1 2
3 0
The existing lease for the 1,299 square foot (sq. ft.) storefront police substation is scheduled to expire December 2022. The current lease rate is $1.04/ sq. ft. plus a triple-net (NNN) cost of .52/sq. ft. With the lease set to expire, the current agreement allows for a 5-year renewal but at market rate for the retail storefront. Staff pulled comps for like and similar retail space as well as office space and found that market rate for the retail space ranged from $1.10/sq. ft. to $2.50/ sq. ft. plus the cost of NNN, with office space ranging from $1.75/sq. ft. to $2.25/sq. ft.
A triple net lease (triple-net or NNN) is a lease agreement on a property whereby the tenant or lessee promises to pay all the expenses of the property, including real estate taxes, building insurance, and maintenance.
Staff has negotiated with the new property owner, Verduzco Family Investment Group, LLC, which acquired the property from the previous owners, Donald and Mary Lou Hobbs. The new owner offered, through negotiations, to keep the rent as-is, with a 1% annual increase as a way to maintain that the substation at its current location, and in Sun City as a partner, rather than charging market rates as allowed by agreement.
The new agreement terms are:
•January 1, 2023 through December 31, 2023; $1,352 plus NNN •January 1, 2024 through December 31, 2024; $1,366 plus NNN •January 1, 2025 through December 31, 2025; $1,379 plus NNN •January 1, 2026 through December 31, 2026; $1,393 plus NNN •January 1, 2027 through December 31, 2027; $1,407 plus NNN Based on the above, there is a 1% increase annually, plus the cost of maintenance, property taxes etc., as include in the NNN (triple net).
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
The Menifee substation in Sun City current assists the community and the police department with a low-cost, effective antidote to crime by keeping officers in neighborhoods to continue to assist in making Menifee a safe and attractive community for both residents, visitors, and businesses.
Additionally, substations assist police departments with engagement in the community in a non- enforcement method; thereby being an effective community policing measure where the community sees the substation as a community resource.
Item Title: 10.7
Menifee Police Department Substation Lease Amendment
Item Page Number: 2
Menifee Mayor and City Council
November 2, 2022
Page
104 of 675
City of Menifee Staff Report
Menifee Police Department Substation Lease Renewal Agreement November 2, 2022
1 2
3 0
FISCAL IMPACT
The current fiscal impact for this item for the course of the agreement, 5-year lease, is:
This item is currently budgeted within Fiscal Year 2022/2023 in account # 100-4911-52509 and would be budgeted each fiscal year in future budget recommendations within the Menifee Police Department Budget.
ATTACHMENTS
1. Lease Agreement (Original)
2. Amendment to Lease Agreement
1299 sq ft Base Rent Annual IncreaseNNN (est) TOTAL
Year 1 1.04$ 1,352.00$ 678.00$ 24,360.00$ Year 2 1.05$ 1,366.00$ 678.00$ 24,528.00$ Year 3 1.06$ 1,379.00$ 678.00$ 24,684.00$ Year 4 1.07$ 1,393.00$ 678.00$ 24,852.00$ Year 5 1.08$ 1,407.00$ 678.00$ 25,020.00$ Item Title: 10.7
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AMENDMENT TO LEASE AGREEMENT
September 16, 2022
Notice of Lease Terms
This Amendment is an addendum to the Lease Agreement (“Lease”) dated June 1, 2017 by and between Verduzco Family Investment Group LLC as successor-in-interest to Donald G. Hobbs & Mary Lou Hobbs, Living Trust (“Lessor”) and City of Menifee (“Lessee”), covering Premises identified as 28115 Bradley Road, #4, Menifee, CA 92586. (“Premises).
The following Paragraph numbers, Subparagraph numbers and Exhibits correspond to the respective Paragraph numbers, Subparagraph numbers and Exhibits in the Lease Agreement or are additional Paragraph numbers, Subparagraph numbers and Exhibits to be incorporated into the Lease Agreement. Lessor and Lessee hereby agree to amend the terms of the Lease and confirm the following:
1.3 Term: The term of the Lease shall extend for a five (5) year period commencing January 1, 2023 and ending December 31, 2027.
52. Base Rent Schedule for extended term:
January 1, 2023 through December 31, 2023; $1,352 plus NNN January 1, 2024 through December 31, 2024; $1,366 plus NNN January 1, 2025 through December 31, 2025; $1,379 plus NNN January 1, 2026 through December 31, 2026; $1,393 plus NNN January 1, 2027 through December 31, 2027; $1,407 plus NNN Except as modified or changed herein, all other terms and conditions of the Lease shall remain in full force and effect during the term of the Lease.
LESSOR: Verduzco Family Investment Group LLC
By: ______________________________
Ramon Verduzco, Managing Member
LESSEE: The City of Menifee
By: ______________________________
Armando G. Villa, City Manager
Item Title: 10.7
Menifee Police Department Substation Lease Amendment
Item Page Number: 43
Menifee Mayor and City Council
November 2, 2022
Page
145 of 675
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17
MEETING DATE: November 2, 2022
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for Capital Improvement Project (CIP) No. 21-17, Peacock Place Resurfacing Project, located west of the I-215 freeway and north of McCall Boulevard; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Peacock Place Resurfacing Project (“Project”) provided roadway improvements in the Peacock Place neighborhood located west of the I-215 freeway and north of McCall Boulevard.
The major crossroads of the project are Valley Boulevard and Chambers Avenue, and work was performed on the following residential streets:
•Felicia Avenue
•Genevieve Drive
•Leah Lane
•Connie Way
•Lola Court
•Roylene Drive
•Monica Way
•Doreen Drive
•Tyler Court
•Cayla Court
Improvement work performed through the Project consisted of roadway resurfacing and reconstruction, replacement of 18 non-compliant pedestrian ramps, curb, gutter, and cross gutters, adjustment of utility covers, and restriping along the approximately 1.4 miles of roadway improved. The Project required coordination with Eastern Municipal Water District (“EMWD”) to adjust utility covers throughout the neighborhood. Due to the City’s prior easement rights in the area, the City was reimbursed for utility work in the amount of $48,370 from EMWD.
Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 1
Menifee Mayor and City Council
November 2, 2022
Page
146 of 675
City of Menifee Staff Report
CIP 21-17 NOC
November 2, 2022
1 1
2 4
On February 16, 2022, the City Council approved a construction budget of $1,039,009.80 to complete the improvements in the Peacock Place neighborhood. The final construction costs for the Project totaled $965,730.99, including ancillary construction costs such as labor compliance services.
Upon completion of the Project construction and receipt of the final invoice, it is common practice to reconcile actual bid item costs against the original estimated bid item amounts in the contract and prepare a final change order, or clean-up change order. By accepting the final change order, the contractor relinquishes any claims against the unused contract balance and agrees to the actual quantities charged against the estimated quantities.
The only change order necessary for this Project is the attached final change order. It serves to adjust the final contract to reflect actual bid item work quantities charged lower than the original estimated bid item quantities and any bid item quantities that were increased. The overall net change for the Project’s final change order is shown in Table 1 below.
Table 1 – Contract Change Order Summary
Change Order No. Description Total
1 Clean-up Change Order to reconcile estimated
bid quantities against actual bid quantities
$3,186.69
Total $3,186.69
If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond (labor and materials bond) and performance bond would be released 30 days after the date of recording of the NOC, provided no stop notices are filed preventing said releases.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to CIP 21-
17. The City has submitted a reimbursement request to EMWD for utility work performed in the amount of $48,370 for reimbursable Project costs.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Close Out Documents
4. Final Change Order
Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 2
Menifee Mayor and City Council
November 2, 2022
Page
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Chambers Ave
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Peacock_Resurfacing\Peacock_Resurfacing.aprx Date: 1/21/2022 Peacock Place Resurfacing (CIP 21-17)
Project Location Map
Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 3
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November 2, 2022
Page
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Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
PEACOCK PLACE RESURFACING, CIP 21-17
Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on November 2, 2022. The project improvements consist of approximately 1.4 miles of varies full depth reclamation of asphalt pavement. This work also included the removal and replacement of 18 existing non-compliant accessible curb ramps, curb, gutter and cross gutters, replacement of all roadway striping and adjustment of all utility covers. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
COPP Contracting Inc.
26751 Stanton Avenue
Buena Park, CA 90621
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, Acting City Clerk
Item Title: 10.8
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Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 12
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DATE: 8/22/2022
PROJECT DESCRIPTION:
PROJECT NO: CIP 21-17
CONTRACTOR:
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herei n described changes from the plans and specificatio ns and/or perform the following described work not included in the Plans and Specifications for th is project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 SF 1,898.00 $0.38 $721.24
2 SF 121.50 $5.00 $607.50
3 EA 4.00 $960.00 $3,840.00
4 EA 17.00 $100.00 $1,700.00
5 TN 16.72 $107.00 $1,789.04
6 LS 1.00 $1,100.00 $1,100.00
7 LS 1.00 $13,750.00 $13,750.00
8 SF (1,103.00) $0.62 ($683.86)
9 SF (72.00) $25.00 ($1,800.00)
10 TN (197.79) $66.50 ($13,153.04)
11 TN (19.32) $86.00 ($1,661.52)
12 LF (6.00) $36.00 ($216.00)
8 SF (428.50) $6.55 ($2,806.68)
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $3,186.69
JUSTIFICATION: (Be specific on each item. Attach supporting docu ments as necessary) BID ITEM 12 ( REMOVE C&G/BASE) WAS UNDER CONTRACT AMOUNT
TREE STUMP REMOVAL
BID ITEM 15 (4" AC PAVEMENT) WAS UNDER CONTRACT AMOUNT
BID ITEM 16 (2" OVERLAY) WAS UNDER CONTRACT AMOUNT
BID ITEM 25 ( CONST 4" SW) WAS UNDER CONTRACT AMOUNT
This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.
DURING THE COURSE OF THE CONSTRUCTION THE CONTRACTOR ALSO PERFORMED WORK ON BID ITEMS THAT WERE LESS THAN THE CONTRACT AMOUNT. THEY ARE THE FOLLOWING: 4" AC GRIND, DEMO OF CURG AND GUTTER AND SUBSEQUENT BASE, 4" AC PAVEMENT, 2" OVERLAY, TYPE 8 CURB AND GUTTER, AND 4" SIDEWALK.
COPP CONTRACTING INC.
BID ITEM 14 (ADJ WV TO GRADE) EXCEEDED CONTRACT AMOUNT
DURING THE COURSE OF THE CONTSTRUCTION THE CONTRACTOR EXPERIENCED SOME QUANTITY OVERAGES. THEY ARE THE FOLLOWING: 6 INCH HEADER GRIND, DEMO OF CURB AND GUTTER AND SUBSEQUENT BASE, LOWERING AND RAISING MAN HOLES AND VALVE CANS FOR EMWD, 1'2 INCH
AC LEVELING COURSE, ONE TREE STUMP REMOVAL, AND ADDITIONAL COSTS FOR EMWD INSPECTION AND EMWD MAN HOLE FALSE BOTTOM CONSTRUCTION. NOTE: THE WORK FOR EMWD WILL BE REIMBURSED BY EMWD PER A PREVIOUS AGREEMENT.
No additional Working Days will be required to perf orm this work.
BID ITEM 22 (CONST TYP 8 C&G) WAS UNDER CONTRACT AMOUNT
CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
BID ITEM 8 ( 6" HEADER GRIND )EXCEEDED THE CONTRACT AMOUNT PURCHASE ORDER NO: 03757
PEACOCK PLACE RESURFACING
EMWD MH INSPECTION & FALSE BOTTOMS
CONTRACT CHANGE ORDER NO. 001
BID ITEM 7 (4" AC GRIND) WAS UNDER THE CONTRACT AMOUNT
BID ITEM 10 ( REM. & DISP. SW/AB) EXCEEDED CONTRACT AMOUNT BID ITEM 12 (ADJ, MH TO GRADE) EXCEEDED CONTRACT AMOUNT BID ITEM 18( 1/2" LEVEL COURSE) EXCEEDED CONTRACT AMOUNT M:\Public Works Department\_Public Works Projects\C IP Projects\21-17 Peacock Place Resurfacing\D- Cons truction\C-5 Change Orders (CCO) & Supporting Docs\CIP 21-17 Peacock CO-1 DocuSign Envelope ID: 2FD0044D-CDD3-461E-A522-2FFC948BD40E DocuSign Envelope ID: 858ACF35-FE92-4F9C-A116-8687AB542488 Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 13
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November 2, 2022
Page
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CITY OF MENIFEE
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 001
CONTRACT VARIANCE SUMMARY
CCO # Amount %
1 $3,186.69 0.34%
Totals $3,186.69 0.34%
$935,463.80 March 9, 2022
$0.00 May 10, 2022
$3,186.69 0
$938,650.49 May 10, 2022
AUTHORIZATION BY CITY:
Recommended for approval by:
Date: __________ Date: __________
Approved by:
Date: __________ Date: __________
ACCEPTANCE BY CONTRACTOR:
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provisions will apply hereto.
