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Extending the County’s improvement project to include the city’s portion would provide for consistent improvements along Leon Road beginning at Scott Road and continuing to approximately 1,500 feet north of Keller Road, as depicted in the Project Location Map. By allowing the County to complete the improvements on behalf of the City, the City is able to take advantage of economies of scale in project mobilization and material pricing while also minimizing traffic impacts that would otherwise occur if separate projects were undertaken. The improvements would provide full road width resurfacing along the shared portion of Leon Road.
To authorize the County to proceed with the improvements, the City and County must enter into a service agreement to memorialize the roles, responsibilities, and reimbursement requirements for the County to complete the improvements on behalf of the City within city boundaries. The agreement would establish reimbursement for costs of the improvements in an estimated amount of $46,170. The estimated project costs are summarized in Table 1 below.
Table 1 – Estimated Resurfacing Cost
Task Cost
Construction – Engineer’s Estimate $ 36,170
Ancillary - Admin., Inspection, Testing, etc. $ 10,000 Total *$ 46,170
*Final construction costs will be determined upon the County’s receipt of bids.
With adoption of the recommended budget adjustment resolution (“BAR”), savings in fiscal year 2021/22 from the completed McCall Resurfacing Project general fund budget would be re- allocated to the resurfacing project to support reimbursement to the County. Further details can be found on Table 2 of the Fiscal Impact section of this report.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
Approval of this service agreement would require the City to reimburse the County for improvements made on Leon Road in the amount of $46,170. Funding to support the reimbursement of the improvements is available from project savings in fiscal year 2021/22 as summarized in Table 2 below.
Table 2 – Identified Project Savings
Fund Project Total Project Savings Amount
Requested
General McCall Resurfacing $108,773 $60,000
Total $108,773 $60,000
Adoption of the BAR would reallocate $60,000 from the completed fiscal year 2021/22 McCall Resurfacing Project in general fund to a new project account (Account No. 100-4555-58158, PMP 23-02 Leon Road Micro-Surfacing Project) for the reimbursement to the County. In the event the Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 2
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construction bidding results in project costs that exceed the estimated City reimbursement amount, both agencies would work to identify alternative methods to either proceed with the full project up to $60,000, or forego the improvements on the City’s portion of Leon Road.
ATTACHMENTS
1. Project Location Map
2. Agreement
3. Budget Adjustment Resolution
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 3
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\LeonRdMicrosurfacingImprovements\LeonRdMicrosurfacingImprovements.aprx Date: 8/11/2022 Leon Road Microsurfacing Improvements
Project Location Map
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 4
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Leon Rd. Microsurfacing Improvements
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29 SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF MENIFEE
FOR
LEON RD.
MICROSURFACING IMPROVEMENTS
This Agreement is entered into this ______ day of _______________________, 2022, by and between the County of Riverside, a political subdivision of the state of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Menifee, a municipal corporation, (hereinafter “CITY”) for Microsurfacing improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.
RECITALS
A. WHEREAS, CITY has determined to seal the existing asphalt surface on a segment of Leon Rd. from 1500’ N Keller Rd. to Scott Rd. (approximately 3,797 linear feet by 14 feet wide) in the Menifee area of Riverside County (“CITY PROJECT”); and
B. WHEREAS, CITY has determined that it requires construction services to place the Microsurfacing on Leon Rd. as shown in Exhibit A and that a Microsurfacing will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface; and
C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal of random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers; and
D. WHEREAS, COUNTY has Microsurfacing improvement projects within the jurisdictional boundaries of COUNTY, which Microsurfacing improvement projects are sometimes hereinafter referred to collectively as “COUNTY PROJECT”.
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 5
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29 E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects.
F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.
G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:
SECTION 1 • COUNTY AGREES to:
1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available.
2. Furnish CITY with detailed Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT.
Final plans for improvements are prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents, which approval shall not be unreasonably withheld.
3. Direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E.
4. Direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.
5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state and local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 6
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29 construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY.
6. Furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.
7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
8. Construct the CITY PROJECT in accordance with approved PS&E documents.
9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change.
10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.
11. Provide CITY one complete set of reproducible as-built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.
SECTION 2 • CITY AGREES to:
1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 7
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29 Exhibit “B”, CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1.
2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Forty Six Thousand One Hundred Seventy Dollars and No Cents ($46,170.00) (the “Deposit”), which represents one hundred percent (100%) of the costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit “B”.
3. Prepare and approve California Environmental Quality Act (CEQA) clearance for the CITY PROJECT.
COUNTY will prepare and approve CEQA clearance for the COUNTY PROJECT.
4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.
5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.
6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.
7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 10 of Section 1.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY may award the contract.
2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 8
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2022
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29 within forty-five (45) days of termination.
3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.
4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a ten percent (10%) contingency for CITY PROJECT is estimated to be Forty Six Thousand One Hundred Seventy Dollars and No Cents ($46,170.00) as detailed in Exhibit “B”.
5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.
7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the Microsurfacing improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.
COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.
COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.
8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 9
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2022
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29 9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.
13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon ninety (90) days written notice to CITY.
14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.
15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 10
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September
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2022
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29 Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:
COUNTY: CITY:
Riverside County Transportation Department City of Menifee Attn: Mark Lancaster Attn: Carlos Geronimo
Director of Transportation Principal Engineer
4080 Lemon Street, 8th Floor 29844 Haun Rd.
Riverside, CA 92501 Menifee, CA 92586
Phone: (951) 955-6740 Phone: 951.672.6777
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 11
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2022
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:
COUNTY COUNSEL
By______________________________________
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________
JEFF HEWITT
Chair, Riverside County Board of Supervisors
ATTEST:
_______________________________________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF MENIFEE Approvals
APPROVED BY:
_____________________________________
City Manager
APPROVED AS TO FORM:
_____________________________________
City Attorney
ATTEST:
_____________________________________
City Clerk
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 12
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2022
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29 EXHIBIT A
VICINITY/CITY PROJECT MAP
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 13
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29 EXHIBIT B
CITY PROJECT BUDGET
COST ESTIMATE:
TASK COST
Construction $36,170.00
Contingency (10%) $4,000.00
Administration, Inspection & Testing (15%) $6,000.00
TOTAL COST $46,170.00
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 14
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September
21,
2022
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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:
General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:
Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
September 21, 2022
FY21/22 Budget Carry-over –
PMP 23-02 Leon Road Micro-
Surfacing Project
100-4555-58158 60,000
TOTAL: $157,675
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 15
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September
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Amending the Fiscal Year 2022/23 General Fund Budget
FY21/22 Carry-Over- McCall to Antelope PMP
Amended General Fund FY 2022/23 Expenditure Budget: $68,139,721
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the General 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:
Expenditures:
PASSED, APPROVED AND ADOPTED this 21st day of September 2022.
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney 2 Amended General Fund FY 2022/23 Budget: $67,933,273 FY21/22 Budget Carry-over – PMP 23-02 Leon Road Micro-
Surfacing Project
$60,000
Amended General Fund FY 2022/23 Budget: $68,090,948
Item Title: 10.19
Agreement with County of Riverside Transportation Department for Micro-surfacing Improvements on Leon Road Item Page Number: 16
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September
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2022
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Roadway Engineering & Construction Corporation for the Pump Track Street
Expansion Project
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a construction contract with Roadway Construction & Engineering Corporation for the Pump Track Street Expansion Project, CIP 17-01 in the amount of $466,042; and
2. Adopt a budget amendment resolution for expenditure appropriation in the amount of $304,344 from available fund balance from Fund 522 DIF – Citywide Park Improvements to account no. 522-4555-58052.
DISCUSSION
On March 17, 2021, the City Council approved the design and engineering contract of the Evans Park Pump Track and Bike Trails, now named the Gale Webb, Kids-R-#1, Action Sports Park, located on a six-acre lot on the southeastern corner of Evans Road and Craig Avenue. The pump track includes multiple tracks of various skill levels and will be a premiere alternative sports facility within the region.
As part of the project, the city engineering team identified the need for property improvements to support public access to the facility such as improving Craig Avenue from Evans Road east along the southern portion of the park to have a full sidewalk, curb, gutter, and widening of the road.
The improvements also support parking and the future installation of additional amenities such as a multi-stall restroom facility and shade structures.
Using the city’s on-call list and staff recommendation, City council approved an agreement with Kimley Horn in the amount of $54,730. The Kimley Horn’s approved plans include the design of the base map, concept design, construction drawing, utility correspondence with Eastern Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 1
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September
21,
2022
Page
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City of Menifee Staff Report
Agreement and Bid Award for the Pump Track Street Expansion Project September 21, 2022
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Municipal Water District (EMWD) and the design for the extension of curb, gutter, and sidewalk on Craig Avenue to provide ADA access to the facility.
As required by the California Public Contract Code (CPCC), a construction bid was released using the plans from Kimley Horn for the CIP 17-01 Pump Track Street Expansion Project. The project consists of construction and installation of improvements along the southern section of the pump track on Craig Avenue including curb, gutter, driveway approach, an expansion of the roadway, and a new water line service.
The construction bid was advertised for two weeks with a closing date of September 7, 2022. The CPCC states that for public projects, the contract shall be awarded to the lowest responsive bidder. Four bids were received as shown in Table 1. Staff reviewed the submitted bid documents and has determined that the lowest responsive bidder is Roadway Engineering & Construction Corporation.
Table 1 – Bids Received September 7, 2022
Contractor Amount
Roadway Engineering & Construction Corp. $466,042
RE Chaffee Construction $512,255
MLC Contractors Inc. $538,166
All American Asphalt $632,741
Staff is recommending Roadway Engineering & Construction Corp. (Roadway) as the lowest responsive bidder. Roadway is a California based company that holds an active registration with Department of Industrial Relations (DIR). A reference check was conducted that provided a positive response.
Construction management for this would be conducted by City staff and labor compliance would be provided by a city consultant. The estimated timeline for project completion is fall 2022. Without the completion of this project, the park would not be able to be opened to the public. If approved, the total project budget would be $499,344 and includes other ancillary costs such as labor compliance.
The proposed Project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301 (Class 1 - Existing Facilities) as it involves the curb, gutter, driveway approach, and the expansion of the roadway and new water line service, with no expansion of the existing use.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The total construction costs for the project are estimated at $499,344. Given that the existing approved project budget is $195,000, additional funding in the amount of $304,344 would be required to fully support the project as summarized in Table 2 on the following page.
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 2
Menifee
Mayor
and
City
Council
September
21,
2022
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City of Menifee Staff Report
Agreement and Bid Award for the Pump Track Street Expansion Project September 21, 2022
1 1
8 1
Table 2 – Available Project Funding
CIP Project Account No. Available Budget Anticipated Cost CIP 17-01 Evans Park
Design and Construction 522-4555-58052 $195,000 $499,344 Unfunded Balance $304,344
The total construction cost was anticipated to increase due to the expansion of the project scope including the additional property improvements and the increase in cost associated with the current supply and demand of raw materials. Staff is requesting the additional allocation of $304,344 to account no. 522-4555-58052 from the available fund balance in Fund 522 DIF Citywide – Park Improvements to bring the total project funding to $499,344.
ATTACHMENTS
1. Agreement - Roadway Construction & Engineering Corporation
2. Budget Amendment Resolution
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 3
Menifee
Mayor
and
City
Council
September
21,
2022
Page
682 of 2787
290/031858-0008
7645681.2 a00/00/00 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 17-01: EVANS PARK PUMP TRACK EXPANSION
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and ROADWAY ENGINEERING & CONTRACTING, INC (“Contractor”), whose principal business address is 10247 Bellegrave Ave, Mira Loma, CA 91752 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 17-01: EVANS PARK PUMP TRACK EXPANSION to be constructed at the 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: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 4
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Mayor
and
City
Council
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2022
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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: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 5
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Mayor
and
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Council
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7645681.2 a00/00/00 Page 3
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 6
Menifee
Mayor
and
City
Council
September
21,
2022
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7645681.2 a00/00/00 Page 4
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:
CONTRACTOR:
By:
Name: Eric Alvarez________________
Its: President
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name:
Its:
ATTEST:
By:
Stephanie Roseen, Acting City Clerk
Contractor’s City Business License No.
State Contractor License No. & Class
10247 Bellegrave Ave
Street Address
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 7
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Mayor
and
City
Council
September
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2022
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290/031858-0008
7645681.2 a00/00/00 Page 5
Mira Loma, CA 91752
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 8
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Mayor
and
City
Council
September
21,
2022
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290/031858-0008
7645681.2 a00/00/00 Page 6
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: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 9
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Mayor
and
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Council
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2022
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EXHIBIT B
CONTRACT PRICE
Four Hundred Sixty Six Thousand Forty One Dollars and Fifty Cents ($466,041.50) 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: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 10
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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290/031858-0008
7645681.2 a00/00/00 Page 8
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 11
Menifee
Mayor
and
City
Council
September
21,
2022
Page
690 of 2787
290/031858-0008
7645681.2 a00/00/00 Page 9
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 12
Menifee
Mayor
and
City
Council
September
21,
2022
Page
691 of 2787
290/031858-0008
7645681.2 a00/00/00 Page 10
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 13
Menifee
Mayor
and
City
Council
September
21,
2022
Page
692 of 2787
290/031858-0008
7645681.2 a00/00/00 Page 11
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 14
Menifee
Mayor
and
City
Council
September
21,
2022
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290/031858-0008
7645681.2 a00/00/00 Page 12
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 15
Menifee
Mayor
and
City
Council
September
21,
2022
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290/031858-0008
7645681.2 a00/00/00 Page 13
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 16
Menifee
Mayor
and
City
Council
September
21,
2022
Page
695 of 2787
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 522 Adopted FY 2022/23 Revenue Budget: $352,000
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:
Amended DIF Fund 522 FY 2022/23 Revenue Budget: $352,000 DIF Fund 522Adopted FY 2022/23 Expenditure Budget: $200,000
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
September 21,
2022
CIP 17-01: Evans Park Pump Track
Street Expansion Project 522-4555-58052 $304,344
TOTAL: $304,344
Amended DIF Fund 522 FY 2022/23 Expenditure Budget: $504,344
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 17
Menifee
Mayor
and
City
Council
September
21,
2022
Page
696 of 2787
Amending the Fiscal Year 2022/23 DIF Fund 522 Budget
CIP 17-01: Evans Park Pump Track Street Imp. Project
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 522 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 522 FY 2022/23 Budget: $352,000
Expenditures:
CIP 17-01: Evans Park Pump Track Street Expansion
Project $304,344
Amended DIF Fund 522 FY 2022/23 Budget: $504,344
PASSED, APPROVED AND ADOPTED this 21st day of September 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.20
Bid
Award
and
Agreement
with
Roadway
Engineering
&
Construction
Corporation
for
the
Pump
Track
Street
Expansion
Project
Item Page Number: 18
Menifee
Mayor
and
City
Council
September
21,
2022
Page
697 of 2787
CITY OF MENIFEE
SUBJECT: Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an equipment lease agreement with Kellar Equipment for the short-term rental of street sweeping equipment at a rate of $12,500 per month (plus any applicable state or local taxes) through December 31, 2022.
DISCUSSION
City of Menifee is responsible for administering a street sweeping program to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit by removing pollutants, debris and sediments on the City streets which otherwise might enter the storm drain system.
Prior to the City’s incorporation, the street sweeping services for existing streets within the Menifee community were provided and managed by the County of Riverside (County) through CSA 152, which collects annual assessments via property taxes to fund such services. Existing streets within the City of Menifee have continued to receive street sweeping services through CSA 152. New streets added in the City since incorporation are not eligible to be annexed into CSA 152 and do not receive services supported by CSA 152. It is the responsibility of the City to provide street sweeping services in these post-incorporation areas.
