond agreements, utility agreements, permitting applications and other routine community documents necessary in connection with the business of the Corporation; and
'
3. The authorities hereby conferred shall be deemed retroactive, and that any and all actions by Geoff Smith in his capacity as an Authorized Agent of the Corporation that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confinned in all respects.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Incumbency on behalf of the Corporation effective as of the date first written above.
Secretary
STATE OF FLORIDA
COUNTY OF MIAMI.DADE
Sworn to and subscribed before me this 22nd day of March,2016, by Mark Sustana, the Secretary of LENNAR HOMES OF CALIFORMA, INC., a California corporation, on behalf of the Corporation. He is personally known to me and did not take an oath.
CHARTES GAMBLE
Publlc, SlateolFbdda
Commlrdon #EE8!mag
tly Gomilhshn Ergfrs ilor.7,20.l0 NOTARY PUBLIC, State of Florida Item Title: 10.13
Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 22
Menifee Mayor and City Council August 3, 2022
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 23
Menifee Mayor and City Council August 3, 2022 Page 350 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 24
Menifee Mayor and City Council August 3, 2022 Page 351 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 25
Menifee Mayor and City Council August 3, 2022 Page 352 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 26
Menifee Mayor and City Council August 3, 2022 Page 353 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 27
Menifee Mayor and City Council August 3, 2022 Page 354 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 28
Menifee Mayor and City Council August 3, 2022 Page 355 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 29
Menifee Mayor and City Council August 3, 2022 Page 356 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 30
Menifee Mayor and City Council August 3, 2022 Page 357 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 31
Menifee Mayor and City Council August 3, 2022 Page 358 of 359
Item Title: 10.13 Acceptance of Public Improvements and Security Bond Reduction for Tract Map 37136, Rockport at Heritage Lakes, by Lennar Homes of California, Inc.
Item Page Number: 32
Menifee Mayor and City Council August 3, 2022 Page 359 of 359