Accepted by: _____________________________________________________ Date: ____________________________ Signature
_____________________________________________________
Please print name and title
Current Change Order Amount:
Nick Fidler
Director Public Works/Engineering
Armando Villa
City Manager
Date Started:
SEVERAL ITEMS EXCEEDED
AND/OR DID NOT MEET THE
ESTIMATES IN THE CONTRACT
Additional Time (Working Days)
Revised Completion Date:
0 Original Contract Amount:
Revised Contract Amount:
Original Completion Date:
Date ApprovedAdditional Time
0 ________________________________________ ________________________________________ Diego Guillen , PE Associate Engineer Don Sharp, Construction Manager
Previous Change Order Amounts:
Description
________________________________________________________________________________________ M:\Public Works Department\_Public Works Projects\CIP Projects\21-17 Peacock Place Resurfacing\D- Construction\C-5 Change Orders (CCO) & Supporting Docs\CIP 21-17 Peacock CO-1 Ezekiel A. Copp, President
DocuSign Envelope ID: 2FD0044D-CDD3-461E-A522-2FFC948BD40E 9/13/2022
DocuSign Envelope ID: 858ACF35-FE92-4F9C-A116-8687AB542488 9/13/2022 9/14/2022
9/14/2022
9/14/2022
Item Title: 10.8
Notice of Completion and Acceptance for Peacock Place Resurfacing, Capital Improvement Project No. 21-17 Item Page Number: 14
Menifee Mayor and City Council
November 2, 2022
Page
159 of 675
CITY OF MENIFEE
SUBJECT: Agreement with Riverside County Flood Control and Water Conservation District and RCFC Investments, LLC, for the Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1
MEETING DATE: November 2, 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 a Cooperative Agreement with Riverside County Flood Control and Water Conservation District, and RCFC Investments, LLC, for the construction, ownership, operation, and maintenance of the Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 located west of Valley Boulevard and north of Enchanted Star Lane.
DISCUSSION
RCFC Investments, LLC (RCFC) is the developer of the Enclave Tract 31456, a residential housing tract initially entitled by the County of Riverside on December 21, 2005, prior to the City of Menifee’s incorporation. Enclave includes 178 lots and is located west of Valley Boulevard and approximately 700 feet north of Sun City Boulevard. As part of the development’s requirements, RCFC would construct certain flood control facilities to provide flood protection and drainage for the development. The flood control facilities would be identified as the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Menifee Valley – Bella View Way Storm Drain, Stage 1, and the Menifee Valley – Haleys Flight Drive Storm Drain, Stage 1.
Bella View Way Storm Drain, Stage 1 would be comprised of approximately 2395 lineal feet of underground storm drain system and a debris basin with associated outlet structure, trash rack and wingwall. At its downstream terminus, the storm drain will connect to the onsite basin of Tract 31456. Haleys Flight Drive Storm Drain, Stage 1 would be comprised of approximately 655 lineal feet of underground storm drain system. At its downstream terminus, this storm drain would connect to the Bella View Way Storm Drain, Stage 1 facility.
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 1
Menifee Mayor and City Council
November 2, 2022
Page
160 of 675
City of Menifee Staff Report
Cooperative Agreement TM 31456
November 2, 2022
1 2
3 6
The described facilities would be owned and operated by the RCFC&WCD as District Drainage Facilities. The City would be responsible for the maintenance of appurtenances associated with these facilities including catch basins, connector pipes and storm drain lines that are 36 inches or less in diameter.
The RCFC&WCD Drainage Facilities and City Facilities are together called the “Project” in the attached Cooperative Agreement. The Agreement memorializes the roles and responsibilities of each party in the construction, inspection, ownership, operation and maintenance of the District and City Facilities. The Agreement has been reviewed and approved by both the City Attorney and Riverside County’s legal counsel. Following City Council action, the Agreement would be presented to the Riverside County Board of Supervisors. Upon approval by both bodies, the Agreement would be executed.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with this item. All costs incurred in constructing the Project would be borne by the developer. Upon acceptance of the Project, RCFC&WCD would be responsible for the operation and maintenance of the District Drainage Facilities, and the City would be responsible for City Facilities. Costs associated with the maintenance of City Facilities would be supported through special assessments levied through the previously established Community Facilities District 2017-1, Annexation No. 7 for the Enclaves.
ATTACHMENTS
1. Project Map
2. Cooperative Agreement
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 2
Menifee Mayor and City Council
November 2, 2022
Page
161 of 675
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
1 0 / 1 0 / 2 0 2 2 , 1 : 2 7 : 2 4 P M
0 0 . 5 10 . 2 5 m i
0 0 . 8 1 . 60 . 4 k m
1 : 3 6 , 1 1 2
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 ; ATTACHMENT 1: LOCATION MAP
PROJECT
LOCATION
Tract 31456
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 3
Menifee Mayor and City Council
November 2, 2022
Page
162 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 4
Menifee Mayor and City Council
November 2, 2022
Page
163 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 5
Menifee Mayor and City Council
November 2, 2022
Page
164 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 6
Menifee Mayor and City Council
November 2, 2022
Page
165 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 7
Menifee Mayor and City Council
November 2, 2022
Page
166 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 8
Menifee Mayor and City Council
November 2, 2022
Page
167 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 9
Menifee Mayor and City Council
November 2, 2022
Page
168 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 10
Menifee Mayor and City Council
November 2, 2022
Page
169 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 11
Menifee Mayor and City Council
November 2, 2022
Page
170 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 12
Menifee Mayor and City Council
November 2, 2022
Page
171 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 13
Menifee Mayor and City Council
November 2, 2022
Page
172 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 14
Menifee Mayor and City Council
November 2, 2022
Page
173 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 15
Menifee Mayor and City Council
November 2, 2022
Page
174 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 16
Menifee Mayor and City Council
November 2, 2022
Page
175 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 17
Menifee Mayor and City Council
November 2, 2022
Page
176 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 18
Menifee Mayor and City Council
November 2, 2022
Page
177 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 19
Menifee Mayor and City Council
November 2, 2022
Page
178 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 20
Menifee Mayor and City Council
November 2, 2022
Page
179 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 21
Menifee Mayor and City Council
November 2, 2022
Page
180 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 22
Menifee Mayor and City Council
November 2, 2022
Page
181 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 23
Menifee Mayor and City Council
November 2, 2022
Page
182 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 24
Menifee Mayor and City Council
November 2, 2022
Page
183 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 25
Menifee Mayor and City Council
November 2, 2022
Page
184 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 26
Menifee Mayor and City Council
November 2, 2022
Page
185 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 27
Menifee Mayor and City Council
November 2, 2022
Page
186 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 28
Menifee Mayor and City Council
November 2, 2022
Page
187 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 29
Menifee Mayor and City Council
November 2, 2022
Page
188 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 30
Menifee Mayor and City Council
November 2, 2022
Page
189 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 31
Menifee Mayor and City Council
November 2, 2022
Page
190 of 675
PS/245716
RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
By _________ ___ _
DANIEL PADILLA
By _____________ _
City Engineer
APPROVED AS TO FORM:
By ____________ _
JEFFREY T. MELCHING
City Attorney
ARMANDO G. VILLA
City Manager· ·,·
ATTEST:
By _____________ _
KAY VINSON
Acting City Clerk
(SEAL)
Cooperative Agreement with City of Menifee and RCFC Investments, LLC Menifee Valley - Bella View Way Storm Drain, Stage 1
Menifee Valley - Haleys Flight Drive Storm Drain, Stage 1 Project Nos. 4-0-00408 and 4-0-00409
Tract No. 31456
09/12/22
AMR:jss
- 29 -
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 32
Menifee Mayor and City Council
November 2, 2022
Page
191 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 33
Menifee Mayor and City Council
November 2, 2022
Page
192 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 34
Menifee Mayor and City Council
November 2, 2022
Page
193 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 35
Menifee Mayor and City Council
November 2, 2022
Page
194 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 36
Menifee Mayor and City Council
November 2, 2022
Page
195 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 37
Menifee Mayor and City Council
November 2, 2022
Page
196 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 38
Menifee Mayor and City Council
November 2, 2022
Page
197 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 39
Menifee Mayor and City Council
November 2, 2022
Page
198 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 40
Menifee Mayor and City Council
November 2, 2022
Page
199 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 41
Menifee Mayor and City Council
November 2, 2022
Page
200 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 42
Menifee Mayor and City Council
November 2, 2022
Page
201 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 43
Menifee Mayor and City Council
November 2, 2022
Page
202 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 44
Menifee Mayor and City Council
November 2, 2022
Page
203 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 45
Menifee Mayor and City Council
November 2, 2022
Page
204 of 675
Item Title: 10.9
Agreement
with
Riverside
County
Flood
Control
and
Water
Conservation
District
and
RCFC
Investments,
LLC,
for
the
Bella View Way Storm Drain, Stage 1, and Haleys Flight Drive Storm Drain, Stage 1 Item Page Number: 46
Menifee Mayor and City Council
November 2, 2022
Page
205 of 675
CITY OF MENIFEE
SUBJECT: Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services
MEETING DATE: November 2, 2022
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Ed Varso, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute five one-year extensions to the software service agreement with LexisNexis Coplogic Solutions, Inc. for electronic reporting services for Fiscal Year 2022/2023 through 2026/2027 in an amount not-to- exceed $17,280 per fiscal year at the City’s discretion.
DISCUSSION
Since the formation of the department in June 2020, the Menifee Police Department has used LexisNexis software for reporting services. The electronic platform has been invaluable as it provides for streamlined electronic reporting services. Specifically, LexisNexis, is a law enforcement entity with responsibility for the documentation, retention and management of information and reporting related to vehicle accidents, citations and incidents occurring within its jurisdiction. The proposed agreement extension(s) between the City of Menifee and LexisNexis Coplogic Solutions, Inc. shall provide for continued services through FY 2026/2027.
LexisNexis provides a suite of web-based tools such as:
•eCommerce Order (#1) for access to an online agency administration portal to view reports, generate analytics, and obtain information related to agency’s reports; and •Establish a communication protocol to electronically or manually transfer reports in a timely manner from agency to provider and provide report retention and distribution services. DORS Order (#2) is designed to gather information on incidents from a member of the general public (user) via an SSL connection. DORS is a new service for online citizen reporting, aimed at helping law enforcement agencies create workflow efficiencies through advanced technology and is a proven suite of services available to any law Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
Page
206 of 675
City of Menifee Staff Report
LexisNexis Agreement
November 2, 2022
1 2
6 4
enforcement agency interested in operating more efficiently and servicing their community more effectively.
The current contract includes an auto renewal clause which allows the City to create a purchase order each fiscal year going forward within the approval guidelines of the recommended actions.
Pursuant to the Menifee Municipal Code, purchases exceeding $50,000 require Council approval.
With the proposed five one-year extensions, the existing agreement will be increased by an additional $86,400, or $17,280 per year. Staff is thereby requesting approval to extend the agreement for future years. The LexisNexis software is proprietary software and has been procured as an eligible sole source purchase pursuant to Menifee Municipal Code Section
3.12.070(1).
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The aggregate fiscal impact of five one-year extensions would be $86,400, or $17,280 per year, including the current year. This item is currently budgeted in Fiscal Year 2022/2023 within account 110-4911-51353. Future year’s expenses would be budgeted in the corresponding fiscal year(s).