The City’s Public Works Department manages the street sweeping program for areas of responsibility that are not a part of CSA 152. Historically, the City has contracted for street sweeping services with CR&R Incorporated (CR&R), as CR&R was also contracted by the County of Riverside for street sweeping services in CSA 152.
On October 4, 2021, the California Department of Industrial Relations ruled that street sweeping constitutes public work and is therefore subject to prevailing wage requirements as shown in the Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
698 of 2787
City of Menifee Staff Report
Street Sweeping Equipment Lease
September 21, 2022
1 1
8 8
attached Public Works Case No. 2020-005. Due to this prevailing wage ruling, both the City and County were notified by CR&R that they would not be able to continue sweeping services for either agency.
In order to ensure continuity of sweeping services in the areas of City responsibility, staff entered into a short-term lease agreement under the City Manager’s signing authority, to lease street sweeping equipment from Kellar Equipment to support temporary provision of sweeping services by in-house staff. The original lease agreement attached was entered into on August 8, 2022, on a month-to-month basis, and at a rate of $12,500 per month (plus any applicable state or local taxes). City staff began sweeping the non-CSA 152 areas on August 15, 2022. Based on the rental cost of the equipment and given the current agreement’s not-to-exceed amount of $24,999, rental of the street sweeper has only been secured through September 2022.
Approval of the proposed lease agreement with Kellar Equipment would provide continued rental of the street sweeping equipment for in-house provision of sweeping services through December 2022. This additional time is necessary to allow staff to comprehensively evaluate the most cost- effective approach for providing services into the future.
Since receiving notification of the prevailing wage requirement, staff has been in regular contact with the County, who recently administered a Request for Proposals (RFP) for street sweeping services in CSA 152. With the upcoming award of the County’s RFP, there is not anticipated to be a break in services for CSA 152. Staff is currently reviewing the outcome of the County’s RFP and will bring forward a recommendation for ongoing street sweeping service options for City Council consideration at a future council meeting.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
Additional funding needed for the rental of street sweeping equipment through December 31, 2022, is available in approved fiscal year 2022-2023 Gas Tax operating budget in Street Sweeping (Account No. 200-4552-52700) in the amount of $37,500.
ATTACHMENTS
1. Public Works Case No. 2020-005
2. Original Equipment Lease Agreement
3. Proposed Equipment Lease Agreement
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
699 of 2787
STATE OF CALIFORNIA GAVIN NEWSOM, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
Katrina S. Hagen, Director
Office of the Director
1515 Clay Street, 17th Floor
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
October 4, 2021
Jes
se Jimenez
Director of Field Operations
Foundation for Fair Contracting
3807 Pasadena Avenue, Suite 150
Sacramento, California 95821
Re: Publ
ic Works Case No. 2020-005
Street Sweeping Maintenance Services
City of Elk Grove
Dear
Mr. Jimenez:
This
constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California’s prevailing wage laws and is made pursuant to California Labor Code section 1773.51 and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.
Facts
The Ci
ty of Elk Grove (City) solicited bid proposals for its “Street Sweeping Maintenance Services Project (OM 2005),” which includes in its scope of work “street sweeping either by machine sweeping or hand sweeping all designated improved public streets including curb returns and median islands within the City of Elk Grove city limits on a uniform schedule including approximately 14,000 curb miles throughout the City.” The sweeping is conducted in “residential areas, major corridors or arterial streets, commercial/industrial corridors, parking lots, and intersection sweeps at signalized intersections.” Depending on the area, the frequency of the sweeping can be as often as once per week for major streets but is generally done on a once-per-month basis.
The contractor must employ regenerative air or vacuum sweepers to remove all loose debris and material along the sweeping path, including, but not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter , trash, small tree limbs, palm fronds, and other debris. Larger debris may be swept by a broom sweeper. Any debris 1 Unless otherwise indicated, all further statutory references are to the California Labor Code.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
700 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
that is swept onto the sidewalk, driveway aprons, and access ramps must also be removed.
The contractor must manually remove debris that cannot be swept mechanically. Unusually heavy debris that cannot be removed by “extra effort sweeping” must be immediately reported to the City. The contract includes other related services.
The contractor
must include “residential street leaf pickup” that occurs four times a year, typically
in the months of December and January. The contractor must also be able to respond within an hour
to “remove and eliminate a public safety hazard.”
The sol
icitation originally contained provisions requiring compliance with prevailing wage requirements. An addendum later removed all references to prevailing wage requirements, and the City’s response to bidders’ “requests for interpretation” expressly states that prevailing wage rates are not required for the contract. The City cites PW Case No. 2005-007, City of Santa Clarita (June 1, 2005/Feb. 7, 2006) (Santa Clarita Street Sweeping), which determined that street sweeping, under the specific facts of that particular case, does not constitute public works. In analyzing the impact of coverage under the prevailing wage law, a City staff report estimated that prevailing wage requirements would double the annual cost of the contract from $400,000 to approximately $800,000.
Contentions Advanced by Interested Parties
The Foundat
ion for Fair Contracting (FFC), which made the request for this determination, argues that street sweeping is maintenance because it is routine, recurring, and usual work done for the preservation, protection, sanitation, and keeping of publicly-owned and operated facilities and for the protection and safety of the public as a whole. FFC raises a number of dangerous road conditions that are alleviated by routine street sweeping, and FFC’s overriding concern is that unsafe conditions for motorists and cyclists are created when roadway debris accumulates.
In s
upport of its argument, FFC refers to four prior coverage determinations issued by the Department finding that street sweeping work is covered under the prevailing wage law, later discussed below. FFC also cites PW Case No. 2016-015, Snow Removal and Snow Staking Services – County of El Dorado (Jan. 31, 2017) (El Dorado Snow Removal) and argues that street sweeping is similar to snow removal and is not subject to the janitorial or custodial exceptions to the maintenance definition because street sweeping is neither janitorial nor custodial in nature.
The Ci
ty of Elk Grove states that it determined prevailing wage requirements do not apply to street sweeping, based on the Santa Clarita Street Sweeping determination.
The City makes no other additional argument and requests guidance from the Department to comply with its prevailing wage obligations, if any.
Discussion
Al
l workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. (§ 1771.) The standard and most common definition of “public works” is construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. (§ 1720, subd. (a)(1).) Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
701 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
M
aintenance work is also a type of public work, and the prevailing wage law expressly applies to “contracts let for maintenance work.” (§ 1771; Reliable Tree Experts v. Baker (2011) 200 Cal.App.4th 785, 795-796 (Reliable Tree).) A regulation defines “maintenance” to include:
(
1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. (
2) Carpentry, electrical, plumbing, glazing, [touchup painting,] and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
E
xception:1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
E
xception:2: Protection of the sort provided by guards, watchmen, or other security forces is excluded.
(
3) Landscape maintenance. See Public Contract Code Section 21002.
E
xception: Landscape maintenance work by "sheltered workshops" is excluded.
(
Cal. Code Regs., tit. 8, § 16000 (hereafter Regulation 16000).) Ther
e is no dispute that the street sweeping maintenance services at issue are done under contract and paid for out of public funds. The issue is whether the street sweeping work constitutes maintenance under the prevailing wage law.
A. P
rior Coverage Determinations and Relevant Case Law.
The D
epartment has published a number of coverage determinations addressing the question of whether street sweeping is considered maintenance, which FFC cited in its request for coverage determination. In PW 1999-028, County of San Diego Road Maintenance (June 30, 1999) (San Diego Road Maintenance), the Department found work tasks that fell under the designation of “roadway cleaning” fit within Regulation 16000’s definition of maintenance. “The tasks involve cleaning roads with a street sweeper, manually picking garbage up off the roads with a hand picker and plastic bags, and removing sand, mudslides, vegetative debris deposited in the roads by weather- related phenomenon with a loader, grader and ramp trailer. These are routine, recurring and usual tasks intended to keep the roads in a safe and continually usable condition.” (San Diego Road Maintenance, supra, PW 1999-028.)
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
702 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
I
n PW 2000-021, City of Santee/California Street Maintenance Street Sweeping (Aug. 11, 2000) (Santee Street Sweeping), the Department again reasoned that street sweeping “done with standard heavy-duty mechanical brush and broom-type street sweeping equipment, as necessary, to clean the designated areas of all paper, wet leaves, dirt, rocks and other debris” was considered maintenance because the “cleanliness of the streets is a necessary function of keeping them in a safe and continually usable condition.” (Santee Street Sweeping, supra, PW 2000-021.) This conclusion – on a different but substantially similar City of Santee street sweeping contract – was reaffirmed two years later. (See PW 2001-061, City Street Sweeping (Mar. 7, 2002).) The Department relied on the Santee Street Sweeping coverage determination to once again conclude that another contract for street sweeping for the City of Rohnert Park constituted maintenance. (PW 2002-067, City of Rohnert Park-Street Sweeping (Apr. 16, 2003).)
A
mere two years later, the Department departed from all four of the above street sweeping determinations. Instead, the Department then decided that street sweeping for aesthetic or environmental reasons does not serve to maintain the city streets in “good order or condition,” does not keep the streets from “harm or damage,” does not "shield from injury, danger or loss, nor does it constitute guarding or defending." (Santa Clarita Street Sweeping, supra, PW 2005-027.) The City relies on Santa Clarita Street Sweeping.
I
n the more than 15 years since the Santa Clarita Street Sweeping determination, the Department and the Court of Appeal have continued to issue guidance on the definition of maintenance that has helped flesh out the law. 2 For instance, in PW 2005-
028, Self-Generated Waste Program and Highway Spill Program – California Department of Transportation (May 17, 2006) (Self-Generated Waste), the Department concluded that routine work to “remove hazardous liquid waste from floor sumps, hydraulic hoist pits and wash rack clarifiers” for Department of Transportation (Caltrans) facilities was considered maintenance. “Failure to clean these facilities in a timely fashion would impede maintenance operations, violate Caltrans storm water permit and create safety concerns for Caltrans maintenance workers.” (Self-Generated Waste, supra, PW 2005-028.) In another determination involving Caltrans, the Department determined that homeless encampment debris removal constituted maintenance “because the debris poses a health and safety threat to both Caltrans workers and the motoring public,” and “unlike scattered roadside litter, the large volume of debris concentrated at a homeless site can move into and obstruct the roadways, constituting a direct impediment to the motoring public.” (PW 2009-008, Agreement No. 07A2407 - Homeless Sites Debris Removal and Disposal – California Department of Transportation (June 5, 2009) (Homeless Sites Debris Removal).) Consequently, the debris removal work at homeless encampment sites that 2 In a case that actually predated Santa Clarita Street Sweeping by a few months, the Court of Appeal held that “placing 13,480 tons of earth fill and 400 tons of class 2 aggregate base” on a levee to maintain the levee in a condition to withstand flooding was considered maintenance and subject to prevailing wage requirements. (Reclamation Dist.
No. 684 v. Department of Industrial Relations (2005) 125 Cal.App.4th 1000, 1003.) Santa Clarita Street Sweeping, however, did not discuss or cite this published appellate opinion.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
703 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
w
ere located next to state highways is “necessary to keep the state highway system in a safe, and continually usable condition.” (Ibid.)
W
ith respect to another Caltrans contract, the Court of Appeal held that “brush removal, tree trimming and tree removal” work on state-owned highway rights-of-way performed by a private contractor constituted maintenance. (Reliable Tree, supra, 200 Cal.App.4th at p. 789.) Because Caltrans was responsible for “maintaining thousands of miles of paved roads and highways,” Caltrans was “in effect sharing its statutory responsibility” when it decided to hire an outside contractor to do this work. (Reliable Tree, supra, 200 Cal.App.4th at p. 796.) Although the Reliable Tree court did not delve into the specifics of why tree removal fit Regulation 16000’s definition of maintenance, implicit in the court’s conclusion is that the recurring need to trim or remove trees ensures that branches, leaves, or the trees themselves do not fall into or otherwise obstruct the state highway. In that sense, the work was done “for the preservation, protection and keeping” of the state highways “in a safe and continually usable condition” for open use by the public. (Regulation 16000; see also Veh. Code, § 360.) E
mbracing the Reliable Tree court’s less rigid interpretation of maintenance, the Department determined that standalone testing and inspection of fire sprinkler and fire alarm systems qualified as maintenance.3 The Department then found that work removing snow from streets and parking lots is covered as maintenance, reversing a 22-year-old determination that snow removal from roadways and parking lots was merely custodial work. (El Dorado Snow Removal, supra, PW 2016-015.) And very recently, the Department has found maintenance to include routine tree removal and disposal and lead dust removal work.
4 This evolution of the law on maintenance guides the Department’s analysis of the work at issue here.
B. S
treet Sweeping is Routine and Recurring Work that Keeps Public Streets and Facilities in a Safe and Continually Usable Condition for Public Use.
U
nder the contracts, the City requires once-a-week sweeping on some arterial (i.e. major) streets, twice-a-month on other arterial streets, and once-a-month sweeping on all other streets and parking lots. Four times a year, the contractor must also pick up leaves from residential streets. Like the tree removal work in Reliable Tree, the street sweeping maintenance services described here are indisputably “routine, recurring and usual.” The issue is whether such work preserves, protects, and keeps public streets and facilities in a safe and continually usable condition.
3 PW 2015-012, Sprinkler Inspection, Testing, and Maintenance Work - City of Santa Rosa (Oct. 30, 2015); PW 2015-007, Stand-Alone Testing and Inspection of Fire Alarm Systems - California Department of Corrections and Rehabilitation (June 26, 2015); PW 2019-021, Napa State Hospital Fire Alarm and Fire Pump Testing Services - Department of State Hospitals (May 20, 2020).
4 PW 2018-030, Salinas Fairways – Tree Removal – City of Salinas (July 29, 2021); PW 2019-022, Gun Range Lead Dust Removal Work – City of Chino (Aug. 30, 2021).
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
704 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-005
FFC
contends that one of the most significant benefits street sweeping provides is a safe public space that can be used by motorists and bicyclists. Public entities have an interest in maintaining streets and ensuring they are usable and safe for public use.
Street sweeping “lessens the opportunity of skids and collisions” by providing a clear view of the streets. Roadway debris could “cause pedestrians, runners, and cyclists to swerve into the roadway.” Although the Department notes that generally pedestrians or runners would not be on the roadway in the first place, accumulated debris does drift from the roadway onto the sidewalk and is sometimes swept from the roadway onto the sidewalk, which the contractor must then remove.
Ther
e is merit to FFC’s overall argument regarding clean streets. When a street is clean, drivers are more likely to identify potholes and safely maneuver around them.
Street sweeping removes sharp objects, such as nails, screws, and glass, which can puncture tires. Clean curbs and streets provide safety benefits for vehicles in myriad situations. Larger debris is not only unsightly, but when it accumulates around and obscures the curb, drivers and others who use the road have a more difficult time judging the distance to the curb. Bicyclists, motorcyclists, and riders of motorized scooters also benefit from clean streets, perhaps more so than drivers of automobiles, even though they are all subject to the same rules of the road. (See Veh. Code, §§ 21200, 21221.) 5 A
small piece of debris has a far greater impact on bicycles and motorized scooters than on an automobile, as even small debris can cause them to lose their balance or swerve into traffic. Because bicycles and motorized scooters operate at a slower speed and may enjoy exclusive use of lanes close to the curb, they more heavily depend on a curb clear of debris for their safe operation. The safety benefits described above, though not gleaned from any formal study, appear to be reasonable, commonsense effects of streets free of debris. One can imagine streets that are never swept imposing a significant hurdle to the free flow of traffic.
A
side from the safety benefits, street sweeping helps preserve and protect the asphalt on the road by keeping debris off the curb lines where moisture accumulates.