ATTACHMENTS
1. LexisNexis Contract 2020-0209
2. LexisNexis FY 2022/2023 Pricing Quote
Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
Page
207 of 675
* Please attached a second page for additional information to support this agreement. ]
CITY OF MENIFEE
Agreement/contract coversheet
DATE: August 6, 2020
TO: Armando G. Villa, City Manager
Agreement Routed to City Attorney: 6/11/2020 (Via email, attached) Insurance Requirements: General Liability (Expiration Date: 1/1/2021) (Attached) Automobile Liability (Expiration Date: 1/1/2021) Worker’s Compensation (Expiration Date: 1/1/2021)
Other (Expiration Date: 12/31/2020)
FROM: Margarita Cornejo, Financial Services Manager
Dave Gutierrez, Police Captain
SUBJECT: Software Services Agreement between the City of Menifee and LexisNexis Coplogic Solutions, Inc. for Menifee Police Department: Police Reports & Desk Officers Reporting System Services
IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services or construction contracts)
Public Works Contract for $45,000 or less
No – City Council authorized City Manager to sign (Council action attached)
WHY IS THIS AGREEMENT/CONTRACT NEEDED?
The agreement between the City of Menifee and LexisNexis Coplogic Soulutions Inc, shall provide for electronic reporting services. LexisNexis, is a law enforcement entity with responsibility for the documentation, retention and management of information and re porting related to vehicle accidents, citations and incidents occurring within its jurisdiction.
LexisNexis provides a suite of web -based tools such as; eCommerce Order (#1) for access to an online agency administration portal to view reports, generate analytics, and obtain information related to agency’s reports; Establish a communication protocol to electronically or manually transfer reports in a timely manner from agency to provider; and p rovides report retention and distribution services. DORS Order (#2 ) is designed to gather information on incidents from a member of the general public (user) via an SSL connection . DORS is a new service for online citizen reporting, aimed at helping law enforcement agencies create workflow efficiencies through advanced technology and is a proven suite of services available to any law enforcement agency interested in operating more efficiently and serving their community more effectively.
Department Date Initials
Christine Booker, Police Budget & Grant
Analyst
Pat Walsh, Police Chief
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Deputy City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 8/6/2020
8/6/2020
8/6/2020
8/10/2020
8/10/2020
8/11/2020
Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
Page
208 of 675
2 WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of June 1, 2020 through June 30, 2021
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $17,280 (Not-to-Exceed Amount)
HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
LexisNexis Coplogic Solutions Inc, a leader in providing such services, provided staff with a proposal including detailed scope of work and cost proposal which was reviewed for completeness and cost reasonability.
Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required
WHERE ARE THE FUNDS COMING FROM?
Funding is coming from the approved FY 2019/20 Menifee Police Department Budget (Professional Services)
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 100-4911-52800 (Professional Services)
IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? Yes, as of 6/30/2020 Account #100-4911-52800 (Professional Services) has a balance of $264,488.00 (see attached Eden Report)
ATTACHMENTS
- CONTRACT/AMENDMENT
- CERTIFICATES OF INSURANCE
- EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
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STANDARD
LAW ENFORCEMENT AGREEMENT
This Law Enforcement Agreement (“Agreement”) is dated , 2020 (“Effective Date”) by and between LexisNexis Coplogic Solutions Inc., with its principal place of business at 1000 Alderman Drive, Alpharetta, Georgia 30005 (“Provider”), and City of Menifee with its principal place of operations at 29714 Haun Rd Menifee, CA 92586 (“Agency”). Provi der and Agency may be referred to herein individually as a “Party” and collectively referred to as “Parties”.
1. SCOPE. Provider as part of its business has developed several comprehensive products and services for law enforcement.
Subject to the terms and conditions of this Agreement, Agency desires to order and Provider agrees to provide the various pro ducts and services contained herein (collectively referred to as the “Services”) as described in an applicable order to this Agreem ent (“Order”). The parties acknowledge Agency is a law enforcement entity with responsibility for the documentation, retention, a nd management of information and reporting related to vehicle accidents, citations, and incidents occurring within its jurisdict ion (as used within this Agreement, each documented event is a “Report”). “Report” shall also include any associated or supplement al information provided with the Report including agency name, images and upload date, as applicable.
2. LICENSE AND RESTRICTIONS.
2.1 License Grant and License Restrictions. Upon execution of an applicable Order, Provider hereby grants to Agency a restricted, limited, revocable license to use the Services only as set forth in this Agreement and any applicable Order, and for no other purposes, subject to the restrictions and limitations set forth below:
a. Agency shall not use the Services for marketing or commercial solicitation purposes, resell, or broker the Services to any third-party or otherwise use the Services for any personal (non-law enforcement) purposes; and b. Agency shall not access or use Services from outside the United States without Provid er’s prior written approval; and
c. Agency shall not use the Services to create a competing product or provide data processing services to third parties; and
d. Agency’s use of the Services hereunder will not knowingly violate any agreements to which Agency is bound; and e. Agency shall not harvest, post, transmit, copy, modify, create derivative works from, tamper, distribute the Services, or in any way circumvent the navigational structure of the Services, including to upload or transmit any computer vi ruses, Trojan Horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of Services; and
f. Agency may not use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third -party privacy rights or otherwise infringe on the rights of others; and
g. Agency shall not reveal any user accounts or passwords for the Services to any third parties (third parties shall not include Agency’s employees who have a need to know such information); and h. Agency shall not permit any third party (third parties shall not include Agency’s employees who have a need to know such information) to view or use the Services, even if such third party is under contract to provide services to Agency; and
i. Agency shall comply with all laws, regulations, and rules which govern the use of the Services.
2.2 Other Restrictions . In addition Provider may, at any time, impose restrictions and/or prohibitions on the Agency’s use of the Services, or certain data or no longer offer certain functionalities or features that may be the result of a modification in Provider policy, a modification of third -party agreements, a modification in industry standards, a Securi ty Event (defined below), a change in law or regulation, or the interpretation thereof. Upon written notification by Provider of such restrictions, Agency agrees to comply with such restrictions or, in the event that Agency is unable to comply, it shall no tify Provider in writing of its inability to comply within ten (10) days after receipt of Provider’s written notification. In that event, either Party may immediately terminate this Agreement by providing written notice thereof to the other Party without such termination constituting a breach of this Agreement. Provider shall be Agency’s designated preferred Provider of such Services as are mutually agreed to and defined hereunder, related to the handling of Agency’s Reports.
2.3 Violation of License Terms and / or Restrictions. Agency agrees that, if Provider determines or reasonably suspects that: (i) Agency is violating any license terms, restrictions, or other material provision of the Agreement; or (ii) Agency has experienced a Security Event (as herein def ined), Provider may, at its sole option, take immediate action up to and including, without further obligation or liability of any kind, terminating Agency’s account and the license to use the Services.
Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 1 of 14 DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 August 11
Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
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3. SUPPORT AND MAINTENANCE.
3.1. Ongoing Maintenance . Provider will, from time -to-time issue and/or provide maintenance including bug fixes, enhancements, new features, or new functionality that are generally made available to customers along with any corresponding changes to documentation (“Maintenance”). Maintenance does not include work to custom code, customized configurations, or to unauthorized modifications of the Services. Any Provider assista nce beyond standard Maintenance will be billed at Provider’s then current pricing schedule, as agreed upon in advance by the Parties.
Additionally, upon Agency’s written notice of new or revised legislation, statutes, or ordinances requiring any Services t o be updated, Provider shall update or modify the Services or particular form consistent with such new regulation within a reasonable time.
3.2. Support Services . Provider will provide ongoing support services for problems, queries or requests for assistance (“Support”) provided that all requests for Support must be made to Provider Monday through Friday from 8:00 AM ET to 8:00 PM ET at 1 -888-949-3835. Provider will also provide limited after hours Support including the ability to leave a message and receive a c all back the following business day or sooner, if critical. In order to provide Support, Agency will provide all information reasonably required by Provider to identify the issue, including: an Agency point of contact (familia r with the Services and issue) , description of issue, screenshots, the impact, and assist in Provider’s efforts to reproduce the problem (as applicable). Provider will work to resolve problem with reasonable promptness for issues that are application or Services related (Provider is no t responsible for resolving issues caused by Agency hardware). The Agency agrees to provide Provider with data transfers, as requested, remote access to the Services system, and with sufficient test time on the Agency's computer system to duplicate the pro blem, to certify that the problem is with the Services, and to certify that the problem has been corrected. If the problem cannot readily be resolved, Provider will attempt to identify a work around.
Upon resolution of any issue, Provider shall notify the Agency of such resolution via email. The Parties agree that Provider is not obligated to ensure that its Services are compatible with outdated (exceeding 4 years from date of initial release) hardware, computer operating services or database engines.
3.3. On Site Support . In response to written Agency requests for Provider to provide on -site routine non -emergency support, Provider shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the prese nce of Agency staff or other resources or materials. Any on -site support provided by Provider shall only be invoiced by Provider or paid by Agency if the problem arose due to something other than a defect in the Services. The Agency shall reimburse Provide r at the rate of two thousand five hundred ($2,500.00) dollars per day for each Provider employee who provides any on -site support, and such fees will not include any reimbursement for Provider travel time or travel expenses.
4. FEES.
4.1. Fees due to Provider . A ny fees due to Provider for Services hereunder shall be specified in an Order (“Fees”). For any Order where Fees are specified, Provider will issue an invoice to Agency pursuant to the terms in the Order. Invoices shall be paid in full by Agency within thirty (30) days from invoice date. Provider may increase or decrease the Fee following the Initial Term (as defined in an applicable Order) by providing Agency no less than sixty (60) days written notice prior to the effective date of such pricing change. In the event Agency has a good faith dispute on all or a portion of an unpaid invoice (“Dispute”), Agency shall notify Provider in writing and follow the procedures set forth below. To the extent an interface or other technological development is required to enable an Agency designated third party (i.e., RMS Vendor) to receive Reports from Provider at Agency’s request or to enable Provider to intake Agency Data, such cost shall not be borne by Provider. If any invoice (or undisputed portion thereof) remain s unpaid and not subject to a Dispute after sixty (60) days from the invoice date, Provider shall have the right to terminate this Agreement (including all Services) or the right to discontinue the applicable Service immediately, without such action consti tuting a breach or incurring any liability herein.
All Fees not properly disputed or paid shall accrue interest at the rate of eighteen percent (18%) per annum. All Fees are calculated for payment made via ACH, Wire, or Agency check. Agency agrees that Fee s exclude taxes (if applicable) or other cost incurred by Agency’s RMS Vendor or other third parties and agrees such costs shall be passed on to Agency. Provider shall not be required to enter into a third -party relationship to obtain payment for the Servi ce provided to Agency; however, should Provider elect to do so, Provider reserves the right to charge Agency additional fees for such accommodation.
4.2. Fees due to Agency. Using the process as herein defined, on behalf of Agency, Provider will collect and remit to Agency a fee for all Reports (“Agency Fee”) purchased from the eCommerce portal set forth on the applicable Order, including but not limited to fees for purchases of Reports from that eCommerce portal by an Affiliate. On a monthly basis, Provider will electronically transfer to Agency’s designated account, the total amount of applicable Agency Fee collected by Provider DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 3 of 14 during the previous month. Provider will make available a monthly report to Agency identifying the number of Reports provided on its behalf via the LexisNexis® Command Center administration portal and/or its successor.
4.2.1. No Agency Fee will be paid with respect to the following:
4.2.1.1. When an Affiliate of Provider has paid an Agency Fee to acquire a Report for an Authorized Requestor (including Reports purchased before the applicable Order Effective Date) and such Affiliate later resells that Report from its inventory of previ ously purchased Reports to another Authorized Requestor; or
4.2.1.2. When one or more components of a Report (e.g., VIN number), rather than the Report in its entirety, is provided by Provider to an Authorized Requestor or an Affiliate of Provider ; or
4.2.1.3. When a Report is acquired by an Affiliate of Provider from a source other than the eCommerce portal set forth on the applicable Order; or
4.2.1.4. When a fee is not charged to an Authorized Requestor for the Report.
Nothing in this Agreement shall require Provider or its Affiliate to pay an Agency Fee to the Agency when an Authorized Requestor provides a Report and/or specific data extracted from the Report to a third party after the Authorized Requestor has purchased such Report from the Affiliate’s inventory of previous ly purchased Reports. Agency acknowledges that all reports requested by Agency Requestors shall be provided free of charge.
4.3. Fees retained by Provider . Where permitted by law, Provider will charge a convenience fee for each Report provided to an Authorized Requestor (“Convenience Fee”) which shall be retained by Provider. The Convenience Fee shall be established by Provider at its discretion, but in no event shall it exceed the amount Provider may legally charge an Authorized Requestor.
5. RETENTION / DISTRIBUTION. For all Services provided hereunder that involve Reports, Provider will maintain a copy of each Report for a period of no less than seven (7) y ears from the date of the Report. For Services that contemplate the sale of Reports, as more specifically described in an Order, Provider shall distribute Reports and/or specific data extracted from th e Report to individuals or legal entities (“Authorized Requestors”) and other authorized law enforcement entities (“Agency Requestors”) in accordance with applicable laws and regulations. Nothing in this Agreement shall prohibit Provider’s Affiliates (defined in S ection
16.1, “Affiliates” below) from purchasin g Reports from the ecommerce portal set forth in the Order, or from distributing previously purchased Reports and/or specific data extracted from the Report to Authorized Requestors or Agency Requestors in accordance with the terms of the Order and applica ble laws and regulations. Nothing in this Agreement shall prohibit Affiliates from acquiring Reports from a source other than the ecommerce portal set forth in the Order.
6. TERMS AND TERMINATION.
6.1 Term. This Agreement shall commence upon the Effective Date an d shall continue until terminated in accordance with this Agreement. Each Order shall set forth the specified term for the particular Service.
6.2 Termination.
6.2.1 Either Party may terminate this Agreement or any Order for cause if the other Party breaches a mate rial obligation under the terms of this Agreement and fails to cure such breach within thirty (30) days of receiving written notice thereof from the non -breaching Party, provided, however, that if such material breach is of a nature that it cannot be cured , immediate termination shall be allowed. Failure to pay by either Party shall be considered a material default.
6.2.2 Either Party may elect to terminate this Agreement or any Order by providing written notice to the other of such intent, at least ninety (90) days prior to the end of the applicable Order term.
6.2.3 Provider may, upon six (6) months written notice to Agency, terminate any Service that will no longer be supported or offered by Provider. Provider will make reasonable efforts to transition Agency to a si milar Service, if available. Further, Provider may at any time cease to provide Agency access to any portions of features of the Services thereof which Provider is no longer legally or contractually permitted to provide.
6.3 Effect of Termination . Upon termination of this Agreement, each Party shall be liable for payment to the other Party of all amounts due and payable for Services provided through the effective date of such termination. Upon receipt of Agency’s written request after termination, Provid er shall provide Agency with access to Reports provided by Agency under this Agreement and/or data provided through provision of the Services by Agency under an applicable Order so Agency may download and/or copy such information. Provider shall not be obl igated to delete from its databases (or from other storage media) and/or return to Agency, Reports already provided to Provider by Agency, and shall be permitted to continue to maintain and distribute the Reports already in its possession to Authorized Re questors in compliance with applicable laws and regulations provided the Agency shall continue to receive fees for such distributions.
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
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7. RELEVANT LAWS. Each party shall comply with all applicable federal, state, and local laws and regulations r elated to its performance hereunder, including:
7.1. Fair Credit Reporting Act . The Services provided pursuant to this Agreement are not provided by “consumer reporting agencies” as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq .) (“FCRA”) and do not constitute “consumer reports” as that term is defined in the FCRA. Agency certifies that it will not use any of the information it receives through the Services in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any other eligibility purpose that would qualify the information in as a consumer report.
7.2. Protected Health Information . Unless otherwise contemplated by an applicable Business Associate Agreement executed by the Parties, Agency will not provide Provider with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17 921(11), respectively) or with information from such records without the execution of a separate agreement between the Parties.
7.3. Social Security Numbers. Social Security Numbers may be available hereunder as part of Reports and/or related data provided from certain states. However, Agency shall not provide Social Security Numbers to Provider under any circumstances under this Agreement. Should Agency requi re more information on Social Security Numbers or its obligations in relation thereto, Agency should contact Provider Agency Service at 1 -866-215-2771 for assistance.
7.4. Privacy Principles . Agency shall comply with the “Provider Data Privacy Principles” avai lable at http://www.lexisnexis.com/privacy/data-privacy-principles.aspx, as updated from time to time. Provider shall notify Agency in writing in the event that material changes are made to the Provider Data Privacy Principles.
7.5. Security. Agency agrees to protect against the misuse and/or unauthorized access of the Services provided to Agency in accordance with this Agreement and as set forth in Exhibit A, attached hereto.
7.6. Additional Requested Terms and Conditions . Provider acts on behalf of Agency in carrying out Agency’s obligations to provide public access to vehicle accident reports under applicable public record laws. Provider will accordingly follow the instruction and direction of Agency in fulfilling requests for Agency’s Reports. Should Agency require any specific terms and conditions for the disclosure or use of Reports on Provider’s eCommerce web portal beyond the terms and conditions otherwise defined herein, includin g any conditions relating to compliance with any laws restricting the disclosure, obtainment or use of Agency’s Reports, Agency will notify Provider within three (3) business days of Agency’s decision.
Otherwise, Provider will rely on Agency to determine that all legal conditions relating to the disclosure, obtainment, and use of Agency’s Reports have been met when Agency authorizes Provider to disclose Agency’s Reports to Authorized Requestors on Provider’s eCommerce web portal pursuant to this Agreement.
8. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY OWNERSHIP.
8.1. Definition. “Confidential Information” means all non -public information provided by the disclosing Party to the receiving Party hereunder, including, without limitation, the terms of this Agreement, all information related to technical, financial, strategies and related information, business information, computer programs, algorithms, know -how, processes, databases, systems, ideas, inventions (whether patentable or not), schem atics, Trade Secrets (as defined by applicable law) and other information (whether written or oral). Confidential Information does not include Reports and information related thereto.
Confidential Information does not include information that was, at the t ime of the disclosure: (a) or becomes (through no improper action or inaction by the recipient) generally known to the public; (b) lawfully disclosed to recipient by a third- party and received in good faith and without any duty of confidentiality by the r ecipient or the third-party; (c) in recipient’s possession or known to it prior to receipt from discloser; or (d) independently developed by recipient; provided in each case that such forgoing information was not delivered to or obtained by recipient as a result of any breach of this Agreement.
8.2. Treatment of Confidential Information. Each Party agrees to protect the Confidential Information with the same degree of care it uses to protect its own confidential information of a similar nature, but not less than a reasonable standard of care and not to use the other Party’s Confidential Information other than as necessary to perform its obligations or as permitted under this Agreement. A Party shall not remove or destroy any proprietary or confidential legend s or markings placed upon or contained within any Confidential Information.
8.3. Intellectual Property Ownership . Each Party retains all right, title, and interest under applicable contractual, copyright and related laws to their respective Confidential Informa tion, including the right to use such information for all purposes permissible by applicable laws, rules, and regulations. Provider retains all rights (other than the limited license granted herein), title, interest, ownership and all intellectual property rights in the Services including any improvements or modifications thereto, and Agency shall use such information consistent with such right, title and interest and notify Provider of any threatened or actual infringement thereof. Agency shall not remove or obscure any copyright or other notices from the Services or materials provided hereunder.
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8.4. Exception for Subpoenas and Court Orders . A Party may disclose Confidential Information solely to the extent required by subpoena, court order or oth er governmental authority, provided that the receiving Party provides the disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the disclosing Party an opportunity to obtain a protective order t o prohibit or limit such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information.
8.5. Duration. Each Party’s obligations with respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years after termination of this Agreement, provided however, that with respect to Trade Secrets, each Party’s obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.
8.6. Return of Confidential Information . Upon the written request of a Party (and except as otherwise specifically set forth in an applicable Order), each Party shall return or destroy (and certify such destruction in a signed writing) any of the other Party’s Confidential Information unless retention of such information is required by law, regulation, court order, or other similar mandate.
8.7. Injunctive Relief. In the event of a breach or a threatened breach of the confidentiality or privacy provisions of this Agreement, the non -breaching Party may have no adequate remedy in monetary damages and, accordingly, may seek an injunction against the breaching Party.
8.8. Other. During the term of this Agreement and subject to approval by Agency, Agency agrees to serve as a reference for the Services, which may include (i) reference calls with mutually acceptable prospects; (ii) a published “success story” describing the partnership with Provider; (iii) the use of Agency’s name in Provider marketing activities; or (iv) a favorable reference of Provider to an industry analyst or at an industry conference.
9. PROVIDER AUDIT RIGHTS. Agency understands and agrees that, in order to ensure Agency’s compliance with the Agreement, as well as with applicable laws, regulations and rules, Provider’s obligations under its contracts with its data p roviders, and Provider’s internal policies, Provider may conduct periodic rev iews of Agency’s use of the services and may, upon reasonable notice, audit Agency’s records, processes and procedures related to Agency’s use, storage and disposal of the Services and information received therefrom. Agency agrees to cooperate fully with a ny and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Provider will be subject to immediate action including, but not limited to, invoicing for any applicable fees (if Services are based on number of users and Agency’s use exceeds licenses granted), suspension or termination of the license to use the Services, legal action, and/or referral to federal or state regulatory agencies.
10. REPRESENTATIONS AND WARRANTIES. Agency represents and warrants to Provider that Agency is fully authorized to disclose Reports, information, and related data or images to Provider in accordance with this Agreement and to grant Provider the rights to prov ide the Services as described herein. Where redaction of Reports is required prior to provision to Provider, Agency represents and warrants it will redact applicable Reports consistent with all laws and regulations. In performing their respe ctive obligations under this Agreement, each Party agrees to use any data and provide any Services, in strict conformance with applicable laws and regulations, and further, to comply with all applicable binding orders of any court or regulatory entity and consist ent with the terms of this Agreement.
11. LIMITATION OF WARRANTY. FOR PURPOSES OF THIS SECTION, “PROVIDER” INCLUDES PROVIDER AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AND DATA PROVIDERS. THE SERVICES PROVIDED BY PROVIDER ARE PROVIDED "AS IS" AND
WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, REGARDING ITS ACCURACY OR PERFORMANCE INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ORIGINALITY, OR OTHERWISE, OF ANY SERVICES, SYSTEMS, EQUIPMENT OR MATERIALS PROVIDED HEREUNDER.
12. INDEMNIFICATION. To the extent permitted under applicable law, each Party shall defend, indemnify, and hold harmless the other Party, its affiliates, and their officers, directors, employees, and agents (the “indemnified parties”) against and from any and all losses, liabilities, damages, actions, claims, demands, settlements, judgments, and any other expenses (including rea sonable attorneys' fees), which are asserted against the indemnified parties by a third party, but only to the extent caused by (i) violation of law in the performance of its obligations under this Agreement by the indemnifying Party, its affiliates, or the officers, ag ents or employees of such Party (the “indemnifying parties”); (ii) t he gross negligence or willful misconduct of the indemnifying Parties during the term of this Agreement; (iii) violation, infringement or misappropriation of any U.S. patent, copyright, trade sec ret or other intellectual property right; or (iv) with respec t to Agency, violation of any of the license terms or restrictions contained in this Agreement. The indemnities in this section are subject to the indemnified Parties promptly notifying the indemnifying Parties in writing of any claims or suits.
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13. LIMITATION OF LIABILITY. To the extent permitted by applicable law, Provider’s entire liability for any claims(s) resulting from its acts or omissions, including, but not limited to negligence claims under this Agreement shall not exceed the total amount of Fees actually received by Provider from Agency (excluding pass through or out of pocket expenses) for the specific services f rom which liability arises during the twelve (12) month period immediately preceding the event first giving rise t o such liability, and if not yet in the twelfth (12 th) month of this Agreement, for the period leading up to such event. To the extent the relevant services are made available at no cost to Agency, then in no event shall Provider’s liability to Agency unde r this Agreement exceed seven thousand five hundred dollars ($7,500.00) in the aggregate. This limitation of liability will not apply to any claims, action s, damages, liabilities or fines relating to or arising from Provider’s gross negligence or willful m isconduct. In no event shall Provider be liable for any indirect, special, incidental, or consequential damages in connection with this Agreement or the performance or failure t o perform hereunder, even if advised of the possibility of such damages.