Heavily soiled areas with leaves and other debris draw moisture, and if left undisturbed, eventually cause deterioration of the asphalt, leading to cracks and potholes. While road debris probably only has an incremental impact on asphalt deterioration – wear and tear from heavy traffic and seasonal conditions likely are the key contributing factors – street sweeping plays some role in slowing deterioration of the roads.
Li
ke Caltrans, the City has a general statutory obligation to maintain its streets and roadways. (See Sts. & Hy. Code, § 1800 et seq.) If Caltrans-awarded contracts to trim and remove trees satisfied its mandate to maintain state highways (Reliable Tree, supra, 200 Cal.App.4th at p. 796), it is hard to envision street sweeping not being part of the City’s duties to maintain its streets. As leaves, branches, and trees may obstruct the Caltrans-maintained state highway, debris such as sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter, trash, small tree limbs, and palm fronds on City streets that 5 Motorized scooters may not operate at all on sidewalks and must share the road with automobiles. (Veh. Code, § 21235, subd. (g).) Bicyclists in some parts of the state must also share the road as their operation on sidewalks is restricted. (See, e.g., Sac.
County Code, ch. 10.2, § 10.12.010.)
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
705 of 2787
Determination Letter to Jesse Jimenez
Re: Public Works Case No. 2020-0 05
are not s
wept likewise obstruct the roadway and pose a danger to members of the public that use City streets. Furthermore, because snow removal qualifies as maintenance of streets (El Dorado Snow Removal, supra, PW 2016-015), street sweeping should be no different.6 In fact, at least one statute refers to both street sweeping and snow removal as maintenance of public streets.7 As in the Self-Generated Waste determination, accumulated debris on streets would “create safety concerns for [City] maintenance workers” and the general public.
While
Santa Clarita Street Sweeping noted that public health concerns do not serve as a basis for finding work to constitute maintenance, in Homeless Sites Debris Removal, the Department cited public health concerns associated with bio-waste, broken glass, hypodermic needles, decaying trash, and breeding vermin in accumulated garbage in finding that removal of those items from homeless encampments constitutes maintenance. Many similar types of debris accumulate along curbs, and unless cleaned and swept on a recurring basis, pose a similar safety risk to bicyclists, motorists, and pedestrians, thereby suggesting that street sweeping of the type here also qualifies as maintenance. Streets were designed to be traversed without obstruction from debris and can be used safely only in the absence of such debris. In short, given the additional guidance from the Reliable Tree court and the intervening coverage determinations since Santa Clarita Street Sweeping, the routine street sweeping work done for the City here is properly considered maintenance.
Conclusion
For the f
oregoing reasons, the street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.
I hope thi
s determination satisfactorily answers your inquiry.
Since
rely,
Katr
ina S. Hagen
Director of Industrial Relations
6 “Although snow removal may not be considered precisely the same as street sweeping, it is clearly the same general type of service.” (65 Ops.Cal.Atty.Gen 176 (1982).)
7 A county service area is authorized to provide governmental services such as:
the “acquisition, construction, improvement, and maintenance, including, but not limited to, street sweeping and snow removal, of public streets, roads, bridges, highways, rights- of-way, easements, and any incidental works.” (Gov. Code, § 25213, subd. (i), italics added [County Service Area Law].)
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
706 of 2787
EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at _29844 Haun Rd, Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
1 month lease, beginning August 8, 2022. Lessee has the option to lease month to month thereafter up to $24,999.99 in aggregate. A month is defined as a calendar month not to exceed 160 hours in any given
month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at _27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at _27860 Bradley Rd, Menifee, CA 92586. Normal adjustments per manufacturer recommended intervals will be the responsibility of Kellar Equipment and performed at _27860 Bradley Rd, Menifee, CA 92586. If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment. All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease (plus applicable state and local sales taxes) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
707 of 2787
the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery
Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
708 of 2787
property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
709 of 2787
Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date
Pick up Date
LESSEE
By: City of Menifee
Name: Armando G. Villa
Title: City Manager
Signature:
Date:
Purchase Order Number:
Kellar Equipment By:
Name: Cy Kellar
Title: President
Signature:
Date:
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
710 of 2787
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
ACORD CORPORATION. All r
RD
08/10/2022
PATRIOT INSURANCE SERVICES INC
11711 STERLING AVE
SUITE C
RIVERSIDE CA 92503
KHALED ADHAM
951-352-8898 951-325-4915
[email protected]
KELLAR EQUIPMENT
34075 AVENUE J
YUCAIPA, CA 92399
KINSALE INSURANCE COMPANY 38920
INFINITY SELECT INSURANCE COMPANY 20260
A
Y Y 0100169063-0 11/04/2021 11/04/2022
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B
Y Y 504610156108001 04/26/2022 04/26/2023
1,000,000
RE: ALL OPERATIONS
City of Menifee, its elected officials, officers, employees and authorized volunteers are added as an additional insured. Any insurance or self insurance maintained by the City, its officers, officials, employees or authorized volunteers is excess of Contractor's insurance and shall not contribute with it. Coverage will not be reduced or canceled without 30 days' prior written notice certain to the City.
City of Menifee
29844 Haun Road
Menifee CA 92586 KHALED ADHAM
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
711 of 2787
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. S e c t i o nI I–W h oI sA nI n s u r e dis amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. W i t hr e s p e c tt ot h ei n s u r a n c ea f f o r d e dt ot h e s e additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Policy# 0100169063-0
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
712 of 2787
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
713 of 2787
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 P a g e1o f1
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. S e c t i o nI I–W h oI sA nI n s u r e dis amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
Policy# 0100169063-0
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
714 of 2787
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy# 0100169063-0
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
715 of 2787
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization:
SCHEDULE
Blanket where required by written contract.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0100169063-0
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
716 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 1 o f 7
COMMERCIAL AUTO
AC 85 43 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONICEQUIPMENT COVERAGE 14
BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRA NSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERSTO US 21 SECTION II - LIABILITY COVERAGE is amended as follows:
1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
Policy # 504610156108001
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
717 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 2 o f 7
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
718 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 3 o f 7
Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE ,P a r a g r a p hA.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT ORPERMIT
SECTION II - LIABILITY COVERAGE , Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any o ther insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments ,P a r a g r a p h s (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added:
SECTION II - LIABILITY ,E x c l u s i o nB.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
ADDITIONAL INSURED BY CONTRACT , AGREEMENT ORPERMIT
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
719 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 4 o f 7
a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE , Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
720 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 5 o f 7
d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE , A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding thefollowing:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE , B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLETRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" c a u s e db yt h e f ti ft h ev e h i c l ei s e q u i p p e dw i t ha v e h i c l et r a c k i n gd e v i c es u c ha s a r a d i ot r a c k i n gd e v i c e or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
721 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 6 o f 7
15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
722 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 7 o f 7
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS ,P a r a g r a p hB.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS ,P a r a g r a p hB.7. Policy Period, Coverage Territory ,i s amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
WAIVER OFT R A NSFER OFR IGHTSO FR ECOVERY AGAINST OTHERS TOU S
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
723 of 2787
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
AC 85 43 06 18 Page 8 o f 7
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT
The following is added toSECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.
PRIMARY AND N ON-CONTRIBUTING IFR E QU I R E DB YW R I T T E NCONTRACT ORW R I T T E NAGREE- MENT
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
Mayor
and
City
Council
September
21,
2022
Page
724 of 2787
EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at 29844 Haun Rd. Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
4 month lease, beginning September 8, 2022 and ending December 31, 2022. Lessee has the option to lease month to month thereafter. A month is defined as a calendar month not to exceed 160 hours in any given month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at 27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at 27860 Bradley Rd, Menifee, CA 92586 .
Normal adjustments per manufacturer recommended intervals will be the responsibility of Kellar Equipment and performed at 27860 Bradley Rd, Menifee, CA 92586 . If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment.
All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease ( plus applicable state and local sales taxes ) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
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the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
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property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
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Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date _____________
Pick up Date _____________
LESSEE
By:
Name:
Title:
Signature:
Date:
Purchase Order Number:
Kellar Equipment
By:
Name:
Title:
Signature:
Date:
Item Title: 10.21
Agreement with Kellar Equipment for the Lease of Street Sweeping Equipment Menifee
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CITY OF MENIFEE
SUBJECT: Vehicle Leases for the Community Services Department MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to amend the existing lease with Enterprise Fleet Management, Inc., to include two sixty-month leases for two vehicles in the not-to-exceed amount of $1,155 per month for the Community Services Department; and
2. Allow the lease agreements to be made under the cooperative purchasing (piggyback) agreement under Sourcewell Contract No. 060618-EFM, pursuant to Menifee Municipal Code Chapter 3.12.070(6).
DISCUSSION
Funding for the Community Services Department to lease two new Ford F250 trucks with utility beds was approved as part of fiscal year 2022/23 operating budget. These vehicles were approved as additions to the current fleet with one vehicle being assigned to the Facilities Division to support additional staff, and the second assigned to support Parks Maintenance Division staff.
Following the fiscal year 2022/23 budget approval, staff worked with the City’s Enterprise Fleet Management representative to discuss ordering and production timelines for these vehicles. Due to the current manufacturing delays and delivery constraints in the automotive industry, order quantity commitments have been unpredictable and production timelines have varied greatly for each manufacturer. The most current information regarding the ordering and production timelines for the various truck manufacturers are as follows:
•Chevrolet – Order banks for 2023 model year have already closed. •Ford – Order banks for 2023 are expected to open in October 2022 with production of vehicles beginning in February 2023. The current average lead time for production, not including service bed installation or extras, is 21 weeks. •Dodge – Order banks are currently open for passenger vehicles only.
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 1
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City of Menifee Staff Report
Enterprise Lease Agreements – Community Services
September 21, 2022
1 2
0 3
Based on the information above, ordering 2023 model trucks would not result in delivery of a vehicle until late spring or early summer of 2023. Additionally, prices for the 2023 model year vehicles are expected to be eight to ten percent higher than current year models.
In August, the City’s Enterprise representative located two 2022 model year Ford F250’s equipped with utility beds that meet the needs of the Community Service Department. Because utility bed truck vehicles are in high demand, and to ensure that Enterprise would procure these vehicles immediately for use by the City, staff negotiated an initial 12-month lease with Enterprise for each vehicle. The costs associated with the shorter-term lease were within the City Manager’s signing authority, and so presented an opportunity to quickly complete the execution of a lease administratively. On September 7, 2022, the City Manager executed the attached two 12-month leases, allowing Enterprise to immediately secure the vehicles.
The City Council’s action is now requested to approve two five-year leases to replace the initial short-term lease agreements and include the vehicles on a replacement rotation consistent with other City fleet vehicles lease through the Enterprise Fleet Management program. If the current short-term lease is not extended, the City would be committed to purchase the vehicles at the reduced book value of $44,702 each at the conclusion of the current 12-month leases. The quoted purchase price for each of the vehicles is also within the City Manager’s signing authority.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The five-year fiscal impact of the proposed lease for the two vehicles for Community Services would not exceed $69,300 per vehicle including municipal discounts and government contract pricing.
The financial impact for fiscal year 2022/23 would be approximately $12,950 per vehicle including $1,155 per month cost and a one-time charge of $1,400 for license and delivery fees. The costs associated with the lease agreements would be supported through available funds within the adopted fiscal year 2022/23 operating budget in the Parks Division Account No.100-4663-52502.
No additional budget appropriations are required. Future year lease costs would be funded in the corresponding fiscal years’ budget.