14. FORCE MAJEURE. Neither Party will be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including but not limited to natural disaster, pandemic, casualty, act of god or public enemy, riot, terrorism, or governmental act; provided, however, that such Party will not have contributed in any way to such event. If the delay or failure continues beyond thirty (30) calendar days, either Party may terminate this Agreement or any impacted Order with n o further liability, except that Agency will be obligated to pay Provider for the Services provided under this Agreement prior to the effective date of such termination.
15. NOTICES. All notices, requests, demands or other communications under this Agreement shall be in writing to the address set forth in the opening paragraph and shall be deemed to have been duly given: (i) on the date of service if served personal ly on the party to whom notice is to be given; (ii) on the day after delivery to a commercial or postal overnight carrier service; or (iii) on the fifth (5 th) day after mailing, if mailed to the Party to whom such notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed. Any Party hereto may change i ts address for the purpose of this section by giving the other party timely, written notice of its new address in the manner set forth above.
16. MISCELLANEOUS.
16.1 Affiliates. For purposes of this Agreement, “Affiliate” means any corporation, firm, partnership o r other entity that directly or indirectly controls, or is controlled by, or is under common control with Provider. Affiliates shall not be bound by the terms and conditions of this Agreement with respect to the provision of their applicable Services hereu nder and nothing in this Agreement shall prevent or limit Affiliates from offering previously purchased Reports or data extracted from Reports for sale.
16.2 Independent Contractor/No Agency . Each Party acknowledges that it has no authority to bind or otherwise obligate the other Party.
16.3 Assignment. Neither Party shall assign this Agreement in whole or in part without the prior written consent of the other Party, and any such attempted assignment contrary to the foregoing shall be void. Notwithstanding the forego ing, an assignment by operation of law, as a result of a merger or consolidation of a Party, does not require the consent of the other Party. This Agreement will be binding upon the Parties’ respective successors and assigns.
16.4 Headings, Interpretation, and Severability . The headings in this Agreement are inserted for reference only and are not intended to affect the meaning or interpretation of this Agreement. The language of this Agreement shall not be construed against either Party. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16.5 Waiver; Remedies Non -Exclusive. No failure o r delay on the part of any Party in exercising any right or remedy provided in this Agreement will operate as a waiver thereof. Unless otherwise provided herein, any remedy will be cumulative to any other right or remedy available at law or in equity.
16.6 Survival. Sections 2-4, 7-12, and 15 shall survive the termination or rescission of this Agreement.
16.7 Provider Shared Facilities . Provider may utilize facilities located outside the United States to provide support or the Services under this Agreement, and i f such centers are utilized they shall be under the control of Provider and subject to all Provider policies that govern data access, protection and transport in the United States.
16.8 Entire Agreement . This Agreement represents the entire Agreement of the Par ties and supersedes all previous and contemporaneous communications or agreements regarding the subject matter hereto. Agency by its signature below hereby certifies that Agency agrees to be bound by the terms and conditions of this Agreement including tho se terms and conditions posted on web pages specifically set forth herein or contained with any software provided under this Agreement, as may be updated from time to time. Any additional terms or conditions contained in purchase orders or other forms are expressly rejected by Provider and shall not be binding. Acceptance or non-rejection of purchase orders DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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or other forms containing such terms; Provider’s continuation of providing Products or Services; or any other inaction by Provider shall not constitute Provider’s consent to or acceptance of any additional or different terms from that stated in this Agreement. This Agreement may only be modified by a written document signed by both Parties.
16.9 Governing Law. The Agreement will be governed by and construed under the laws of the State of California excluding its conflict of law rules.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized representatives as of the Effective Date.
Agency: City of Menifee Provider: LexisNexis Coplogic Solutions Inc.
Signature
Printed Name: William S. Madison
Title: Executive Vice President Date: 08/03/2020
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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EXHIBIT A - SECURITY AND NOTIFICATION REQUIREMENTS
1. Data Protection. Agency shall take appropriate measures to protect against the misuse and unauthorized access through or to Agency’s (i) credentials (“Account IDs”) used to access the Services; or (ii) corresponding passwords, whether by Agency or any third party; or (iii) the Services and/or information derived therefrom. Agency shall manage identification, use, and access control to all Account IDs in an appropriately secure manne r and shall promptly deactivate any Account IDs when no longer needed or where access presents a security risk. Agency shall implement its own appropriate program for Account ID management and shall use commercially reasonable efforts to follow the policie s and procedures for account maintenance as may be communicated to Agency by Provider from time to time in writing.
2. Agency’s Information Security Program. Agency shall implement and document appropriate policies and procedures covering the administrative, physical and technical safeguards in place and relevant to the access, use, storage, destruction, and control of information which are measured against objective standards and controls (“Agency’s Information Security Program”).
Agency’s Information Security Program shall: (1) account for known and reasonably anticipated threats and Agency shall monitor for new threats on an ongoing basis; and (2) meet or exceed industry best practices. Agency will promptly remediate any deficienc ies identified in Agency’s Information Security Program. Agency shall not allow the transfer of any personally identifiable information received from Provider across any national borders outside the United States without the prior written consent of Provider.
3. Agency Security Event. In the event Agency learns or has reason to believe that Account IDs, the Services, or any information related thereto have been misused, disclosed, or accessed in an unauthorized manner or by an unauthorized person (an “Agency Security Event”) Agency shall:
(i) provide immediate written notice to:
a) the Information Security and Compliance Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005; or
b) via email to ([email protected]); or c) by phone at (1-888-872-5375) with a written notification to follow within twenty four (24) hours; and (ii) promptly investigate the situation; and
(iii) obtain written consent from Provider, not to be unreasonably withheld, prior to disclosing Provider or the Services to any third party in connection with the Agency Security Event; and (iv) if required by law, or in Provider’ discretion, Agency shall:
a) notify the individuals whose information was disclosed that an Agency Security Event has occurred; and b) be responsible for all legal and regulatory obligations including any associated costs which may arise in connection with the Agency Security Event; and
(v) remain solely liable for all costs and claims that may arise from the Agency Security Event, including, but not limited to:
litigation (including a ttorney’s fees); reimbursement sought by individuals (including costs for credit monitoring and other losses alleged to be in connection with such Agency Security Event); and (vi) provide all proposed third party notification materials to Provider for review an d approval prior to distribution.
In the event of an Agency Security Event, Provider may, in its sole discretion, take immediate action, including suspension o r termination of Agency’s account, without further obligation or liability of any kind.
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 9 of 14 Exhibit B – LexisNexis DORS Quote 2020
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 10 of 14
STANDARD
Order No. 1 eCommerce Services
This Order No. 1 (“Order”) is entered into this day of , 2020 (“ Order Effective Date ”) between the City of Menifee ("Agency") and LexisNexis Coplogic Solutions Inc. ("Provider") and subject to the terms and conditions of the Law Enforcement Agreement effective , 2020 (“Agreement”) between the Parties.
1. TERMS AND CONDITIONS. All of the terms and conditions contained in the Agreement shall remai n in full force and effect and shall apply to the extent applicable to this Order except as expressly modified herein. To the extent that the terms and conditions of this Order are in conflict with the terms and conditions of the Agreement, or any other in corporated item, this Order shall control. Capitalized terms used herein but not defined shall have the same meaning as set forth in the Agreement.
2. DESCRIPTION OF SERVICES. Provider, as part of its business, has developed web based portal(s) to distribute Reports to Authorized Requestors and other authorized entities online. In exchange for the Services provided to Agency, Agency agrees that Provider shall have the sole and exclusive right to sell the Agency’s crash reports online and to distribute data extracted from the Reports via Provider’s eCommerce portal(s), LexisNexis® Police Reports.com, or its successor(s). Agency retains the rights to fulfill requests for Reports made pursuant to state freedom of information laws.
3. SCOPE OF SERVICES. Provider agr ees to provide the following Services to Agency subject to the provisions of this Order.
Any change to the Services as set forth in this Order that occur after the Order Effective Date must be made by amendment to this Order, signed by both Parties. Provi der will provide the following Services subject to Agency’s technology capabilities, processes, and work-flow functionality:
3.1. Access to an online agency administration portal to view Reports, generate analytics, and obtain information related to Agency’s Reports;
3.2. Establish a communication protocol to electronically or manually transfer Reports in a timely manner from Agency to Provider; and
3.3. Provide Report retention and distribution services as set forth in Section 5 of the Agreement.
4. TERM AND TERMINATION. This Order shall commence upon the Order Effective Date and shall continue for an initial term of thirty six (36) months (“Initial Term”), whereupon this Order shall automatically renew for additional twelve (12) month periods (“Renewal Term”) unless either Party provides written notice to the other Party, at least sixty (60) days prior to the expiration of the Renewal Term.
5. FEES. Pursuant to Section 4 of the Agreement, the Agency Fee is Eighteeen Dollars and 00/100 ($ 18.00). There shall be no fee to Agency for the Services.
5.1. For the avoidance of doubt, no Agency Fee will be paid with respect to the following:
a) When an Affiliate of Provider has paid an Agency Fee to acquire a Report for an Authorized Requestor and such Affiliate later resells that Report from its inventory of previously purchased Reports to another Authorized Requestor; or
b) When one or more components of a Report (e.g., VIN number) is provided to an Authorized Requestor or an Affiliate of Provider by Provider rather than the entirety of the Report being provided; or c) When a Report is acquired by an Affiliate of Provider from a source other than the eCommerce portal set forth on the applicable Order; or
d) When a fee is not charged to an Authorized Requestor for the Report.
Nothing in this Order shall require Provider or its Affiliate to pay an Agency Fee to the Agency when an Authorized Requestor provides a Report and/or specific data extracted from the Report to a third party after the Authorized Requestor has purchased such Report from the Affiliate’s inventory of previously purchased DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 August 11
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 11 of 14 :_________________________
Reports. Agency acknowledges that all Reports requested by Agency Requestors shall be provided free of charge.
Agency uses Crossroads Software Inc. (“Crossroads”) and hereby authorizes Provider to receive Reports from Crossroads and to distribute such Reports in accordance with Section 3 of the Agreement. For any Reports for which Provider does not receive electronic data elements from Crossroads, Agency acknowledges and agrees that Provider shall (i) manually key certain data fields from such Reports and upload such Reports and related data into Provider’s systems and (ii) transfer such keyed data back to Crossroads for use in accordance with Crossroads’ separate agreement with Agency. Agency assumes any and all responsibility for the actions or inactions of such transfers to or from Crossroads and indemnifies Prov ider from any and all claims Crossroads or other third parties may have arising from or relating to Provider’s compliance with this Agency request.
IN WITNESS WHEREOF, the Parties have caused this Order to be executed by their respective authorized representatives as of the Effective Date.
Provider: LexisNexis Coplogic Solutions Inc.
Signature
Printed Name: William S. Madison
Title: Executive Vice President
Date: 08/03/2020
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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STANDARD
Order No. 2
LexisNexis® Desk Officer Reporting System (DORS)
This Order No. 2 (“Order”) is entered into this day of , 2020 (“Order Effective Date”) between City of Menifee ("Agency") and LexisNexis Coplogic Solutions Inc. ("Provider") and subject to the terms and conditions of the Law Enforcement Agreement effective , 2020 (“Agreement”) between the Parties.
1. TERMS AND CONDITIONS.
All of the terms and conditions contained in the Agreement shall remain in full force and effe ct and shall apply to the extent applicable to this Order except as expressly modified herein. To the extent that the terms and conditions of this Order are i n conflict with the terms and conditions of the Agreement, or any other incorporated item, this Or der shall control. Capitalized terms used herein but not defined shall have the same meaning as set forth in the Agreement.
2. DESCRIPTION OF SERVICES.
Provider, as part of its business has developed and makes available to law enforcement entities an online citizen reporting system called LexisNexis® Desk Officer Reporting System (“DORS”) enabling individuals, retail companies and other organizations to f ile reports, crime tips and other forms online to law enforcement.
3. SCOPE OF SERVICES.
Provider agrees to provide the following Services to Agency subject to the provisions of this Order. Any change to the Services as set forth in this Order that occur after the Order Effective Date must be made by amendment to this Order, signed by both Parties. Provider will provide the following Services described below subject to Agency’s technology capabilities, processes, and work-flow functionality.