ATTACHMENTS
1. 12 Month Lease #6638831
2. 12 Month Lease #6655555
3. Proposed 60 Month Lease - Quote #6638831
4. Proposed 60 Month Lease - Quote #6655555
5. Sourcewell Contract
Item Title: 10.22
Vehicle Leases for the Community Services Department
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Prepared For: City of Menifee Date 08/23/2022
Jensen, Kristen AE/AM RRM/PND
Unit # 26767V
Year 2022 Make Ford Model F-250
Series XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type In-Stock Term 12 State CA Customer# 343096 $ 60,860.86 Capitalized Price of Vehicle 1
$ 0.00 * Sales Tax 0.0000% State CA
$ 0.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 625.00 Other: (See Page 2)
$ 7,739.50 * Capitalized Price Reduction
$ 677.21 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name COMMUNITY RELATIONS
Exterior Color (0 P) Oxford White / Bright Chrome Grille Interior Color (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 S Lic. Plate Type Exempt
GVWR 0
$ 53,746.36 Total Capitalized Amount (Delivered Price)
$ 806.20 Depreciation Reserve @ 1.5000%
$ 373.10 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,179.30 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 53.50 Full Maintenance Program 3 Contract Miles 10,000 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Included(Standard) $ 53.50 Additional Services SubTotal
$ 103.19 Sales Tax 8.7500% State CA
$ 1,335.99 Total Monthly Rental Including Additional Services $ 44,071.96 Reduced Book Value at 12 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Menifee
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 6638831
Printed On 08/23/2022 08:08:07 PM Page 1 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Armando G. Villa, City Manager
9/7/2022
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 3
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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Scelzi #223862 C $ 15,479.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 15,479.00
Aftermarket Equipment Total $ 15,479.00
Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Transport from Dealer C $ 500.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 625.00
Other Charges Total $ 625.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
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DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 4
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VEHICLE INFORMATION:
2022 Ford F-250 XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X2A
Pricing Summary:
INVOICE MSRP
Base Vehicle $38,409 $40,430.00
Total Options $3,045.36 $4,235.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior: Z1 / 17SGRL-(0 P) Oxford White / Bright Chrome Grille Interior: AS-(0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
164WB 164" Wheelbase STD STD
17FFBP Chrome Front Bumper Included Included
17FHUB Bright Chrome Hub Covers & Center Ornaments Included Included 17S STX Appearance Package $1,829.00 $2,010.00
17SGRL Bright Chrome Grille Included Included
425 50-State Emissions System STD STD
43C 110V/400W Outlet Included Included
44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
525_ Steering Wheel-Mounted Cruise Control Included Included 52B Trailer Brake Controller $273.00 $300.00
54K Trailer Tow Mirrors w/Power Heated Glass Included Included 587 Radio: AM/FM Stereo w/MP3 Player Included Included
600A Order Code 600A NC NC
63R Heavy-Service Package for Pickup Box Delete $114.00 $125.00 648 Wheels: 18" Sparkle Silver Painted Cast Aluminum Included Included 66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Wheel, Tire, Carrier & Jack Delete Included Included 66S Upfitter Switches (6) $150.00 $165.00
67D 200 Amp Alternator Included Included
872 Rear View Camera & Prep Kit $377.00 $415.00
90L Power Equipment Group $1,001.00 $1,100.00
90LACD Accessory Delay Included Included
90LASP Advanced Security Pack Included Included
90LPLK Power Locks Included Included
90LPTL Power Tailgate Lock Included Included
90LPWN Power Front & Rear Seat Windows Included Included 90LRKE Remote Keyless Entry Included Included
913 SYNC 3 Communications & Entertainment System $410.00 $450.00 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_01 (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat NC NC $43,249.36 $46,460.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
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DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 5
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CODE DESCRIPTION INVOICE MSRP
PAINT Monotone Paint Application STD STD
RBAR Rear Stabilizer Bar Included Included
STDGV GVWR: 10,000 lb Payload Package Included Included TCH Tires: LT275/65Rx18E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
ajd dealer adj $-808.64 $0.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
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DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 6
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CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: chrome front and rear bumpers with body-coloured rub strip Front Tow Hooks: 2 front tow hooks
Body Material: aluminum body material
: class V trailering with hitch, brake controller
Paint Type: badging
Grille: black w/chrome surround grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
AC Power Outlet: 1 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
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Vehicle Leases for the Community Services Department
Item Page Number: 7
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Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
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Vehicle Leases for the Community Services Department
Item Page Number: 8
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Standard Engine:
Engine 385-hp, 6.2-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 08/23/2022 08:08:07 PM Page 7 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 9
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Prepared For: City of Menifee Date 08/23/2022
Jensen, Kristen AE/AM RRM/PND
Unit # 267NQ5
Year 2022 Make Ford Model F-250
Series XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type In-Stock Term 12 State CA Customer# 343096 $ 60,860.86 Capitalized Price of Vehicle 1
$ 0.00 * Sales Tax 0.0000% State CA
$ 821.47 * Initial License Fee
$ 0.00 Registration Fee
$ 625.00 Other: (See Page 2)
$ 7,739.50 * Capitalized Price Reduction
$ 677.21 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name Facilities
Exterior Color (0 P) Oxford White / Bright Chrome Grille Interior Color (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 S Lic. Plate Type Exempt
GVWR 0
$ 53,746.36 Total Capitalized Amount (Delivered Price)
$ 806.20 Depreciation Reserve @ 1.5000%
$ 373.10 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,179.30 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 53.50 Full Maintenance Program 3 Contract Miles 10,000 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Included(Standard) $ 53.50 Additional Services SubTotal
$ 103.19 Sales Tax 8.7500% State CA
$ 1,335.99 Total Monthly Rental Including Additional Services $ 44,071.96 Reduced Book Value at 12 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Menifee
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 6655555
Printed On 08/23/2022 08:11:15 PM Page 1 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA 9/7/2022Armando G. Villa, City Manager
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 10
Menifee
Mayor
and
City
Council
September
21,
2022
Page
738 of 2787
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Scelzi Q#223862 C $ 15,479.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 15,479.00
Aftermarket Equipment Total $ 15,479.00
Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Dealer Transport C $ 500.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 625.00
Other Charges Total $ 625.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
Printed On 08/23/2022 08:11:15 PM Page 2 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 11
Menifee
Mayor
and
City
Council
September
21,
2022
Page
739 of 2787
VEHICLE INFORMATION:
2022 Ford F-250 XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X2A
Pricing Summary:
INVOICE MSRP
Base Vehicle $38,409 $40,430.00
Total Options $3,045.36 $4,235.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior: Z1 / 17SGRL-(0 P) Oxford White / Bright Chrome Grille Interior: AS-(0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
164WB 164" Wheelbase STD STD
17FFBP Chrome Front Bumper Included Included
17FHUB Bright Chrome Hub Covers & Center Ornaments Included Included 17S STX Appearance Package $1,829.00 $2,010.00
17SGRL Bright Chrome Grille Included Included
425 50-State Emissions System STD STD
43C 110V/400W Outlet Included Included
44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
525_ Steering Wheel-Mounted Cruise Control Included Included 52B Trailer Brake Controller $273.00 $300.00
54K Trailer Tow Mirrors w/Power Heated Glass Included Included 587 Radio: AM/FM Stereo w/MP3 Player Included Included
600A Order Code 600A NC NC
63R Heavy-Service Package for Pickup Box Delete $114.00 $125.00 648 Wheels: 18" Sparkle Silver Painted Cast Aluminum Included Included 66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Wheel, Tire, Carrier & Jack Delete Included Included 66S Upfitter Switches (6) $150.00 $165.00
67D 200 Amp Alternator Included Included
872 Rear View Camera & Prep Kit $377.00 $415.00
90L Power Equipment Group $1,001.00 $1,100.00
90LACD Accessory Delay Included Included
90LASP Advanced Security Pack Included Included
90LPLK Power Locks Included Included
90LPTL Power Tailgate Lock Included Included
90LPWN Power Front & Rear Seat Windows Included Included 90LRKE Remote Keyless Entry Included Included
913 SYNC 3 Communications & Entertainment System $410.00 $450.00 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_01 (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat NC NC $43,249.36 $46,460.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
Printed On 08/23/2022 08:11:15 PM Page 3 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 12
Menifee
Mayor
and
City
Council
September
21,
2022
Page
740 of 2787
CODE DESCRIPTION INVOICE MSRP
PAINT Monotone Paint Application STD STD
RBAR Rear Stabilizer Bar Included Included
STDGV GVWR: 10,000 lb Payload Package Included Included TCH Tires: LT275/65Rx18E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
ajd dealer adj $-808.64 $0.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
Printed On 08/23/2022 08:11:15 PM Page 4 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 13
Menifee
Mayor
and
City
Council
September
21,
2022
Page
741 of 2787
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: chrome front and rear bumpers with body-coloured rub strip Front Tow Hooks: 2 front tow hooks
Body Material: aluminum body material
: class V trailering with hitch, brake controller
Paint Type: badging
Grille: black w/chrome surround grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
AC Power Outlet: 1 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Printed On 08/23/2022 08:11:15 PM Page 5 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 14
Menifee
Mayor
and
City
Council
September
21,
2022
Page
742 of 2787
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Printed On 08/23/2022 08:11:15 PM Page 6 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 15
Menifee
Mayor
and
City
Council
September
21,
2022
Page
743 of 2787
Standard Engine:
Engine 385-hp, 6.2-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 08/23/2022 08:11:15 PM Page 7 of 7
DocuSign Envelope ID: 899865E2-E214-4A8D-9BAD-8FFFE77964CA Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 16
Menifee
Mayor
and
City
Council
September
21,
2022
Page
744 of 2787
Prepared For: City of Menifee Date 09/07/2022
Jensen, Kristen AE/AM RRM/PND
Unit # 26767V
Year 2022 Make Ford Model F-250
Series XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type In-Stock Term 60 State CA Customer# 343096 $ 60,860.86 Capitalized Price of Vehicle 1
$ 0.00 * Sales Tax 0.0000% State CA
$ 0.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 625.00 Other: (See Page 2)
$ 7,739.50 * Capitalized Price Reduction
$ 677.21 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name COMMUNITY RELATIONS
Exterior Color (0 P) Oxford White / Bright Chrome Grille Interior Color (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 S Lic. Plate Type Exempt
GVWR 0
$ 53,746.36 Total Capitalized Amount (Delivered Price)
$ 725.58 Depreciation Reserve @ 1.3500%
$ 282.13 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,007.71 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 58.61 Full Maintenance Program 3 Contract Miles 50,000 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Included(Standard) $ 58.61 Additional Services SubTotal
$ 88.17 Sales Tax 8.7500% State CA
$ 1,154.49 Total Monthly Rental Including Additional Services $ 10,211.56 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Menifee
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 6638831
Printed On 09/07/2022 06:10:51 PM Page 1 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 17
Menifee
Mayor
and
City
Council
September
21,
2022
Page
745 of 2787
Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Scelzi #223862 C $ 15,479.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 15,479.00
Aftermarket Equipment Total $ 15,479.00
Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Transport from Dealer C $ 500.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 625.00
Other Charges Total $ 625.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
Printed On 09/07/2022 06:10:51 PM Page 2 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 18
Menifee
Mayor
and
City
Council
September
21,
2022
Page
746 of 2787
VEHICLE INFORMATION:
2022 Ford F-250 XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X2A
Pricing Summary:
INVOICE MSRP
Base Vehicle $38,409 $40,430.00
Total Options $3,045.36 $4,235.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior: Z1 / 17SGRL-(0 P) Oxford White / Bright Chrome Grille Interior: AS-(0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
164WB 164" Wheelbase STD STD
17FFBP Chrome Front Bumper Included Included
17FHUB Bright Chrome Hub Covers & Center Ornaments Included Included 17S STX Appearance Package $1,829.00 $2,010.00
17SGRL Bright Chrome Grille Included Included
425 50-State Emissions System STD STD
43C 110V/400W Outlet Included Included
44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
525_ Steering Wheel-Mounted Cruise Control Included Included 52B Trailer Brake Controller $273.00 $300.00
54K Trailer Tow Mirrors w/Power Heated Glass Included Included 587 Radio: AM/FM Stereo w/MP3 Player Included Included
600A Order Code 600A NC NC
63R Heavy-Service Package for Pickup Box Delete $114.00 $125.00 648 Wheels: 18" Sparkle Silver Painted Cast Aluminum Included Included 66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Wheel, Tire, Carrier & Jack Delete Included Included 66S Upfitter Switches (6) $150.00 $165.00
67D 200 Amp Alternator Included Included
872 Rear View Camera & Prep Kit $377.00 $415.00
90L Power Equipment Group $1,001.00 $1,100.00
90LACD Accessory Delay Included Included
90LASP Advanced Security Pack Included Included
90LPLK Power Locks Included Included
90LPTL Power Tailgate Lock Included Included
90LPWN Power Front & Rear Seat Windows Included Included 90LRKE Remote Keyless Entry Included Included
913 SYNC 3 Communications & Entertainment System $410.00 $450.00 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_01 (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat NC NC $43,249.36 $46,460.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
Printed On 09/07/2022 06:10:51 PM Page 3 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 19
Menifee
Mayor
and
City
Council
September
21,
2022
Page
747 of 2787
CODE DESCRIPTION INVOICE MSRP
PAINT Monotone Paint Application STD STD
RBAR Rear Stabilizer Bar Included Included
STDGV GVWR: 10,000 lb Payload Package Included Included TCH Tires: LT275/65Rx18E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
ajd dealer adj $-808.64 $0.00
Open-End (Equity) Lease Rate Quote Quote No: 6638831
Printed On 09/07/2022 06:10:51 PM Page 4 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 20
Menifee
Mayor
and
City
Council
September
21,
2022
Page
748 of 2787
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: chrome front and rear bumpers with body-coloured rub strip Front Tow Hooks: 2 front tow hooks
Body Material: aluminum body material
: class V trailering with hitch, brake controller
Paint Type: badging
Grille: black w/chrome surround grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
AC Power Outlet: 1 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
Printed On 09/07/2022 06:10:51 PM Page 5 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 21
Menifee
Mayor
and
City
Council
September
21,
2022
Page
749 of 2787
Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
Printed On 09/07/2022 06:10:51 PM Page 6 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 22
Menifee
Mayor
and
City
Council
September
21,
2022
Page
750 of 2787
Standard Engine:
Engine 385-hp, 6.2-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 09/07/2022 06:10:51 PM Page 7 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 23
Menifee
Mayor
and
City
Council
September
21,
2022
Page
751 of 2787
Prepared For: City of Menifee Date 09/07/2022
Jensen, Kristen AE/AM RRM/PND
Unit # 267NQ5
Year 2022 Make Ford Model F-250
Series XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type In-Stock Term 60 State CA Customer# 343096 $ 60,860.86 Capitalized Price of Vehicle 1
$ 0.00 * Sales Tax 0.0000% State CA
$ 821.47 * Initial License Fee
$ 0.00 Registration Fee
$ 625.00 Other: (See Page 2)
$ 7,739.50 * Capitalized Price Reduction
$ 677.21 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name Facilities
Exterior Color (0 P) Oxford White / Bright Chrome Grille Interior Color (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 S Lic. Plate Type Exempt
GVWR 0
$ 53,746.36 Total Capitalized Amount (Delivered Price)
$ 725.58 Depreciation Reserve @ 1.3500%
$ 282.13 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,007.71 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 58.61 Full Maintenance Program 3 Contract Miles 50,000 OverMileage Charge $ 0.0350 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Included(Standard) $ 58.61 Additional Services SubTotal
$ 88.17 Sales Tax 8.7500% State CA
$ 1,154.49 Total Monthly Rental Including Additional Services $ 10,211.56 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Menifee
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 6655555
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 24
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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Scelzi Q#223862 C $ 15,479.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 15,479.00
Aftermarket Equipment Total $ 15,479.00
Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Dealer Transport C $ 500.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 625.00
Other Charges Total $ 625.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
Printed On 09/07/2022 06:13:06 PM Page 2 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 25
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VEHICLE INFORMATION:
2022 Ford F-250 XL 4x2 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X2A
Pricing Summary:
INVOICE MSRP
Base Vehicle $38,409 $40,430.00
Total Options $3,045.36 $4,235.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior: Z1 / 17SGRL-(0 P) Oxford White / Bright Chrome Grille Interior: AS-(0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
164WB 164" Wheelbase STD STD
17FFBP Chrome Front Bumper Included Included
17FHUB Bright Chrome Hub Covers & Center Ornaments Included Included 17S STX Appearance Package $1,829.00 $2,010.00
17SGRL Bright Chrome Grille Included Included
425 50-State Emissions System STD STD
43C 110V/400W Outlet Included Included
44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
525_ Steering Wheel-Mounted Cruise Control Included Included 52B Trailer Brake Controller $273.00 $300.00
54K Trailer Tow Mirrors w/Power Heated Glass Included Included 587 Radio: AM/FM Stereo w/MP3 Player Included Included
600A Order Code 600A NC NC
63R Heavy-Service Package for Pickup Box Delete $114.00 $125.00 648 Wheels: 18" Sparkle Silver Painted Cast Aluminum Included Included 66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Wheel, Tire, Carrier & Jack Delete Included Included 66S Upfitter Switches (6) $150.00 $165.00
67D 200 Amp Alternator Included Included
872 Rear View Camera & Prep Kit $377.00 $415.00
90L Power Equipment Group $1,001.00 $1,100.00
90LACD Accessory Delay Included Included
90LASP Advanced Security Pack Included Included
90LPLK Power Locks Included Included
90LPTL Power Tailgate Lock Included Included
90LPWN Power Front & Rear Seat Windows Included Included 90LRKE Remote Keyless Entry Included Included
913 SYNC 3 Communications & Entertainment System $410.00 $450.00 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_01 (0 I) Medium Earth Gray w/HD Vinyl 40/20/40 Split Bench Seat NC NC $43,249.36 $46,460.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 26
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CODE DESCRIPTION INVOICE MSRP
PAINT Monotone Paint Application STD STD
RBAR Rear Stabilizer Bar Included Included
STDGV GVWR: 10,000 lb Payload Package Included Included TCH Tires: LT275/65Rx18E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
ajd dealer adj $-808.64 $0.00
Open-End (Equity) Lease Rate Quote Quote No: 6655555
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 27
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CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Driver Door: reverse opening rear passenger doors Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror: convex driver and passenger mirror Mirror Type: manual extendable trailer mirrors
Door Handles: black
Front And Rear Bumpers: chrome front and rear bumpers with body-coloured rub strip Front Tow Hooks: 2 front tow hooks
Body Material: aluminum body material
: class V trailering with hitch, brake controller
Paint Type: badging
Grille: black w/chrome surround grille
Upfitter Switches: upfitter switches
Convenience Features:
Air Conditioning manual air conditioning
Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Power Windows: power windows with driver and passenger 1-touch down Remote Keyless Entry: keyfob (front doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Remote Engine Start: remote engine start - smart device only (subscription required) Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Emergency SOS: SYNC 3 911 Assist emergency communication system Front Cupholder: front and rear cupholders
Overhead Console: full overhead console with storage
Glove Box: illuminated locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Dashboard Storage: dashboard storage
IP Storage: covered bin instrument-panel storage
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
AC Power Outlet: 1 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: FordPass Connect 4G internet access
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite halogen headlamps Cab Clearance Lights: cargo bed light
Front Wipers: variable intermittent wipers
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: digital/analog appearance
Tachometer: tachometer
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Vehicle Leases for the Community Services Department
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Compass: compass
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Door Ajar Warning: door-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts: height adjustable front seatbelts 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Ignition Disable: SecuriLock immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 4-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Fore/Aft: manual driver and passenger fore/aft adjustment Front Centre Armrest Storage: front centre armrest with storage Rear Seat Type: rear 60-40 split-bench seat
Rear Folding Position: rear seat fold-up cushion
Leather Upholstery: vinyl front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Shift Knob Trim: urethane shift knob
Interior Accents: chrome interior accents
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Item Title: 10.22
Vehicle Leases for the Community Services Department
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Standard Engine:
Engine 385-hp, 6.2-liter V-8 (regular gas)
Standard Transmission:
Transmission 6-speed automatic w/ OD and PowerShift automatic Printed On 09/07/2022 06:13:06 PM Page 7 of 7
Item Title: 10.22
Vehicle Leases for the Community Services Department
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 31
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 32
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Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 33
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Letter of Agreement
To Extend the Contract
Between
Enterprise Fleet Management, Inc.
600 Corporate Park Drive
Clayton, MO 63105
And
Sourcewell
202 12th Street NE
Staples, MN 56479
Phone: (218) 894-1930
The Vendor and Sourcewell have entered into an Agreement (Contract #060618-EFM) for the procurement of Fleet Management Services. This Agreement has an expiration date of July 24, 2022, but the parties may extend the Agreement for one additional year by mutual consent.
The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell’s members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on July 24, 2023. All other terms and conditions of the Agreement remain in force.
Sourcewell
By: ___________________________________________, Its: Director of Operations & Procurement/CPO
Name printed or typed: Jeremy Schwartz___________________________________________
Date
Enterprise Fleet Management, Inc.
By: ___________________________________________, Its: _________________________
Name printed or typed: _________________________________________________________
Date
!
!
Item Title: 10.22
Vehicle Leases for the Community Services Department
Item Page Number: 34
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CITY OF MENIFEE
SUBJECT: Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC
MEETING DATE: September 21, 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. Approve and authorize the City Manager to execute the improvement agreement to guarantee completion of improvements associated with Tract Map 32628, located at the southeast corner of the intersection of Antelope Road and Craig Avenue.
DISCUSSION
Tract Map 32628, also known as Adler Ranch (“Project”), is comprised of 29.29 gross acres of land to be subdivided into five total lots for residential use. The Project is located on the southeast corner of the intersection of Antelope Road and Craig Avenue.
FPG Tricon Menifee Property, LLC. (“Developer”) is now requesting approval of a Security Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities be posted to guarantee the completion of required street, water and drainage improvements within 24 months following the City Council approval date.
Staff has reviewed the Developer’s request and determined that the SIA meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the table below.
Table 1 - Improvements TM 32628
Improvement Security Faithful Performance Labor & Materials Streets and Drainage K41598700 $64,500 $32,250
Water System K41598700 $49,000 $24,500
Total $113,500 $56,750
Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 1
Menifee
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City of Menifee Staff Report
TM 32628 Improvement Agreement
September 21, 2022
1 1
6 3
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Location Map
2. Security Improvement Agreement
3. Security Improvement Bonds
Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 2
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P r o je c t L o c a t io n
C it y o f M e n if e e M a p
C it y o f M e n if e e , S o u r c e : E s r i, M a x a r , E a r t h s t a r G e o g r a p h ic s , a n d t h e G I S U s e r C o m m u n it y
C it y B o u n d a r y
M a jo r R o a d s
F r e e w a y s & H ig h w a y s
8 / 1 0 / 2 0 2 2 , 2 : 4 9 : 3 3 P M
0 0 . 3 0 . 60 . 1 5 m i
0 0 . 5 5 1 . 10 . 2 8 k m
1 : 2 4 , 0 7 5
C it y S t a f f
M a x a r | C it y o f M e n if e e | R C I T - G I S | C it y o f M e n if e e ; R iv e r s id e C o u n t y | R C I T G e o g r a p h ic a l S o lu t io n s ( G I S ) | R iv e r s id e C o u n t y P a r c e l D a t a ; C it y o f M e n if e e G I S | R C I T - G I S , L A F C O | R C I T G I S , Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 3
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 4
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 5
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 6
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 7
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 8
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 9
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 10
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 11
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 12
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 13
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 14
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 15
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MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 32 ,250
Water System $ 24,500
Sewer System $ ______ _
Surety Westchester Fire Insurance Company
Address 436 Walnut Street WA06T
City/State Philadelphia, Pennsylvania
Zip 19106
Phone 215-640-1000
Tract/Parcel Map �32=6=2�8 _____ _
Bond No.
Premium ....._ ________ _
Principal FPG Tricon Menifee Property LLC
Address 27 271 Las Ram bias, Suite 100
City/State Mission Viejo, CA
Zip _9 _26_ 9_1 _________ _
Phone (949) 445-69 29
WHEREAS, the City Council of the City of Menifee, State of California, and FPG Tricon Menifee Property LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 32628, which agreement(s), dated 8/5/2022, is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Fifty Six Thousand Seven Hundred Fifty Dollars, ($56,750) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
K41598700
Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 16
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 17
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 18
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 19
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 20
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Item Title: 10.23
Security Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC Item Page Number: 21
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CITY OF MENIFEE
SUBJECT: Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the improvement agreements to guarantee the completion of required improvements associated with Tract 29835-F, located east of Antelope Road and north of Rouse Road; and
2. Approve and authorize the filing of the final map for Tract 29835-F.
DISCUSSION
Tentative Tract Map (TTM) 29835-F, also known as Underwood (“Project”), is a proposed subdivision of 27.4 gross acres of land to be subdivided into 114 total lots for residential use. The project is located east of Antelope Road and north of Rouse Road.
KB Homes Coastal, Inc., (“Developer”), is now requesting approval and filing of the final map for TTM 29835-F and approval of the associated Subdivision Improvement Agreements (“SIAs”) as required by the project’s conditions of approval. The SIAs require that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the final map and associated agreements.
Staff has reviewed the Developer’s request and determined that the final map and associated SIAs meet the requirements of the project’s conditions. A summary of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 1
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City of Menifee Staff Report
TM 29835-F Final Map
September 21, 2022
1 1
8 6
Table 1- TTM 29835-F, IP19-043, Onsite Improvements
Improvement Security Faithful Performance Labor & Materials Streets and Drainage 024252532 $1,901,000 $950,500
Water System 024252532 $476,000 $238,000
Sewer 024252532 $582,500 $291,250
Total $2,959,500 $1,479,750
Table 2- TTM 29835-F Monuments
Improvement Security Faithful
Performance
Labor & Materials
Survey Monument 024258918 $126,000 N/A
Total $126,000 N/A
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Project Map
2. Final Map
3. Subdivision Improvement Agreement – Roads
4. Subdivision Improvement Agreement – Water System
5. Subdivision Improvement Agreement – Sewer System
6. Subdivision Improvement Bonds
7. Monument Agreement
8. Monument Bond
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 2
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 3
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No. 9029PROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIA
THOMAS M. CASELDINE
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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R.S. 126/60R.S. 131/82-84M.B. 15/32
P.M.B. 103/27P.M. NO. 15443P.M. NO. 24373P.M.B. 182/67-68R.S. 65/35-36TRACT NO. 19781 M.B. 186/32-40 122123124125126127128ROMOLA FARMS M.B. 11/15NE 1/4 SEC. 22,T.5 S., R. 3 W. S.B.M. 174TRACT NO. 29777, M.B. 467/83-90175928POR. OF LOTS932, 943POR. OF LOTS931, 944930POR. OF LOTS929, 945, 946M.B. 15/29-31ROMOLA FARMS NO. 1016951688169416891693169016921691ROMOLA M.B. 15/98-100 TRACT NO. 29835-1M.B. 470/ 69-76TRACT NO. 29835-2M.B. 478/70-80PAR. A R.S. 126/60P.M.B. 81/20ROMOLA FARMS NO. 15M.B. 15/98-10016731674167216751671167616811682168016831670 FARMS NO. 15TRACT NO. 29835-3M.B. 479/41-50 TRACT NO. 29835-4M.B. ____/ _____
M.B. 15/29-31R.S. 65/35-36
TRACT NO. 31098M.B. 472 / 73-89
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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TRACT NO. 29835-3M.B. 479/41-50
TRACT NO. 29835-4M.B. ___/ ____
TRACT NO. 29835-2M.B. 478/70-80
N
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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TRACT NO. 29835-3M.B. 479 / 41-50
TRACT NO. 29835-3M.B. 479 / 41-50
ROMOLA FARMS NO. 15M.B. 15 / 98-100
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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ROMOLA FARMS NO. 15M.B. 15 / 98-100
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 10
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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TRACT NO. 29835-3M.B. 479/41-50
TRACT NO. 29835-4
M.B. ___/ ____
N
“ ”
”
Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 41
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
Item Page Number: 56
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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Item Title: 10.24
Final Map, Security Improvement Agreements, and Bonds for Tract Map 29835-F, Underwood, by KB Home Coastal, Inc.
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CITY OF MENIFEE
SUBJECT: 2021/2022 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Edna I. Lebrón, Senior Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1.Adopt a resolution approving the 2021/2022 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Menifee’s Community Development Block Grant (CDBG) Program, authorizing staff to submit the CAPER to the Department of Housing and Urban Development (HUD).
DISCUSSION
In fiscal year 2021/2022, the City received $527,689 in Community Development Block Grant (CDBG) funds from Housing of Urban Development (HUD). The grant allows the City to carry out a number of housing and community development programs that are targeted primarily to low- income households. Projects included housing rehabilitation and public services.
HUD requires recipients of CDBG funds to prepare an annual evaluation of the progress and implementation of programs and activities under their CDBG program. The CAPER has been prepared to assist residents and HUD to evaluate the City's use of CDBG funds to meet the priority needs identified in the City's 2017-2021 Consolidated Plan (adopted by City Council on May 3, 2017).
The table on the following page summarizes the various projects/activities included within the 2020/2021 Program Year (PY), the allocated amounts, amount spent, and number of Low and Moderate individuals (LMI) served during the year.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
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City of Menifee Staff Report
CDBG CAPER PY 2021/2022
September 21, 2022
1 1
3 1
TABLE 1: PY 2021/2022 CDBG & CDBG-CV Program/Activity
Program Year 2021/2022 CDBG & CDBG-CV
Program/Activity
Allocated
Amount
Amount
Spent/
Drawndown
FY21/22
Drawdowns
For Prior
Year
Expenditures
LMI
Served
Administration $ 83,323 $ 83,323 0 N/A
Fair Housing Council of Riverside County 22,215 21,965 0 489 Minor Home Rehabilitation Grant Program (MHRGP) 100,000 33,849 0 3 Activity Delivery Cost - MHRGP 20,000 3,410 0 N/A
Assistance League of Temecula Valley:
Operation School Bell 10,164 10,164 0 88
Menifee Valley Community Cupboard:
Emergency Food Distribution 18,169 18,169 0 966
Habitat for Humanity:
Brush with Kindness Program 10,164 10,164 0 46
Boys and Girls Club of Menifee Valley:
Before and After School Scholarship Program 10,164 10,164 0 121 Family Services Association
Senior Nutrition Program 10,164 10,164 0 399
Hospice of the Valley
Senior Hospice Services 10,164 10,164 0 41
SAFE Alternative for Everyone
Services for Abused and Neglected 10,164 10,164 0 237
Peacock Place Project1 222,998 0 0 N/A
$527,689 $221,700* $0
Prior Year Carry-Over Activities/Funds
Romoland Phase II $ 79,130 $0 $ 79,130 N/A
Minor Home Rehabilitation Grant Program 88,593 78,593** 10,000** 7 Activity Delivery Cost - MHRGP 3,309 0 3,309** N/A
Combined Total of 21/22 and Prior Year $698,721 $300,293 $92,439 2397
CDBG-CV
Homeless Outreach
Riverside University Health System-Behavioral
Health (RUHS-BH)
$122,209 $51,454 $17,190 32
Computer Lab Program
Workforce Development 30,823 0 30,820 20
Rental Mortgage Assistance Program
333,225 184,427 0 23
Food Activity
Supplement to Senior Nutrition Program 133,988 12,795 119,600 02 Boys & Girls Club3 20,000 0 0 0
CV Administration 71,446 20,095 14,184 N/A
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
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City of Menifee Staff Report
CDBG CAPER PY 2021/2022
September 21, 2022
1 1
3 1
* An additional estimated $23k in Minor Home Repair Activity delivery costs and other 21/22 Program incurred in FY21/22 drawn down after September 2022, not included in these costs and will be reflected in 2022 CAPER. Includes Expenditures incurred during FY22/23 and drawdowns completed during FY21/22 for prior year expenditures.
**PR26 Financial Report does not reflect drawdowns completed in detailed section of drawdowns. Pending HUD PR26 technical support/update.
Footnotes: 1 – other funding source used; 2 – program completed; 3 – program commenced 8/22 Public Notice
CDBG regulations require that the public be given a 15-day period to review the CAPER and provide comments prior to approval by the City Council. A public notice announcing the availability of the CAPER was published in the Press Enterprise on September 6, 2022, and copies of the CAPER were made available for public review at City Hall and on the City’s website. The public review period ran from September 6, 2022, through September 20, 2022. Any written comments or questions are responded to in writing by staff and are included in the CAPER when it is submitted to HUD on September 30, 2022.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact to the General Fund from participating in the CDBG program.
Additionally, as allowed per HUD regulations and listed under the “Planning and Administration” section on Page 2, a portion of the annual allocation is used to cover staff time spent on the administration activities, including the preparation of the CAPER, related to the City’s CDBG Program.
The Consolidated Annual Performance and Evaluation Report (CAPER) is an annual requirement pursuant to 24 CFR 91.520 for participation in the CDBG program.
ATTACHMENTS
1. Resolution
2. Consolidated Annual Performance and Evaluation Report (CAPER) for 2021/2022 Annual Action Plan
Program Year 2021/2022 CDBG & CDBG-CV
Program/Activity
Allocated
Amount
Amount
Spent/
Drawndown
FY21/22
Drawdowns
For Prior
Year
Expenditures
LMI
Served
CDBG-CV Total $711,691 $268,771 $181,794 75
Combined Allocated Amount for CDBG & CV $1,410,412 $569,064 $274,233 2413 Combined Expenditure Amount for CDBG & CV* $843,297
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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-1
RESOLUTION NO. 22-_____
A RESOLUTION OF THE CITY OF MENIFEE CITY COUNCIL APPROVING THE
COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT PLAN FY 2021/2022 AS PART OF THE END OF THE YEAR REQUIREMENT PROVIDED TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT UNDER THE ENTITLEMENT GRANTEE
PROGRAM
WHEREAS, the City of Menifee ("City") participates in the Department of Housing and Urban Development's ("HUD") Community Development Block Grant ("CDBG") Program; and
WHEREAS, the City received CDBG funds in fiscal year 2021/2022; and WHEREAS, HUD requires the City to prepare and submit a Consolidated Annual Performance and Evaluation Report ("CAPER") for the CDBG program within 90 days of the close of the fisc.al year; and
WHEREAS, the City of Menifee, as required by the U.S. Department of Housing and Urban Development (HUD), duly published notice of, and conducted a public hearing to obtain the views of citizens on the Consolidated Annual Performance Evaluation Report (CAPER) for fiscal year 2021/2022; and
WHEREAS, on September 21, 2022 , the City Council of the City of Menifee reviewed the draft CAPER and approved the report, including any comments and response to the comments that are accepted at the hearing.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee as follows:
Section 1: The Consolidated Annual Performance and Evaluation Report (CAPER) for the fiscal year 2021/2022, a copy of which is on file with the City Clerk of the City of Menifee, is approved.
Section 2: Staff is authorized and directed to submit the 2021/2022 Consolidated Annual Performance and Evaluation (CAPER) to the U.S. Department of Housing and Urban Development (HUD) as required.