3.1. Services. DORS uses the J2EE standard. DORS is designed to gather information on incidents from a member of the general public (user) via an SSL connection. DORS will issue a temporary report number to the user and place the temporary report into an administrative holding area for review and modification by appropriate Agency administrator. An email is generated to the user that the report has been submitted. The Agency administrator logs in via an SSL connection and approves, rejects, edits or prints reports as appropriate. Rejecting a report deletes it from the DORS system and sends an appropriate email to the user. Approving the report issues a number, places it in a queue to be exported (as determined during implementation), and sends an appropriate email to the user. The Agency administrator and user can download the approved report and/or print the approved report out. Provider shall provide Report retention and distribution services as set forth in in Section 5 of the Agreement, including an on- line Report distribution website such as LexisNexis® PoliceReports.com (or its successors).
3.2. Setup and Access.
Agency Responsibilities.
a) Coordinate with Provider to establish dates for deployment within the DORS implementation schedule tab; b) Provide images for (i) website header image (ii) temporary citizen report image and (iii) final printed PDF report image;
c) Load provided HTML pages onto Agency website which links to Provider’s servers for the Services; d) Provide Provider with the schema for the desired file format and/or database schema; e) Enable Provider read /write access and test environment with current configuration f) Enable Provider VPN access to the exporter, RMS application(s), and other information required for report bridge installation;
g) Provide timely responses to Provider’s questions, which may arise during the setup and con figuration process.
Provider Responsibilities.
a) Coordinate with Agency to establish schedule for deployment within the DORS implementation schedule tab. b) Register Agency within Provider’s network and load Agency provided images into Agency’s implementation of DORS.
c) Provide Agency with administrator password and credentials for the Services. d) Provide Agency with sample operational directives, deployment strategies and sample press release. e) Provide Agency with suggestions for the successful deployment of the Services. f) Provide Agency with instructions on the easy setup of a kiosk for Agency’s headquarters lobby, etc.
Completion Criteria.
Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 12 of 14 DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 11th
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 13 of 14 This task is considered complete after Provider has delivered listed materials.
3.3. Configuration.
Agency Responsibilities.
a) Coordinate with Provider for web training session on administering the program, using the dynamic creation tools, “Triple Lock” login features, user account including deploying the “Secure side filing feature”. b) Using the administrator account, login in and configure the code tables, crime types, user account, and dynamic content for Agency.
c) Test the optional interface with the RMS application. d) Review resulting files with Provider, document any problems, and collaborate with Provider on a plan for corrective action(s).
e) Provide necessary files for RMS integration.
Provider Responsibilities
a) Coordinate with Agency for web training session on administering the program, using the dynamic creation tools, “Triple Lock” login features, user account including deploying the “Secure side filing feature”. b) Configure export routine for the optional RMS Interface with information provided. c) Review resulting files with Agency, document any problems, and collaborate with Agency on a plan for corrective action(s).
Completion Criteria
This task is considered complete when the DORS is accessible on Provider’s web server and reports can be filed and interfaced into the RMS (optional).
3.4. Support and Maintenance. Provider will provide Support and Maintenance Services in accordance with the terms and conditions set forth in Section 3 of the Agreement.
4. TERM AND TERMINATION.
This Order shall commence upon the Order Effective Date and shall continue for an initial term of twenty -four (24) months (“Initial Term”), whereupon this Order shall automatically renew for additional twelve (12) month periods (“Renewal Term”) unless eithe r Party provides written notice to the other Party, at least forty five (45) days prior to the expiration of the Renewal Term.
5. FEES AND PRICE ADJUSTMENTS.
The Fees for the Services shall be subject to the terms set forth in Section 4 of the Agreement.
5.1. The Agency Fee is Eighteen Dollars and 00/100 ($18.00).
5.1.1. For the avoidance of doubt, no Agency Fee will be paid with respect to the following:
5.1.1.1. When an Affiliate of Provider has paid an Agency Fee to acquire a Report for an Authorized Requestor and such Affiliate later resells that Report from its inventory of previously purchased Reports to another Authorized Requestor; or
5.1.1.2. When one or more components of a Report (e.g., VIN number) is provided to an Authorized Requestor or an Affiliate of Provider by Provider rather than the entirety of the Report being provided; or
5.1.1.3. When a Report is acquired by an Affiliate of Provider from a source other than the eCommerce portal set forth on the applicable Order; or
5.1.1.4. When a fee is not charged to an Authorized Requestor for the Report.
Nothing in this Order shall require Provider or its Affiliate to pay an Agency Fee to the Agency when an Authorized Requestor provides a Report and/or specific data extracted from the Report to a third party after the Authorized Requestor has purch ased such Report from the Affiliate’s inventory of previously purchased reports. Agency acknowledges that all reports requested by Agency Requestors shall be provided free of charge.
5.2. Monthly Services Fees. Agency shall pay a monthly license Fee for the Ser vices which includes Support and Maintenance Services. Fees for the Services for the Initial Term shall be One Thousand Four Hundred Forty Dollars and 00/100 ($1,440.00) per month. All Fees shall be invoiced monthly by Provider beginning on the Order Effec tive Date. Not withstanding the above, in the event the Agency decides to pay the monthly license Fee for he Services DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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Confidential - Law Enforcement Agreement Q3.V3.19 sms7302020 Page 14 of 14 on an annual basis, the Agency shall pay Seventeen Thousand Two Hundred Eighty Dollars and 00/100 ($17,280.00) for the Initial Term (“Annual Fee”). The Annual Fee shall be invoiced by Provider according to the Agreement and due on the annual anniversary of the Order Effective Date.
IN WITNESS WHEREOF, the Parties have caused this Order to be executed by their respective authorized representatives as of the Effective Date.
Provider: LexisNexis Coplogic Solutions Inc.
Signature:
Printed Name: William S. Madison
Title: Executive Vice President
Date: 08/03/2020
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
___________________________
___________________________
Jeffrey T. Melching, City Attorney
____________________________
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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Holder Identifier : 7777777707070700077763616065553330773617546304557707553126763516201072650576046331130776041513067411207566015372234556075262731364323300750427313663231207504413532270130077727252025773110777777707000707007 6666666606060600062606466204446200602000406226000206222224260060022060220042622620220622002406204000206220204062040002062200240422600220600020406226202206222026062000402066646062240664440666666606000606006 Certificate No : 570081757912
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY )
05/13/2020
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement 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 INFORMATI ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AM END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P OLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST ITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AU THORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Services Northeast, Inc.
Boston MA Office
53 State Street
Suite 2201
Boston MA 02109 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS :
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 16535 Zurich American Ins Co INSURER A :
22667 ACE American Insurance Company INSURER B :
AA1121547 XL Insurance Company SE INSURER C :
AA1128623 Lloyd's Syndicate No. 2623 INSURER D :
INSURER E :
INSURER F :
FAX
(A/C. No .): (800) 363-0105
CONTACT
NAME:
LexisNexis Coplogic Solutions Inc.
1000 Alderman Drive
Alpharetta GA 30005 USA
COVERAGES CERTIFICATE NUMBER : 570081757912 REVISION NUMBER :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S UBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . Limits shown are as requested
POLICY EXP
(MM /DD /YYYY )
POLICY EFF
(MM /DD /YYYY )
SUBR
WVD
INSR
LTR
ADDL
INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence )
MED EXP (Any one person )
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG
X
X
X
GEN 'L AGGREGATE LIMIT APPLIES PER :
$1,000,000
$1,000,000
$5,000
$1,000,000
$2,000,000
$1,000,000
$1,000,000
Host Liquor Liab
B 01/01/2020 01/01/2021 OGLG46663160
PRO-
JECT
OTHER :
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X
BODILY INJURY (Per accident)
$1,000,000 A 01/01/2020 01/01/2021
Collision Ded $1,000
COMBINED SINGLE LIMIT
(Ea accident)
8376848 21
Comp Ded $1,000 X
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
$1,000,000
X OTH-
ER
PER STATUTE A 01/01/2020 01/01/2021
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
837684521
Aggregate Limit FSCE2000015 01/01/2020 12/31/2020
SIR applies per policy terms & conditions
E&O-PL-Primary D $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Errors & Omissions/Professional Liability policy includes coverage for 3rd party liability arising out of Cyber-related events. RE: Reference Contract: LexisNexis Police Reports and Desk Officer Reporting System (DORS). City of Menifee, its officers, employees, agents and authorized volunteers, 29844 Haun Road, Menifee CA 92586 are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies.
CANCELLATION CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
City of Menifee
29844 Haun Road
Menifee CA 92586 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS .
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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AGENCY CUSTOMER ID:
ADDITIONAL REMARKS SCHEDULE
LOC #:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE : Certificate of Liability Insurance EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED AGENCY
See Certificate Number :
See Certificate Number :
570081757912
570081757912
Aon Risk Services Northeast, Inc.
570000055869
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.
INSURER
INSURER
INSURER
INSURER
INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
LexisNexis Coplogic Solutions Inc.
TYPE OF INSURANCE
POLICY NUMBER LIMITS
GENERAL LIABILITY
B OGLG46663160 01/01/2020 01/01/2021
OTHER
C E&O-PL-XS FSCE2000059 01/01/2020 12/31/2020
Deductible $15,000
Aggregate $1,000,000
ADDL
INSD
INSR
LTR
SUBR
WVD
POLICY
EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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ADDITIONAL REMARKS SCHEDULE
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS
EFFECTIVE DATE:
CARRIER NAIC CODE
NAMED INSURED AGENCY
See Certificate Number :
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE : Certificate of Liability Insurance 570000055869
Aon Risk Services Northeast, Inc.
570081757912
570081757912
See Certificate Number
:
POLICY NUMBER
Companies Affording coverage
COMPANY LINE OF BUSINESS DESCRIPTION POLICY NUMBER NAIC POLICY
EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
PRIMARY
(Y/N)
FLAG
PERCENTAGE
OF
RISK
Page _ of _
LexisNexis Coplogic Solutions Inc.
837684521 Workers Compensation Zurich American Ins Co 16535 8376848 21 Business Auto Coverage Zurich American Ins Co 16535 100 FSCE2000015 E&O - Professional
Liability - Primary
Lloyd's Syndicate No. 2623
AA1128623 82
FSCE2000015 E&O - Professional
Liability - Primary
Lloyd's Syndicate No. 623
AA1126623 18
FSCE2000059 E&O - Professional
Liability - Excess
XL Insurance Company SE
AA1121547 100
OGLG46663160 General Liability
Coverage
ACE American Insurance Company 22667 100
Y
Y
Y
N
Y
Y
1/1/2020 1/1/2021
1/1/2020
1/1/2020
1/1/2020
1/1/2020
1/1/2020 1/1/2021
12/31/2020
12/31/2020
12/31/2020
1/1/2021
100
The Subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
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OGLG46663160
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DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10 Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services
Item Page Number: 23
Menifee Mayor and City Council November 2, 2022 Page 228 of 675
1 Maritsa Ramirez
From: Margarita Cornejo
Sent: Thursday, June 11, 2020 4:00 PM
To: Maritsa Ramirez
Subject: FW: Agreement Review Request: Menifee PD (LexisNexis) Attachments: Coplogic Solutions & City of Menifee MSA.doc; Coplogic Solutions & City of Menifee eCommerce Order (#1).docx; Coplogic Solutions & City of Menifee DORS Order (# 2).docx
From: Margarita Cornejo
Sent: Thursday, June 11, 2020 3:12 PM
To: McKee, Shawna <[email protected]>
Cc: Jeffery T. Melching <[email protected]>; Dall, Heather <[email protected]> Subject: Agreement Review Request: Menifee PD (LexisNexis)
Hi Shawna,
Attached is another software agreement for Menifee PD. This is for LexisNexis. Can you review and advise if this one is ok to proceed with?
Thank you!