Section 3: This Resolution shall take effect upon the date of its adoption.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
848 of 2787
-2
PASSED, APPROVED, AND ADOPTED this 21st day of September 2022. _________________________________
Bill Zimmerman, Mayor
ATTEST:
_________________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
849 of 2787
City of Menifee
Community Development Block Grant
Program (CDBG)
Consolidated Annual Performance and
Evaluation Report (CAPER)
Program Year 10: 2021/2022
City of Menifee
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
850 of 2787
Table of Contents
CR-05 Goals and Outcomes…………………………………………………..1
CR-10 Racial and Ethnic Composition
of Families Assisted……………………………………………………………7
CR-15 Resources and Investments………………………………………...…9
CR-20 Affordable Housing…………………………………………………..11
CR-25 Homeless and Other
Special Needs…………………...……………………………………………14
CR-30 Public Housing……………………………………………………….17
CR-35 Other Actions………………………………………………………....18
CR-40 Monitoring……………………………………………………….……27
CR-45 CDBG 91.520(c)……………………………………………………….28
Attachments
• PR26 – CDBG Financial Summary
Report
For additional questions please contact: Edna I. Lebrón, Sr. Management Analyst, City of Menifee Email: [email protected] Phone: (951)723-3713.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 1
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This document represents the City of Menifee’s 2021/2022 Consolidated Annual Performance Evaluation Report (CAPER) related to the City’s Community Development Block Grant Program (CDBG). Pursuant to the federal regulations applicable to the CDBG Program, the CAPER is prepared annually to evaluate the City’s overall progress and performance in meeting the priority activities identified within its’ Consolidated Plan and Annual Action Plan.
The CAPER provides the Department of Housing and Urban Development (HUD), the public, and the City an opportunity to review its accomplishments over the most recent program year.
Since 2010, the City of Menifee continues to experience significant growth year by year, with a population of 106,627 as of May 20 22 (per California Department of Finance most current statistics), representing an increase of 2.9% more than last year.
Program Year 2021/2022 for the period of July 1, 2021, to June 30, 2022, represents the City’s fifth year of the period addressed within the Consolidated Plan: 2017-2021. Comprehensively, in addition to the specific objectives and goals identified within the Consolidated Plan, during the 2021/2022 Program Year, the City concentrated its efforts on addressing the specific goals/objectives of the 2021/2022 Annual Action Plan.
A total of Two Thousand Three Hundred and Ninety-Seven (2,397) Low-and Moderate-Income persons were served through various projects/activities during the 2021/2022 Program Year period (this includes prior year program/projects completed in the 2021/2022 timeframe).
Including:
▪ Senior Services: A total of Four Hundred and Ninety-Six (496) LMI seniors o Ten (10) households for the Minor Home Rehabilitation Grant Program specifically targeting seniors 62+ and/or disabled persons
o Forty-Six (46) senior and/or disabled homeowners a ssisted by Habitat for Humanity
o Three Hundred Ninety-Nine (399) seniors provided with nutritional meals by Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 2
Family Services Association (FSA)
o Forty-one (41) seniors 62+ were provided with comprehensive hospice services ▪ Youth Services: Two Hundred and nine (209) LMI youth
o Eighty-Eight (88) youth received school clothing from the Assistance League of Temecula Valley
o One Hundred Twenty-One (121) youth received before and after school programs from the Boys & Girls Club of Menifee Valley
▪ Emergency Food Distribution Services: Nine Hundred and Sixty-Six (966) LMI persons were assisted with food baskets
▪ Domestic Violence Services: Two Hundred and T hirty-Seven (237) LMI persons were assisted within the City of Menifee
▪ Fair Housing Services and/or Tenant Services were provided to Four Hundred and Eighty- Nine (489) persons within the City of Menifee
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
853 of 2787
CAPER 3
Table 1 - Accomplishments – Strategic Plan & Program Year to Date Goal Category 2021/2022
Amount Indicator Unit of
Measure
5-Year Strategic Plan 2021/2022 Program Year 5
Expected Actual Percent
Complete Expected Actual Percent
Complete
Affordable
Housing
Preservation
Affordable
Housing
CDBG:
$100,000
Homeowner
Housing
Rehabilitated
Households 50 38 76% 10 10 100%
Fair Housing
Services
Affordable
Housing
CDBG:
$22,215 Other Households 2500 3408 136% 500 489 98%
Homelessness
Prevention
Services
Homeless CDBG:
$18,169
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 6750 6284 93% 1400 966 69%
Infrastructure
and Public
Facilities
Improvements
Non-Housing
Community
Development
CDBG:
$222,998
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 4500 4505 100% 1185 0 0%
Services for
Low- and
Moderate-
Income
resident
Public Services CDBG:
$60,984
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 2350
2729
116% 658 932 142%
Program
Administration Administration
CDBG:
$83,323
Other Other - - - - - -
Activity Deliver
Cost for
Affordable
Housing
Prevention
Program
Administration CDBG:
$20,000 Other Other - - - - - -
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
854 of 2787
CAPER 4
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During Program Year 2021/2022 the City of Menifee focused on addressing the following four (4) objectives:
1. Administration (Program implementation and planning activities, including fair housing services)
2. Owner Housing Rehabilitation Objectives
3. Public Facilities Objectives
4. Public Services Objectives
Program Year 2021/2022 is the City’s tenth year participating as an entitlement community within the CDBG Program. During the 2021/2022 year, the City has been able to make significant progress in accomplishing various goals.
The City of Menifee’s primary objective is to use its CDBG funds to provide Low-and Moderate- Income persons with a decent and suitable living environment, including economic opportunities.
Under the four objectives listed above, during the 2021/2022 the City was able to accomplish the following:
1. Administration: Delivery/implementation of CDBG funded services/projects.
a. Fair Housing Services by contract with Fair Housing Council of Riverside County.
Four hundred eighty-nine (489) persons received fair housing services during the 2021/2022 program year. (Funded: $22,215 Expended: $21,965);
2. Owner Housing Objectives : During 2021/2022, a total of ten (10) Low-and Moderate- Income households of senior (62+) and/or permanently disabled owner -occupants residing within the City of Menifee received direct assistance through the Minor Home Rehabilitation Grant Program. Assistance was provided for repairs such as water heater replacements, re-roofs, and ADA accessibility improvements. By means of the Minor Home Rehabilitation Grant Program, the City is able to further the objectives of preserving affordable housing stock in good condition, and providing Low-and Moderate -Income seniors and/or permanently disabled persons with a decent, suitable and more accessible Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
855 of 2787
CAPER 5
living environment. (Funded: $100,000 Expended: $122,442 prior & current year funds);
3. Public Services: Funding of public services for the 2021/2022 program year were reflective of the highest priority needs based on the Community Needs Assessment completed in 2017. As a City with a large senior and young family population, senior and youth services were identified as the highest priority. The various programs/activities included in the 2021/2022 program are reflective of this and include:
Youth Services:
a. Boys an d Girls Club of Menifee Valley: Before and After School Programs (Scholarships), which provided scholarships for low-and moderate-income youth residing within the City of Menifee to participate in the various Before and After School recreation programs offered by the local chapter of the Boys and Girls Club. (Funded; $10,164 Expended: $10,164)
b. Assistance League of Temecula Valley: Operation School Bell Program, which provided school appropriate clothing for low-and moderate -income youth residing within the City of Menifee for the beginning of the school year. (Funded:
$10,164 Expended: $10,164)
Senior Services:
a. Habitat for Humanity Inland Valley: A Brush with Kindness Program, which provided repairs and maintenance within the City of Menifee . (Funded: $10,164 Expended: $10,164)
b. Family Service Association (FSA) – Senior Nutrition Program: A More Than a Meal Program, which provided nutritional meals to seniors on a weekly basis within the City of Menifee. (Funded: $10,164 Expended: $10,164)
c. Hospice of the Valleys: Senior Assistance Program, which provided comprehensive hospice services for senior residents residing within the City of Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
856 of 2787
CAPER 6
Menifee (Funded $10,164, Expended: $10,164)
Other Categories:
a. Menifee Valley Community Cupboard: Emergency Food Distribution Program, which provides emergency food for Low -and Moderate -Income persons and families residing within the City of Menifee. (Funded: $18,169 Expended: $18,169)
b. SAFE Alternatives for Everyone: Provided services to children, youth, and families that were at risk or who ha d experienced abuse and violence . Funded: $10,164 Expended: $10,164)
CARES Act CDBG-CV Funding Summary
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES), Public Law 116-136 was signed by the President of the United States. This made available $5 billion in Community Development Block Grant Coronavirus (CDBG -CV) funds, to respond to the growing effects of the historic COVID-19 public health crisis. The Department of Housing and Urban
Development (HUD) informed City of Menifee that CARES Act funding would be allocated to the City based on the existing entitlement formulas for the CDBG program.
CDBG-CV funding were allocated to jurisdictions in three phases. HUD allocated the first and third phases of CDBG-CV funds to the City in the amount of $307, 232 and $404,459, separately. The second phase was allocated to States and insul ar areas. During the 2020 program year, the City allocated the CDBG-CV funds to public services projects. Each project was selected to assist in carrying out the City’s C DBG priority need of COVID -19 - Prepare, Prevent and Respond to Coronavirus.
▪ CDBG-CV Activity Summaries FY2021/2022:
▪ Rental Mortgage Assistance Services: Twenty-Three (23) LMI residents of Menifee were provided with rental or mortgage assistance
▪ Computer Lab Services: Twenty (20) LMI residents were assisted with Workforce Development Services
▪ Homeless Outreach Services: Thirty-Two (32) LMI persons were assisted with housing, mental health, and substance abuse services
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
857 of 2787
CAPER 7
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 1770
Black or African American 251
Asian 86
American Indian or American Native 14
Native Hawaiian or Other Pacific Islander 23
Total 2144
Hispanic 808
Not Hispanic 1336
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The above table utilized data automatically populated through the EconPlanning Suite system for CDBG PY2021/2022; however, it did not accurately reflect all the required racial and ethnicity IDIS categories as required in IDIS reporting. The total should be 2,397, which includes the Goal Category 2019/20
Amount Indicator Unit of Measure Expected Actual Percent Complete
COVID-19
Prepare, Prevent
and Respond
Rental/Mortgage $333,225
Public Service
Low/Mod
Housing Benefit
Household
Assisted 28 23 82%
COVID-19
Prepare, Prevent
and Respond
Food Activity $133,988
Public Service
Other than
Low/Mod
Housing Benefit
Persons Assisted 350 320 91%
COVID-19
Prepare, Prevent
and Respond
Homeless
Outreach $122,209
Public Service
Other than
Low/Mod
Housing Benefit
Persons Assisted 30 32 107%
COVID-19
Prepare, Prevent
and Respond
Computer Lab $30,823
Public Service
Other than
Low/Mod
Housing Benefit
Persons Assisted 15 20 133%
COVID-19
Prepare, Prevent
and Respond
Boys & Girls Club $20,000
Public Service
Other than
Low/Mod
Housing Benefit
Persons Assisted 15 0 0%
COVID-19
Prepare, Prevent
and Respond
Planning and
Administration $71,446 Other - - - -
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
858 of 2787
CAPER 8
numbers in the table above as well as the following: American Indian/Alaskan Native & White (13), Asian White ( 13), Black/Africa American & White ( 21), American Indian/Alaskan Native & Black/African American (9), Other Multi-Racial (197).
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
859 of 2787
CAPER 9
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Federal $698,721.00 $392,732.00
CDBG-CV Federal $711,691.00 $450,565.00
Table 3 - Resources Made Available
Narrative
During the fiscal year, the City of Meni fee had a total of $1,410,412 in Federal CDBG funding available to fund eligible Housing and Community Development activities in low-and moderate - income areas and to fund local agencies that provide services that assist low - and moderate- income residents throughout the City. The funding consisted of $527,689 in new entitlement funding through CDBG, $171,032 of prior year funding, and $711,691 in CDBG-CV funds.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Target Areas 42% 0 Peacock Project
Citywide 58% 58%
Table 4 – Identify the geographic distribution and location of investments
Narrative
Funds expended during 2021/2022 were mainly used connected to Low-and Moderate-Income Clientele (LMC) activities serving Low -and Moderat e-Income persons residing within and throughout the City of Menifee.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
860 of 2787
CAPER 10
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The CDBG Program does not require matching funds. Whenever possible, the City will continue to seek other funding opportunities (public and private) to help address the needs of its community, and will evaluate potential leverage opportunities to maximize addressing needs in future program years.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
861 of 2787
CAPER 11
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate- income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 10 10
Number of households supported through
Acquisition of Existing Units 0 0
Total 10 10
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
During Program Year 2021/2022, the City was able to complete rehabilitation on ten (10) projects under its Minor Home Rehabilitation Grant Program (MHRGP) , and forty-six (46) through the Habitat for Humanity – Brush with Kindness Program.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 12
The MHRGP program provides assistance to income eligible owner -occupant senior (62+) or permanently disabled persons. Additionally, there is one (1) other project underway and fifteen (15) new applications that were mailed out to senior for the MHRGP at the end of August 2022.
Improvements completed under the program included, but are not limited to, replacements of water heater(s), re -roofs, ADA grab bar additions, ramps/entrance accessibility improvements, ADA accessible toilet replacements, sub -flooring replacements, non -operating HVAC replacements etc.
In respect to the Brush with Kindness program, Habitat for Humanity provides repairs and maintenance to low -to-moderate income residents. Residents served under the Brush with Kindness Program are senior citizens, veterans, un employed, working families, and those with physical disabilities.
Example of types of minor housing projects are those that reduce blight and resolve small repairs and maintenance issues such as landscaping, exterior painting, fascia and fence repairs.
Discuss how these outcomes will impact future annual action plans.
The program has been very well received by the senior community and serves as one of the primary housing assistance programs for income eligible senior residents. The City has worked in the last year to improve efficiencies on delivery of the program, and re -focused on completing the projects in timely manner. Currently there is a wai ting list of thirty-two (32) seniors and or permanently disabled persons awaiting help from the MHRGP. Future Consolidated Plans will evaluate the size of the program comprehensive and feasibility of what can feasibly be completed within a year’s timeframe and make any necessary adjustments, if needed.
Include the number of extremely low -income, low -income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 17 0
Low-income 27 0
Moderate-income 12 0
Total 56 0
Table 7 – Number of Households Served
Narrative Information
Collectively, the City’s MHRGP and Habitat for Humanity, provide home repairs and or maintenance to seventeen (17) extremely low-income, twenty-seven (27) low-income residents, and twelve (12) moderate income residents in an effort to keep housing affordable and improving Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
863 of 2787
CAPER 13
living conditions.
Housing Needs
With respect to affordable housing, the 2017 -2021 Consolidated Plan identified property maintenance warrantable for addressing housing needs in Menifee. As such to address the Minor Home Rehabilitation Grant Program (MHRGP) was included in the 2021/2022 Annual Action Plan projects/activities. The outcome goal for the program is to assist approximately ten (10) LMI household units. Through the Minor Home Rehabilitation Grant Program, the City’s objective is to foster and maintain existing affordable housing stock. “WORST-CASE NEEDS”: Worst case housing needs are defined as low-income renter households who pay more than half their income for rent, live in seriously substandard housing or have been involuntarily displaced. The City of Menifee served the worst -case needs in FY 2021/2022 by providing the following:
More than 50% of rent: The Housing Choice Voucher rental assistance Program provided housing payment assistance to those qualifying households who paid more than 50% of their income for housing. CDBG and ESG funds were utilized through various agencies to aid with food and other support services.
Substandard Housing: The Housing Choice Voucher rental assistance program and various residential rehabilitation programs (stated above) ensured that substandard housing met HQS Standards, State Standards and/or local rehabilitation standards for decent housing. Additionally, the City participates in the County’s mortgage certificate program.
Involuntarily Displaced: During the reporting period, there was no voluntary or involuntary displacement through the City’s Federal Entitlement Programs.
The City has also identified homelessness as a worst -case need and allocated CDBG funds for Homeless Outreach Prevention Program.
Persons with Disabilities: The City has focused its capital improvement projects on removing barriers to those with disabilities. In the last few years and currently, the City have retrofitted, upgraded, and brought neighborhoods (eligible tract areas ) into compliance by adding ADA pedestrian ramps.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
864 of 2787
CAPER 14
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
According to R i v e r s i d e County 2022 Point-In-Time Homeless Count Report ( June 2022), an estimated 1980 unsheltered homeless people and 1336 sheltered homeless people, for a total 3316 homeless people, live in Riverside County. The survey documented about 32 homeless people living in Menifee.
While the City does not currently have a high homeless population, within the Strategic Plan developed as part of the 2017-2021 Consolidated Plan, it specifically identified the Elimination of Homelessness as one of its goals. To achieve this goal, the City is a member of the Continuum of Care and will continue to participate in the County of Riverside’s Plan to end homelessness as a county-wide effort. The County’s plan includes:
• Homeless Prevention
• Discharge Planning
• Street Outreach
• Shelter Beds
• Transitional Housing
• Permanent Supportive Housing
• Permanent Affordable Housing
• Homeless Management Information System
• Mainstream Resources
• Housing Trust Fund
• Inclusionary Housing Practices
The City has and will continue to support all County efforts as well as collaboration with other jurisdictions and CDBG recipients, in addressing existing homelessness, as well as actions to help homeless persons transition to permanent housing and independent living.
The County of Riverside Department Public of Social Services (DPSS) and Continuum of Care (CoC) continue to focus on expanding the services available to homeless, including providing additional beds, units, and services. Menifee residents are able to serve through programs such as the Riverside County Emergency Food and Shelter Program.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 15
Addressing the emergency shelter and transitional housing needs of homeless persons In completion of its 2022 Homeless Point-In-Time Count, the Riverside CoC reported 1111 emergency shelter beds and 225 transitional housing beds in Riverside County. Transitional Housing (TH) covers the cost of housing while providing case management and support services; providing a period of stability to enable homeless households to transition successfully to and maintain permanent housing within 24 months of program entry. To achieve its goal of ending homelessness, the CoC encourages communities to transform transitional housing programs to permanent supportive housing or rapid rehousing. The CoC partners with the Riverside County EDA, which administers ESG funding, to integrate CoC and ESG funding and increase the number of families with children who are assisted through rapid rehousing. In addition, non McKinney-Vento funding sources, such as the Emergency Food and Shelter Program (EFSP), funded under FEMA, will be matched as a source for rental/mortgage assistance for families that are homeless or at risk of homelessness in the county's strategy to meet this goal.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The CoC has adopted and implemented a Housing First and Rapid Rehousing CoC wide approach to reduce the length of time homeless (LOTH) and has recently increased the number of public/private partners to help implement these approaches. In addition the CoC is revising the intake process to ensure homeless households are given the appropriate intervention at the time they are admitted into the program to reduce their stay; adjusted CoC and ESG case management procedures to move away from the housing ready approach to a home based case management approach; improved HMIS data collection through training; and generated monthly report for outcome measurement.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The County of Riverside CoC discharge policy is mandated by the State. The Discharge Planning Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
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for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
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21,
2022
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CAPER 16
Committee of the CoC is responsible for implementing policies and protocols, and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The County of Riverside Department of Mental Health collaborates w ith the Department of Public Social Services and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by serious mental health and/or substance abuse disorders.
Foster Care and Extended Foster Care programs help transition dependent youth who are emancipating from foster care to independent living. The Department of Public Social Services and the Riverside Sheriff's and Probation Departments support the CoC's mission of working towards reintegrating persons leaving correctional facilities to community based living and self-sufficiency.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 17
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Menifee does not have a Housing Aut hority. Any publicly subsidized housing within the City is provided and managed by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support their efforts.
Currently, the City has three (3) publicly ass isted multiple-family projects that offer 226 deed- restricted units affordable to lower income households. The Vineyards project offers 81 units affordable to lower income seniors. The Avila apartment has 178 units, of which 36 units are affordable to lowe r income family households. The 118 -unit Halter Hillside I and II project provides 110 affordable units to seniors.
Additionally, the County of Riverside’s Housing Choice Voucher (Section 8) program provides rental assistance to very low-income families to help them afford decent and safe rental housing in Menifee. This program is currently administered by the Riverside County Housing Authority.
The Housing Authority accepts application for rental assistance, selects the applicant for admission, and issues the applicant a rental voucher. The family must then find and lease a unit suitable to the family's needs and desires in the private rental market. The Housing Authority pays the owner a portion of the rent that generally covers the difference between wha t the tenant can afford (30% of income) and the locally determined fair market rent and payment standard. Because of the limited number of vouchers, there is a waiting list for vouchers.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
While the City of Menifee does not have a Housing Authority, it actively encourages participation through the various housing programs administered by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support their efforts.
Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Riverside (HACR) is not a troubled agency and has been HUD rated as either a "High Performer" or a "Standard Performer" in the past few years.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
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CAPER 18
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) As a main component of the City’s General Plan, the Housing Element (2021 -2029) of the Plan specifically reviews, assesses, and identifies the jurisdictions housing stock, any existing barriers/constraints to affordable housing, and actions, plans to mitigate the identified barriers/constraints.
As of December 18, 2013, the City of Menifee’s first General Plan was fo rmally adopted by City Council. The 6th Cycle Housing Element was adopted December 15, 2021 and is now pending certification by the Department of Housing and Community Development. The Housing Element incorporates the City’s strategy to eliminating barriers to affordable housing.
The City’s Housing Element includes an analysis of potential and actual market, governmental, and environmental constraints to the production, maintenance, a nd improvement of housing for persons of all income levels, including persons with disabilities. The adopted Housing Element identifies the following main categories of barriers/constraints in its analysis:
• Market Constraints – development costs, access ibility to financing, fees and assessments
• Land Use Controls – Conformity with General Plan Land Use • Development Regulations – Development standards, parking standards, building codes and enforcement, subdivision requirements, energy conservation, • Permitting Processes – Plot Plan process, design review process, housing for people with disabilities
In 2015, the City began implementation of the strategies to mitigate the identified constraints/barriers. While some of the identified factors, such as mar ket constraints are not within the direct control of the City, by including and identifying them in its analysis, the City has a comprehensive perspective and approach to proactively working on increasing accessibility to affordable housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Menifee works closely with the County of Riverside to address obstacles related to meeting underserved needs. The County direct services, education, referral s, and public health Item Title: 11.1
2021/2022
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Annual
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Evaluation
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Menifee
Mayor
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CAPER 19
assistance to Menifee residents through its HIV/AIDS programs, Lead Hazard Control Program, Elderly Services/Office of Aging, Homeless Programs Unit, Substance Abuse Programs, Mental Health Programs, and Anti -Poverty Programs. The City will continue to work closely with the County of Riverside.
Additionally, comprehensively through the public facilities/infrastructure projects and public services program/activities the City seeks to provide direct service and improvements to the underserved populations within Menifee.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) While the City does not currently have a stand-alone lead prevention program, lead- based paint hazard awareness, identification, testing, and if needed, mitigation, are incorporated as part of the Minor Home Rehabilitation Grant Program. Additionally the City will continue to participate on all lead-based paint hazard prevention programs such as the Childhood Lead Poisoning Prevention Program administered by the County of Riverside.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Menifee continue s its efforts to reduce the number of families and individuals living in poverty. The City focuses primarily on supporting programs that raise household incomes and stabilize housing situations. The City utilize s CDBG to support the continuation and implementation of affordable housing that help homeless persons make the transition to permanent housing and independent living.
Menifee used resources from state, federal and private sources to provide a number of community-based and direct services aimed directly or indirectly, at decreasing the poverty level.
These programs include: job enrichment, development, and placement through educatio n and economic development; food pantry programs, and programs designed to prevent and alleviate the devastating impact of domestic violence, which often plunge women a nd their children into poverty.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) Program Year 2021/2022 is the tenth year the City of Menifee participated within the CDBG Program as an entitlement community. As such, the Consolidated Plan 2017-2021 and 2021/2022 Annual Action Plan were intentionally structured with a simple framework. To enhance, organize good coordination and overcome gaps in institutional structure, the City established formal agreements with all participating subrecipients and internal memorandum of understanding (MOU) specifying the different roles of the subrecipients/departments.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
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CAPER 20
During the development and preparation for the 2021/2022 Annual Action plan various inter- departmental meetings were held to help identify shovel ready projects/activities that align with goals and objectives of 2017-2021 Consolidated Plan.
Within the City of Menifee, the roles of the various departments with respect to the implementation of the 2021/2022 Annual Action Plan are summarized as follows:
Community Development Department: The Community Development Department ( Planning Division), will ensure CDBG compliance with City land use policies and permits, as appropriate and necessary. Additionally, the Community Development Department also coordinates preparation of the Consolidated Plan, Annual Action Plan, and the Consolidated Annual Performance Evaluation Report (CAPER). The Department administers the CDBG housing programs, ensures satisfactory product and service delivery by all public service grantees, and is responsible for meeting all HUD CDBG program regulations.
City Manager’s Office: The City Manager’s Office is responsible for the day- to-day operations of the City, including financial commitments and program staffing. The Office ensures that City services, including CDBG, are performed to the highest standard in accordance with Council goals and policies.
Public Works Department: The Public Works Department is responsible for maintaining and operating all City-owned facilities including publicly maintained streets, parks, streetl i g h t s , some drainage facilities, and traffic signals. The Department is actively involved in the selection, implementation, and monitoring of CDBG infrastructure and public facilities projects.
Economic Development Department: The Economic Development Department participates in CDBG programs and projects that encourage investment in the community, create jobs, and provide opportunities for residents and businesses.
Community Services Department: The Community Services Department oversees the operation and maintenance of existing parks and recreation facilities, including the Kay Ceniceros Senior Center. Additionally, Community Services ran a Senior Meal Distribution Program due to COVID-19.
Additionally, private (non-profit) organizations played an integral role in the implementation of the 2021/2022 Program Year. The following organizations participated as public services subrecipients:
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
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CAPER 21
❖ Assistance League of Temecula Valley
❖ Boys and Girls Club of Menifee Valley
❖ Family Service Association (FSA)
❖ Habitat for Humanity
❖ Hospice of the Valleys
❖ Menifee SAFE & Healthy Families
❖ Menifee Valley Community Cupboard
The City will continue to work with the County of Riverside and local private service providers to ensure that residents of the City receive the best possible care. The City is a member of the Riverside County Continuum of Care, Western Riverside Council of Governments (WRCOG), and Southern California Association of Governments (SCAG), and works with the Menifee Valley Community Cupboard, and other service organizations to identify and address the needs and concerns of City residents.
In 2014, the City formed the Menifee Citizens Advisory Committee (MCAC) which has historically played an integral role in the CDBG Consolidated Plan and Annual Action Plan, particularly with respect to review of the public services applications and, was expanded to meet more frequently to review/provide feedback on the full Annual Action Plan and annual CAPER prepared. For PY2021, the CAPER will be presented to MCAC at a later date.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to enhance coordination between public and private housing and social service agencies through collaboration with various local nonprofit organizations, the Housing Authority of the County of Riverside, the County of Riverside Economic Development Agency and other agencies that partner with the City to revitalize low-income communities utilizing CDBG , and mortgage credit certificates.
Identify actions taken to overcome the effects of any impediments iden tified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
As part of the 2017-2021 Consolidated Plan process, an Analysis of Impediment to Fair Housing pursuant to 24 CFR 50.601 and 24 CFR 570.904 was prepared and adopted on May 3, 2017.
The following four (4) impediments were identified by the Analysis of Impediment completed, and are summarized along with discussion of actions taken to overcome the effect Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
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City
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21,
2022
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CAPER 22
of the impediments identified:
Impediment 1: Disabled Access Based on consultation with Fair Housing Council of Riverside County regarding requests received, the highest number of callers related to discrimination is associated with persons with disabilities. This impediment has a particularly large impact within the City of Menifee provided its large senior and elderly populations.
Recommendations:
Action 1: Contract with Fair Housing Council of Riverside Council of Riverside County for the provision of anti-discrimination services.
Timeframe: On-going. The City contracted with Fair Housing Council of Riverside County for Program Year 2021/2022 to provide anti-discrimination services and comprehensive fair housing services.
Action 2: Fair Housing Council will conduct staff training and community workshops on issues of reasonable accommodations and modifications, with a minimum of two trainings/workshops during the 2017-2021 Consolidated Plan term.
Timeframe: Due to COVID -19, June 15, 2019, is the most recent First Time Homebuyer’s Workshop that was held at Menifee City Hall. A total of eighteen (18) attendees went to the workshop. After June 15, 2019, virtual workshops have been held monthly.
Action 3: Offer a rehabilitation grant program, integrated throughout the 2017-2021 Consolidated Plan, which makes homes accessible, safe and healthy. The primary goal is to enable elderly or persons with disabilities to remain in their homes for extended periods of time.
Timeframe: The Minor Home Rehabilitation Grant Program for income -eligible senior and/or disabled persons was announced/launched by mid-June 2013 and has continued to be included as one of the projects/activities incorporated in each Annual Action Plan including 2021/2022. A total of thirteen (10) projects were completed during the 2021/2022 program year period.
Action 4: Continue to enforce Title 24 Disability Access Standards and encourage notification of violations by providing the appropriate forms for submittal to the City’s Building & Safety Department.
Timeframe: The City continues to do this on an on-going and continuous.
Impediment 2: Landlord-Tenant Conflicts During the development of the Analysis of Impediment it was identified that there were seven hundred eighty-five (785) calls to the Fair Housing Council in the past five years that were classified as landlord-tenant conflicts with Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 23
the highest number of calls regarding repairs and evictions.
Recommendation:
Action 5: Contract with the Fair Housing Council of Riverside County for the provision of landlord- tenant services including counseling, investigation, mediation, and referrals.
Timeframe: The City of Menifee contracted with Fair Housing Council of Riverside County for Program Year 2021/2022 and will continue to contract through the 2017-2021 Consolidated Plan.
Action 6: The Fair Housing Council continues to provide community outreach services to renters and property owners disseminating information, answering questions, and conducting workshops regarding fair housing rights and responsibilities. Services provided by Fair Housing Council include period July 1, 2012 through the term of the 2017-2021 Consolidated Plan.
Timeframe: On-going and continuous.
Impediment 3: Access to Fair Housing The City is committed to doing what it can to ensure fair housing choice is available for all Menifee residents.
Recommendation:
Action 7: Review and revise the zoning ordinance to remove any provisions, language, and requirements that may be discriminatory or in violation of federal fair housing laws. As the City of Menifee completes its review/update of the zoning/development code, proactive efforts will be made to ensure any potential barriers to affordable housing created by existing code are removed.
When the City of Menifee incorporated, the City Council adopted the County of Riverside’s Development Code and Ordinance 348 on an interim basis until a new development code could be developed for Menifee. In December 2019, the City Council adopted a comprehensive update to the Development Code (Zoning, Subdivision & Grading). The comprehensive adopted Zoning Code update included updates to remove potential barriers to affordable housing.
Since the comprehensive development code update, the City has amended the Development Code (Title 9 of the Menifee Municipal Code) to establish a multi -family ministerial review application procedure and requirements for mi nisterial review of multi-family residential projects with units affordable to lower income households that qualify for a streamlined ministerial review under State Bill (SB) 35.
The City will undertake another development code update per the Policies a nd Implementation Programs of City’s adopted 2021 -2029 Housing Element ) of the General Plan, the and address fair housing issues per the program actions discussed in the City’s Housing Element, some of the updates include:
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 24
▪ Evaluate the zoning code to ensure consistency with new statutory requirements for addressing homeless and emergency shelter needs.