Margarita Cornejo | Financial Services Manager
Finance Department
City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!) Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568 [email protected]
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*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
Page
229 of 675
06/30/2020
City of Menifee
1 9:46PM
Page:expstat.rpt Expenditure Status Report
7/1/2019 through 6/30/2020
Periods: 0 through 14
General Fund100
*** Title Not Found ***4000
Prct
UsedBalance
Year-to-date
Encumbrances
Year-to-date
ExpendituresExpenditures
Adjusted
AppropriationAccount Number
100-4911 Menifee Police Department
100-4911-50000 *** Title Not Found ***
6,500.00 6,444.00 6,444.00 99.14100-4911-51350 Software Licensing/Annual Maint. 0.00 56.00 35,000.00 28,783.07 28,783.07 82.38100-4911-51500 Small Tools/Field Equipment 49.34 6,167.59 186,500.00 76,427.39 76,427.39 93.04100-4911-51501 Materials and Supplies 97,090.15 12,982.46 28,000.00 26,906.80 26,906.80 96.10100-4911-51720 Marketing 0.00 1,093.20 24,750.00 12,812.54 12,812.54 51.77100-4911-52039 Mobile Devices 0.00 11,937.46 15,000.00 16,746.87 16,746.87 111.65100-4911-52041 Utilities-Electricity 0.00 -1,746.87 400.00 381.68 381.68 95.42100-4911-52042 Utilities-Gas 0.00 18.32 3,500.00 3,234.47 3,234.47 92.41100-4911-52043 Utilities-Water 0.00 265.53 10,135.00 3,000.00 3,000.00 34.24100-4911-52050 Facilities Maintenance 470.00 6,665.00 389,996.00 389,995.56 389,995.56 100.00100-4911-52060 Building Leases 0.00 0.44 221,390.00 118,603.48 118,603.48 99.56100-4911-52100 New Hire Screenings/Testings 101,821.00 965.52 80,000.00 25,998.72 25,998.72 67.58100-4911-52211 Training 28,066.80 25,934.48 181,121.00 108,437.92 108,437.92 92.11100-4911-52400 Uniforms 58,386.48 14,296.60 995,186.00 62,262.87 62,262.87 100.00100-4911-52750 Dispatch Services 932,922.95 0.18 211,115.00 145,941.03 145,941.03 96.72100-4911-52751 Protective Devices & Accessories 58,258.96 6,915.01 20,000.00 4,497.18 4,497.18 93.49100-4911-52752 Property/Evidence/Forensics 14,199.93 1,302.89 296,878.00 4,847.50 4,847.50 10.91100-4911-52800 Professional Services 27,542.50 264,488.00 697,380.00 663,660.60 663,660.60 99.01100-4911-53150 Furniture & Equipment 26,822.84 6,896.56 267,960.00 0.00 0.00 0.00100-4911-58090 Menifee Police Headquarters 0.00 267,960.00 378,703.00 378,703.00 378,703.00 100.00100-4911-59005 Operating Transfer Out - IT Support 0.00 0.00 8,666.00 8,666.00 8,666.00 100.00100-4911-59010 Operating Transfers Out - Fleet Support 0.00 0.00 46,239.00 46,239.00 46,239.00 100.00100-4911-59011 Operating Transfers Out - Facility Supp. 0.00 0.00 Total *** Title Not Found *** 4,104,419.00 2,132,589.68 2,132,589.68 1,345,630.95 626,198.37 84.74 Total Menifee Police Department 4,104,419.00 2,132,589.68 2,132,589.68 1,345,630.95 626,198.37 84.74 Total General Fund 4,104,419.00 2,132,589.68 2,132,589.68 1,345,630.95 626,198.37 84.74 1Page:
DocuSign Envelope ID: CC2E6A2B-3E4A-445E-B6C2-3409BFDE1F32 Item Title: 10.10 Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services
Item Page Number: 25
Menifee Mayor and City Council November 2, 2022 Page 230 of 675
LexisNexis® Risk Solutions
1000 Alderman Drive
Alpharetta, GA 30005
807519
Term USD Amount
1-Year $17,280.00
Monthly
Quote: Menifee PD CA
DORS Renewal Pricing Notice
***This is not an invoice. No Payment is due at this time.*** September 9, 2022
$1,440.00
Description
LexisNexis® Desk Officer Reporting System Annual Fee for period of 10/01/2022 to 09/30/2023
• Unlimited users, incident types, and report intake
• Unlimited customer support (phone and e-mail)
• Unlimited maintenance including every update and
upgrade released
• Hosting in the LexisNexis® Secure Hosting Environment Acct. #
Contact your account manager if you have questions about this notice and to learn how LexisNexis® can help off-set the cost of the LexisNexis® Desk Officer Reporting System:
Jeremy Bringle
[email protected]
THANK YOU FOR YOUR BUSINESS!
Item Title: 10.10
Agreement with LexisNexis Coplogic Solutions, Inc. for Electronic Reporting Services Menifee Mayor and City Council
November 2, 2022
Page
231 of 675
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Spicer Consulting Group, for Special District Annexation and Formation Services for Fiscal Year 2022/2023
MEETING DATE: November 2, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to an On-call Professional Services Agreement with Spicer Consulting Group to provide special district annexation services for Fiscal Year 2022/2023, increasing the agreement by $75,100 for a total agreement not-to-exceed amount of $100,000.
DISCUSSION
Following completion of a competitive Request for Proposal (RFP) solicitation for comprehensive financial consulting services, the City Council awarded a Professional Services Agreement (PSA) to Spicer Consulting Group (SCG) for special district administration services for Fiscal Year (FY) 2022/2023 and authorized the City Manager to extend the services for four additional one-year periods at the February 16, 2022, City Council meeting. The services provided through special district administration include, but are not limited to, the following:
•Annual Engineer’s Reports & Annual Reports
•Database Integrity
•Special Tax Rate Calculations
•Assessment rates
•Levy Information / Data Collection
•Annual levy preparation and submittal
•Compliance with Proposition 218
•City Council Meeting preparation and Presentations
•Delinquency Monitoring
•Respond to Property Owner Questions
•Internet site for Property Owners and City Employees
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 1
Menifee Mayor and City Council
November 2, 2022
Page
232 of 675
City of Menifee Staff Report
Special District Services - Engineering
November 2, 2022
1 2
1 8
•Annexation Services for future annexations
•Bond Issuance Services
•Other On-Call Services for Finance, Planning, Community Services, and Public Works Departments
Multiple City departments utilize services provided through SCG, and as such, separate agreements and funding sources are established for services based on each department’s need.
The Public Works Engineering Division utilizes SCG to assist in the process of annexing new developments into the City’s existing maintenance community facility districts (CFDs). Annexation into CFDs is a standard condition of approval for all new developments and establishes an ongoing revenue source for proper maintenance of public infrastructure and amenities established as part of the development.
On July 1, 2022, staff administratively entered into an agreement with SCG for special district administration services related to annexations. The Agreement was established in a total not-to- exceed amount of $24,900 and was executed under the City Manager’s signatory authority. It is important to note that costs related to annexation services provided by SCG are fully offset through developer deposits received specifically for the CFD annexation process.
In the first three months of FY 2022/2023, five separate maintenance CFD annexations have been completed and three additional developments are in active review for annexation. Due to the number of annexations expected in FY 2022/2023, an amendment to the current PSA with SCG is necessary to increase the agreed compensation amount by $75,100 and adjusting the total not- to-exceed compensation from $24,900 to $100,000.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact related to approval of this item. Funding for the amended agreement total not-to-exceed amount of $100,000 is available through FY 2022/2023 in the general fund Engineering Division operating budget account no. 100-4551-52825 (Professional Services - Recoverable). Costs related to annexation services provided by SCG are fully offset through developer deposits collected specifically for these services.
ATTACHMENTS
1. Agreement
2. Amendment No. 1
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 2
Menifee Mayor and City Council
November 2, 2022
Page
233 of 675
2671/031858-0001
7630421.2 a09/07/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 ON-CALL CFD ANNEXATION SERVICES (RECOVERABLE) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Spicer Consulting Group, a California Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services . The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in l ight of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consult ant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 28 October
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 3
Menifee Mayor and City Council
November 2, 2022
Page
234 of 675
2671/031858-0001
7630421.2 a09/07/22 -2-
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS ($24,900.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 4
Menifee Mayor and City Council
November 2, 2022
Page
235 of 675
2671/031858-0001
7630421.2 a09/07/22 -3-
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for S ervices satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 5
Menifee Mayor and City Council
November 2, 2022
Page
236 of 675
2671/031858-0001
7630421.2 a09/07/22 -4-
limited to computer, long -distance telephone or other communication char ges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 6
Menifee Mayor and City Council
November 2, 2022
Page
237 of 675
2671/031858-0001
7630421.2 a09/07/22 -5-
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional lia bility insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 7
Menifee Mayor and City Council
November 2, 2022
Page
238 of 675
2671/031858-0001
7630421.2 a09/07/22 -6-
d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference:
FISCAL YEAR 2022/23 ON- CALL CFD ANNEXATION SERVICES (RECOVERABLE) .
The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, C A 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior expr ess written authorization of the Contract Administrator, Consultant may increase such deductibles or self - DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 8
Menifee Mayor and City Council
November 2, 2022
Page
239 of 675
2671/031858-0001
7630421.2 a09/07/22 -7-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an inc rease in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requir ements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under st atute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 9
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November 2, 2022
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, includi ng but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Se ction 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the S ervices hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contributio n to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the S ervices required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
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Services
for
Fiscal
Year 2022/2023
Item Page Number: 10
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November 2, 2022
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees , and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any require d disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the P arties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective profession s.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 11
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November 2, 2022
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
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Consulting
Group,
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Annexation
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Services
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Fiscal
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Item Page Number: 12
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any ta ngible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consul tant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
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Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
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Fiscal
Year 2022/2023
Item Page Number: 13
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November 2, 2022
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provi ded, however, that the attorney s’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought f or that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Shane Spicer (“Consultant’s Representative”). The Consultant’s Representat ive shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences , and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration . This Agreement shall be administered by a City employee, Nick Fidler , Public W orks Director/City Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 14
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Spicer Consulting Group
Attn: Shane Spicer
41619 Margarita Road,Suite 101
Temecula, CA 92591
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nick Fidler, Public Works Director/City Engineer with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with r eport/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
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Consulting
Group,
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District
Annexation
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Services
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other A greement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
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Formation
Services
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Fiscal
Year 2022/2023
Item Page Number: 16
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IN WITNESS WHEREOF, the P arties hereto have executed and entered i nto this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Shane Spicer, Managing Director
Melissa Bellitire, Managing Director
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 17
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November 2, 2022
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Fiscal Year 2022/23 On-Call CFD Annexation Services (Recoverble) in the amount not to exceed TWENTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS ($24,900.00) as further detailed in the following page(s).
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 18
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EXHIBIT A.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 19
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November 2, 2022
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2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.
DocuSign Envelope ID: 2891C4DB-8E41-400A-A8C3-02F0140F9FAB DocuSign Envelope ID: D792C6BB-90D7-4C02-83E8-89B0A2DE3114 Item Title: 10.11
Agreement
Amendment
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Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 20
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DocuSign Envelope ID: FB9FFA8B-64FC-4383-B4C4-829C28B57621
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN SPICER CONSULTING GROUP
AND THE CITY OF MENIFEE FOR FISCAL YEAR 2022/23 ON-CALL CFD ANNEXATION
SERVICES (RECOVERABLE)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on JULY 1, 2022, between the City of Menifee (“City”) and SPICER CONSULTING GROUP (“Consultant”) for FISCAL YEAR 2022/23 ON-CALL CFD ANNEXATION SERVICES (RECOVERABLE) which Amendment No. 1 is made and entered into on , 2022 to modify the compensation as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1, “Compensation” is amended to increase the maximum compensation by $75,100.00 (SEVENTY FIVE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $100,000.00 (ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 21
Menifee Mayor and City Council
November 2, 2022
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Professional Services Amendment No. 1 with Spicer Consulting Group
Shane Spicer, Managing Director
Melissa Bellitire, Managing Director
CITY OF MENIFEE SPICER CONSULTING GROUP
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 22
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November 2, 2022
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Professional Services Amendment No. 1 with Spicer Consulting Group
EXHIBIT A
SCOPE OF SERVICES
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
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DocuSign Envelope ID: FB9FFA8B-64FC-4383-B4C4-829C28B57621
Item Title: 10.11
Agreement
Amendment
with
Spicer
Consulting
Group,
for
Special
District
Annexation
and
Formation
Services
for
Fiscal
Year 2022/2023
Item Page Number: 24
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November 2, 2022
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CITY OF MENIFEE
SUBJECT: Agreement Amendment to the Amended and Restated Western Riverside Council of Governments Professional
Services Agreement
MEETING DATE: November 2, 2022
TO: Mayor and City Council
PREPARED BY: Tyler Fife, Public Works Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to extend the Professional Services Agreement with the Western Riverside Council of Governments and Yunex, LLC for streetlight maintenance services through December 31, 2023.