▪ Amend the Development Code (Title 9) to comply with the definitions for “Supportive Housing,” “Supportive Services,” and “ Target Population” consistent with applicable sections of the California Government Code.
▪ Amend the Development Code (Title 9) to ensure Emergency Shelters and Transitional and Supportive Housing are permitted in appropriate zones, consistent with State law.
▪ Update the definitions of “Family,” “Single-Housekeeping Unit” and “Dwelling, Single Unit” to ensure compliance with all federal and state fair housing laws.
SB2 Planning Grant Program Funding
• In early 2020, the Department of Housing and Communit y Development (HCD) approved SB2 Grant funding of $310,000 for the City to undertake efforts to remove barriers to housing and accelerate housing production in the City of Menifee. The Grant funds were used for the following housing efforts:
▪ Development of Multifamily Objective Design Standards to accelerate housing production in compliance with Senate Bill (SB) 35. The City’s Objective Design Standards were adopted April 2022.
▪ Permit Ready Accessory Dwelling Unit (ADU) Plans and ADU Guidan ce Handbook.
This effort incentivizes ADU’s by streamlining ADU approvals and reducing permit costs. The construction plans are now available for residents to obtain City permits within the City of Menifee.
▪ The 6TH Cycle Housing Element Update, General Plan land use amendments and change of zoning as needed to accommodate the City’s regional housing needs allocation (RHNA). The City’s 6th Cycle Housing Element was adopted December 15, 2021 and is pending certification by the Department of Housing and Community Development (HCD). released for public review in June 2021 and is scheduled for adoption in October 2021.
LEAP Grant
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
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CAPER 25
• In May of 2021, HCD approved Local Early Action Planning (LEAP) Grant funding of $300,000 for projects for efforts to accelerate housing in the City of Menifee including:
▪ The 6TH Cycle Housing Element Update and Housing Element Program Environmental Impact Report.
▪ Entitlement and Permit Streamlining. A contract has been approved for consultant work on this e ffort, which will speed up approvals and permit processing by allowing online digital plan submittals. The public now has access to the City’s Citizen Access Portal, which allows for a more streamlined review with ease of electronic submittals.
In addition, the City’s permit processing application, ACCELA, has undergone recent updates and is continuously being updated.
▪ Inclusionary Housing Feasibility Study. This effort will provide quantitative data for the City to determine the feasibility, best method and approach for an Inclusionary Ordinance. The City is preparing a request for proposals (RFP) to be released Fall of 2022.
Action 8: Review the City’s development fee and processing structure to ensure that it does not impose an excessive burden on the construction of housing.
Timeframe: The City of Menifee approved and adopted, “City of Menifee User Fee Study Update” dated October 2018 on December 5, 2018. As part of the study all fees including development fees and processing structured were reviewed and updated to reflect current costs.
The City is currently working on conducting a new user fee study in order to determine the full cost of providing services to the individuals and businesses within the community.
The City adopted a new Development Impact Fee (DIF) on December 6, 2017. As part of the Development Impact Fee study, the City worked with the Building Industry Association to ensure that the fees did not impose an excessive burden on the construction of housing. The City also allowed for prepayment of DIF fees based on the previous schedul e, which was lower than the new DIF fees, for approved residential projects. The City is currently working on an updated DIF Nexus Study.
Action 9: Support the efforts of Riverside County to provide information and counseling to new recipients of government rental subsidies. The efforts assist renters in dealing with landlords and finding suitable housing.
Timeframe: The City will continue to do this on an on-going and continuous basis.
Impediment 4: Homeownership Opportunities The City concurs that homeownership provides important advantages that merit continued public support and encourages efforts that expand homeownership opportunities.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
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CAPER 26
Recommendation:
Action 10: Promote programs offered by Riverside County for first-time homebuyers, foreclosure recovery, and acquisition assistance.
Timeframe: On-going and continuous.
Additionally, the City of Menifee applied for the Permanent Local Housing Allocation (PLHA) Grant for $642,675.00 from the Department of Housing and Community Development (HCD) . The purpose of the grant is to provide financial assistance to local governments of eligible housing - related projects and programs to assist in addressing the unmet housing needs of their local communities. Once awarded, City of Menifee will use the fund for a Down Payment Assistance Program.
Action 11: The Fair Housing Council will provide first time homebuyer education services including one-on-one counseling and workshops to give buyers the tools they need to avoid predatory lending and possible foreclosure. Topics include: the importance of budgeting, qualifying for a home loan, finding a lender, finding the right home, and credit and predatory lending.
Timeframe: Beginning July 1, 2012 and through the term of the 2017-2021 Consolidated Plan.
Additionally, as of August 2014, the City of Menifee participates as part of the County of Riverside’s Mortgage Certificate Credit Program (MCC) which entitles qualified home buyers to reduce the amount of their federal income tax liability by an amount equal to a portion of the interest paid during the year on a home mortgage. This tax credit allows the buyer to qualify more easily for a loan by increasing the effective income of the buyer.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 27
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Menifee utilized multi-leveled monitoring to ensure all program project/programs are completed under the CDBG Program regulations and guidelines.
Projects/Programs completed by subrecipients and/or other City Departments included the following monitoring steps:
1. Subrecipients Agreement/MOU Executed
2. Copy of CDBG Program Policies and Procedures Provided and Discussed
3. Project/Program Kick-Off Meeting
4. Quarterly Reporting Requirements
5. Desktop Program/Project Review/Audit
6. On-Site Visits
7. Final/Close-Out Reporting Requirements
Fiscal monitoring is performed throughout the program year, from specific program budgets and performance measures delineated within the Subrecipients Agreement/MOUs executed, to thorough review of reimbursement requests received.
As part of the CDBG comprehensive Program Management, the City of Menifee conducted annual on-site programmatic and internal control visits of all the public services subrecipients.
Additionally, subrecipients are required to provide quarterly progress reports throughout the Program Year. As a condition of funding, the City Menifee requires each CDBG-funded project to measure performance in terms of productivity and program impact. Sub-recipients measured and reported productivity goals through the quarterly reports.
The on-site visits provides an opportunity to review and evaluate project operations, administrative and financial controls. Following the on-site visits, all subrecipients are provided with detailed follow-up letters discussing the results of the on-site visit, comprehensive desktop analysis, and where appropriate, recommended actions. Site visits provide a hands -on opportunity to review compliance with the executed agreement, proper financial management systems are in place, and project files are kept up to date.
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
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CAPER 28
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Pursuant to the requirements of the City’s Consolidated Plan/Citizen Participation Plan, during the annual preparation of the CAPER, the CAPER will be made available for public review/comment for a 15-day period, followed by a Public Hearing held on September 21, 2022 where it will be presented to City Council for adoption along with any public comments received.
A notice regarding the 15-day comment period and Public Hearing was published in the local newspaper, The Press Enterprise, in English and Spanish on September 6, 2022, as well as noticed within the City’s website. Copies of the draft CAPER were made available for review at City Hall (29844 Haun Rd, Menifee, CA 92586) or via email/mail upon request. (Comments or no comments)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
There were no changes in the jurisdiction’s program objectives during the 2021/2022 program year.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
N/A
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
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City
Council
September
21,
2022
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PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
13:36
08-22-22
Program Year 2021
MENIFEE , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
MENIFEE , CA
2,021.00
172,770.32
527,689.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 700,459.32
256,952.48
0.00 256,952.48
105,287.90
0.00 0.00
362,240.38
338,218.94
0.00 0.00
168,359.14
0.00 168,359.14
65.52%
PY: 2020 PY: 2021 PY: 2022
0.00 0.00
0.00%
48,661.00
0.00 0.00
0.00 48,661.00
527,689.00
0.00 0.00
527,689.00
9.22%
105,287.90
0.00 0.00
0.00 105,287.90
527,689.00
0.00 0.00
527,689.00
19.95%
*PR26 MISSING FOLLOWING DRAWDOWNS FROM 21/22 PUBLIC SERVICES:
- Family Service Association (FSA) - $10,164
- Assistance League of Temecula Valley- $10,164
- Hospice of the Valleys- $10,164
TOTAL: $30,492
Revised total expenditures are: $392,732.38 (Line Item 15) Line item 27 total should be $79,153
Line item 16 total is should be $307,726.94
CAPER Footnote (9.13.22)
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
880 of 2787
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
13:36
08-22-22
Program Year 2021
MENIFEE , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data.
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
2020
2021
2021
2021
2021
2021
2021
2021
2021
2019
2021
2021
Total
5 5
3 3
3 3
3 4
1 1
5 6
6 127
127
142
139
139
139
144
140
146
146
109
147
147
6560126
6581271
6670442
6581271
6656350
6670442
6670442
6607086
6607086
6656350
6607086
6607086
6656350
Phase II Romoland Pedestrian/Sidewalk Improvements (PY20/21) Phase II Romoland Pedestrian/Sidewalk Improvements (PY20/21) Habitat for Humanity- Senior A Brush with Kindness Program (PY21/22) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22) Menifee SAFE & Healthy Families (PY21/22)
Menifee Valley Community Cupboard - Emergency Food Distribution (PY21/22) Minor Home Rehabilitation Grant Program (PY21/22)
Minor Home Rehabilitation Grant Program (PY21/22)
Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY19/20) Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY21/22) Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY21/22) 03L
03L
03L
05A
05A
05D
05D
05D
05D
05N
05N
05W
05W
14A
14A
14A
14H
14H
14H
14H
LMA
LMA
Matrix Code 03L
LMC
Matrix Code 05A
LMC
LMC
LMC
Matrix Code 05D
LMC
Matrix Code 05N
LMC
Matrix Code 05W
LMH
LMH
Matrix Code 14A
LMH
LMH
LMH
Matrix Code 14H
$53,523.28
$25,606.58
$79,129.86
$10,164.00
$10,164.00
$320.60
$1,468.15
$8,375.25
$10,164.00
$10,164.00
$10,164.00
$18,169.00
$18,169.00
$11,978.40
$20,659.02
$32,637.42
$3,308.52
$1,212.48
$3,409.86
$7,930.86
$168,359.14
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2021
2021
2021
2021
2021
2021
Total
3 3
3 3
3 4
142
139
139
139
144
140
6670442
6581271
6656350
6670442
6670442
6607086
No
No
No
No
No
No
No
Habitat for Humanity- Senior A Brush with Kindness Program (PY21/22) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22)
Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22)
Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY21/22)
Menifee SAFE & Healthy Families (PY21/22)
Menifee Valley Community Cupboard - Emergency Food Distribution (PY21/22)
Activity to prevent, prepare for, and respond to Coronavirus B21MC060604
B21MC060604
B21MC060604
B21MC060604
B21MC060604
B21MC060604
EN
EN
EN
EN
EN
EN
05A
05A
05D
05D
05D
05D
05N
05N
05W
05W
LMC
Matrix Code 05A
LMC
LMC
LMC
Matrix Code 05D
LMC
Matrix Code 05N
LMC
Matrix Code 05W
$10,164.00
$10,164.00
$320.60
$1,468.15
$8,375.25
$10,164.00
$10,164.00
$10,164.00
$18,169.00
$18,169.00
$48,661.00
$48,661.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2021
2021
2021
2021
2021
2021
2021
Total
6 6
6 2
2 2
2 136
136
136
137
137
137
137
6581271
6607086
6656350
6581271
6607086
6656350
6670442
Administration & Planning (PY21/22)
Administration & Planning (PY21/22)
Administration & Planning (PY21/22)
Fair Housing Services (PY21/22)
Fair Housing Services (PY21/22)
Fair Housing Services (PY21/22)
Fair Housing Services (PY21/22)
21A
21A
21A
21A
21D
21D
21D
21D
21D
Matrix Code 21A
Matrix Code 21D
$2,173.73
$62,390.50
$18,758.77
$83,323.00
$8,470.49
$3,978.60
$6,961.96
$2,553.85
$21,964.90
$105,287.90
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
881 of 2787
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
13:37
08-22-22
MENIFEE , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL AVAILABLE (SUM, LINES 01-03)
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)
MENIFEE , CA
711,691.00
0.00 0.00
711,691.00
416,286.06
34,279.02
0.00 450,565.08
261,125.92
0.00 0.00
416,286.06
416,286.06
416,286.06
100.00%
416,286.06
711,691.00
58.49%
34,279.02
711,691.00
4.82%
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
882 of 2787
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
13:37
08-22-22
MENIFEE , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report returned no data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data.
LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
9 10
11 12
131
132
133
134
6531080
6560126
6574888
6607086
6656350
6560126
6574888
6656350
6670442
6560126
6574888
6607086
6656350
6670442
6506576
6525935
6531080
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Computer Lab Program
CV Computer Lab Program
CV Computer Lab Program
05W
05W
05W
05W
05W
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
$20,910.60
$34,444.66
$76.10
$300.00
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$23,405.64
$3,691.37
$3,723.07
$416,286.06
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
9 10
11 12
131
132
133
134
6531080
6560126
6574888
6607086
6656350
6560126
6574888
6656350
6670442
6560126
6574888
6607086
6656350
6670442
6506576
6525935
6531080
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Computer Lab Program
CV Computer Lab Program
CV Computer Lab Program
05W
05W
05W
05W
05W
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
$20,910.60
$34,444.66
$76.10
$300.00
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$23,405.64
$3,691.37
$3,723.07
$416,286.06
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020 8 130 6506576
6525935
6531080
6581271
CV Administration
CV Administration
CV Administration
CV Administration
21A
21A
21A
21A
$5,891.27
$760.00
$6,532.75
$14,498.50
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
883 of 2787
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
13:37
08-22-22
MENIFEE , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
8 130 6607086
6656350
CV Administration
CV Administration
21A
21A
$1,567.50
$5,029.00
$34,279.02
Item Title: 11.1
2021/2022
Consolidated
Annual
Performance
and
Evaluation
Report
for
the
Community
Development
Block
Grant
Program
Menifee
Mayor
and
City
Council
September
21,
2022
Page
884 of 2787
CITY OF MENIFEE
SUBJECT: Economic Development Operating Agreement with SB Diner, LLC
MEETING DATE: September 21, 2022
TO: Mayor and City Council
PREPARED BY: Gina Gonzalez, Economic Development Director REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an economic development operating agreement with SB Diner, LLC.
DISCUSSION
On August 21, 2013, the City Council approved Ordinance No. 2013-130 creating the Menifee Business Incentive Program (Program) to encourage economic growth within the City of Menifee.
The intent of the Program is to incentivize and attract new quality business development, in an effort to improve the overall economy by encouraging desired amenities and tenants residents and businesses have requested, providing jobs, and generating long term revenues to support essential city services (i.e. Police, Fire, and public services).
During the pandemic, Coco’s Restaurant in Sun City (located off Bradley Road/McCall Boulevard) was closed following the shutdown of indoor restaurant dining services. As a corporate managed restaurant, Coco’s did not participate in many of the programs developed by the City during the pandemic to sustain restaurants in our community which helped to save 96% of all city storefronts.
Furthermore, the owner of the restaurant building, having originally purchased the building at the height of the market, was faced with an inability to sell the building or recoup the rent that Coco’s Corporate was paying for the location. Two weeks after the announcement of Coco’s closure, the Economic Development team connected SB Diner, LLC with the property owner, to discuss the potential of bringing a Black Bear Diner to the Sun City Menifee location.
SB Diner, LLC has since signed a lease agreement with the building owner, to bring a Black Bear Diner to the Sun City Menifee location. After leasing the building, Black Bear Diner LLC has incurred considerable costs that have far exceeded the initial cost projections for the restaurant.
Item Title: 11.2
Economic Development Operating Agreement with SB Diner, LLC Item Page Number: 1
Menifee
Mayor
and
City
Council
September
21,
2022
Page
885 of 2787
City of Menifee Staff Report
Economic Development Operating Agreement with SB Diner LLC September 21, 2022