DISCUSSION
In 2014, the Western Riverside Council of Governments (WRCOG) Executive Committee directed staff to initiate a regional effort to help jurisdictions purchase their streetlights from Southern California Edison. Once purchased, streetlight lamps would be retrofitted to LED, and maintenance would be implemented under a regional contract, which has 11 jurisdictions currently participating. The WRCOG Regional Streetlight Program Project was completed on June 25, 2020.
The First Amendment to the Amended and Restated WRCOG Professional Services Agreement between WRCOG and Siemens Mobility, Inc. (Agreement) became effective November 22, 2019.
On July 1, 2021, Siemens transferred its Intelligent Traffic Signal Unit to the new brand name of Yunex LLC. The attached Second Amendment to the Agreement will extend operation and maintenance services provided by Yunex LLC until December 31, 2023.
Approval of the proposed amendment to the Agreement with Yunex LLC would provide continued maintenance to over 7,000 street lights managed by the Public Works Department.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 10.12
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City of Menifee Staff Report
Streetlight PSA 2nd Amendment
November 2, 2022
1 2
1 6
FISCAL IMPACT
Funding for the extended Agreement of streetlight maintenance through December 31, 2023, is available in the approved Fiscal Year 2022/2023 Budget in the various streetlight accounts throughout the General Fund, Gas Tax and Special Districts as determined by the location of the light requiring maintenance.
ATTACHMENTS
1. Second Amendment
2. First Amendment
3. Original Agreement
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20323.00002\40676915.1
1 SECOND AMENDMENT TO
APPENDIX #5
City of Menifee
This Second Amendment to Appendix #5 the Amended and Restated Western Riverside Council of Governments Professional Service Agreement is made as of _______________, 2022 by and between the Western Riverside Council of Governments, a California public agency ("WRCOG"), Yunex LLC , a Delaware corporation (“Yunex”), and the City of Menifee (“Member Agency”). The WRCOG, Yunex, and Member Agency are sometimes individually referred to as "Party" and collectively as "Parties."
RECITALS
WHEREAS, the WRCOG and Siemens Industry Inc., Inte lligent Traffic Systems, a Delaware corporation (“Siemens Industry”) entered into a Professional Services Agreement (“Original Agreement”) on December 18, 2017.
WHEREAS, the WRCOG and Siemens Industry amended and restated the Original Agreement on March 27, 2018, to include additional language ("Agreement").
WHEREAS, the WRCOG, Siemens Industry, and Member Agency executed Appendix #5 to the Agreement (“Original Appendix”) on December 9, 2019.
WHEREAS, the WRCOG and Siemens Industry entered into the First Am endment of the Agreement on November 22, 2019 to include the transfer and assignment of the Agreement from Siemens Industry to Siemens Mobility, Inc. (“SMI”) and a CPI increase.
WHEREAS, the WRCOG, Siemens Industry, and Member Agency entered into the First Amendment on December 9, 2019 to amend the Original Appendix to include a CPI increase and the transfer and assignment of Appendix #5 from Siemens Industry to SMI.
WHEREAS, by letter dated May 26, 2021, SMI informed the WRCOG of the transfer of its intelligent transportation systems unit to Yunex, and requested the WRCOG’s consent to the transfer of the Agreement to Yunex.
WHEREAS, the WRCOG and Yunex entered into the Second Amendment of the Agreement on ______________, 2022 to extend the term of the Agreement (“Second Amendment to Agreement”).
WHEREAS, the WRCOG,Yunex and Member Agency now wish to enter into this Second Amendment to incorporate extension of the Agreement, and extend the term of the Original Appendix.
TERMS
NOW, THEREFORE the parties enter into this Second Amendment to the Appendix:
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20323.00002\40676915.1
2 1. Term; Incorporation of Second Amendment to Agreement : The term of the Original Appendix, as previously amended, shall continue in effect to December 1, 2023, concurrent with the extension of the term of the Agreement pursuant to the Second Amendment to Agreement, the provisions of which are incorporated herein by reference.
2. Modification: No alteration or variation of the terms of this Second Amendment to the Appendix shall be valid unless made in writing and signed by the parties hereto.
3. Continuation of Existing Provisions: Except as amended by this Second Amendment to the Appendix, all provisions of the Original Appendix, as previously amended, shall remain in full force and effect and shall govern the actions of the parties under this Second Amendment.
[SIGNATURE PAGE TO FOLLOW]
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20323.00002\40676915.1
3 SIGNATURE PAGE TO
SECOND AMENDMENT TO
APPENDIX #5
Dated this ________of __________, 2022.
WRCOG
Yunex
By: _______________________________
Kurt Wilson, Executive Director
APPROVED AS TO FORM:
Best Best & Krieger LLP
By: _______________________________
General Counsel
By: _______________________________
Name:__________________________
Its:_____________________________
APPROVED AS TO FORM:
By: _______________________________
Name:__________________________
Its:_____________________________
Member Agency – City of Menifee
By: _______________________________
City Manager
ATTEST:
By:________________________________
City Clerk
APPROVED AS TO FORM:
By: _______________________________
City Attorney
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Appendix 5 – Menifee – Exhibit A
EXHIBIT “A”
SCOPE OF SERVICES
Siemens Intelligent Traffic System proposes the fol lowing scope of work for services related to the street lights located in the Western Riverside Council of Governments (WRCOG) subregion.
These services include the turnkey services related to installation of LED street lights and the ongoing operations and maintenance of the street light systems for member jurisdictions. These services are extended to the street lights currentl y owned by the member jurisdictions, those to be purchased from Southern California Edison and any additional assets that are installed within the contract period. Siemens extends this contrac t for 5 years for date of execution, with the option for additional extension if agreed upon by a ll parties. All services included in the Scope of Services will be billed per the rates outlined in Exhibit C.
Project Development
The Project Development phase includes several key elements that must take place for member jurisdictions to effectively acquire street lights from Southern California Edison (SCE), efficiently convert to LED technology and begin operating and maintaining the system.
1. SCE Coordination- Facilitate the “Cut-Over” Proc ess with SCE Siemens will assist WRCOG and member jurisdictions in communication and scheduling with Southern California Edison representatives during t he acquisition phase. Siemens will coordinate the development of an agreed upon schedule and geographic plan for the associated field work and cutover of assets from SCE to member jurisdictions. Specific scope includes:
Participation in SCE calls
Develop cut over schedule and work flow with SCE s ubcontractors Provide review of “fielding” data from SCE and ass ociated subcontractors Update Street light database to include new street lights previously not included in valuations and other associated data corrections/modification/additions. Track billing adjustments from SCE as street light s are acquired Support WRCOG and its member jurisdictions with th e Inventory, Inspection and Transition Activities as identified in the City’s P urchase and Sales Agreement (Agreement) with SCE
2. Street light pole tagging and field verification
Siemens will install street light pole tags during the installation of the LED street light fixture. The tags will either be furnished by WRCOG, member juri sdiction or by Siemens. The associated pole tags will be designed and approved with jurisd iction/regional street light numbering sequence by WRCOG and/or jurisdiction staff. Sieme ns will install pole tags and update the web based WRCOG database of information for each po le, referencing the associated pole number.
Siemens will verify street light asset attributes during the LED installation utilizing the web based WRCOG database. The information to be reaffirmed in the database upon conversion shall Item Title: 10.12
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Appendix 5 – Menifee – Exhibit A
include condition of asset, GPS coordinates for eac h asset, pole type, pole height, arm length, luminaire type, wattage, lamp type, voltage, genera l pole condition, service feed type: overhead or underground, city and SCE pole structure number (in the case the numbers are different) and description of point of demarcation between jurisdiction and SCE facilities.
3. Procurement Support- LED Material Selection and Design (optional) Siemens can provide support in the process of selec ting and procuring fixtures for the project and provide recommendations to the City for final a pproval. This service includes identifying material vendors, soliciting proposals from vendors and performing a detailed evaluation of material proposals submitted.
Fixture selection is typically based on a variety o f factors that ultimately will lead to identificati on of the best solution for the customer. Some of the factors considered are:
Fixture efficiency
Demonstrated durability
Material cost
Availability/production lead times
Design functionality
SCE rebate eligibility
Life-cycle cost
Concurrent with the evaluation of fixture alternati ves, Siemens can provide additional design support. This includes evaluating basic standard li ghting configurations which exist on various street types throughout a jurisdiction. This includ es reviewing current existing light levels, performing photometric analysis and recommended rep lacement fixture standards to apply throughout the conversion process. The process of ordering and staging replacement LED fixtures will be greatly aided by establishing thes e conventions. These services will be billed at a time and material basis per the labor rates outli ned in Exhibit C. In the event that Siemens provides procurement services, Siemens will waive the fees associated with this service.
Project Implementation
The implementation phase addresses the various task s needed to convert each newly acquired street light with a suitable LED fixture and proces s all data, billing and rebate applications.
Siemens will develop a City specific project plan w hich will include pre-construction meetings, staging of material, installation, and other acquisition and retrofit project milestones.
1. Procurement Support- LED Material Purchasing (op tional) Siemens can direct purchase associated material for the project as approved by the WRCOG and member jurisdiction. This procurement support e xtends to all associated materials, such as LED fixtures, photocells, pole tags, lighting contr ols, poles, mast arms and all other associated street light system components. Siemens can receive, warehouse and manage all material prior to installation and process all warranty informatio n with manufacturers as needed. Warranty Item Title: 10.12
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Appendix 5 – Menifee – Exhibit A
information will be retained by Siemens with approp riate copies provided to the member jurisdiction for future use.
2. LED Fixture Installation
Siemens will coordinate and complete all aspects of the conversion of HID fixtures to LED fixtures. This includes coordinating with WRCOG st aff regarding procurement, receiving materials at a jurisdiction facility during typical working hours, providing equipment and labor for the complete installation of LED fixture and associ ated materials and field update of WRCOG provided web based GIS database.
Prior to beginning conversion efforts, Siemens will coordinate all traffic control requirements with the member jurisdiction to gain approval for approv ed methods for various street configurations, including allowable working hours on arterials, in commercial areas and in residential neighborhoods. MUTCD standards will be adhered to.
Installation progress will be tracked on a daily ba sis by the project’s Siemens Field Supervisor and Project Manager, and a brief status report that includes project status and any current issues will be provided to WRCOG and the jurisdiction on a weekly basis.
3. House Side Shield Installation
Siemens will install manufacturer approved house-si de shields on LED street lights, as instructed by member jurisdiction. All requests for shields will be reviewed and approved by member jurisdiction staff prior to installation. Si emens can collaborate with member jurisdiction on specific strategies for implementing house side shields during the LED conversion. Siemens will install house-side shield on up to 10% of new LED street lights upon request, within the first year. Full cost of material and labor included in retrofit costs.
Siemens recommends that house side shields for LEDs be installed at sites where HPS fixtures currently have them. The like-for-like replacement can increase customer satisfaction and reduce the amount of visits to the same location.
4. HID Fixture Disposal
Siemens will be responsible for all fixture disposa l and recycling. Disposal of existing luminaries and any other discarded materials will follow all a pplicable California Recycle and Disposal Laws. Siemens will produce a recycling plan, to be approved by the member jurisdiction.
Following disposal, a manifest of disposal will be provided to the member jurisdiction, that specifies what was recycled, what was sent to the l andfill, and how hazardous material was disposed of. Siemens reserves the right to select disposal and recycling firms. This includes use of approved bins and locations for temporary holdin g locations of fixtures, etc. All disposal costs, fees, etc. are included in the retrofit costs.
5. Record Documents
Following the completion of the implementation phas e and City acceptance, Siemens will generate project close out documentation. This includes (but is not limited to) the following:
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Appendix 5 – Menifee – Exhibit A
Final Installation Data
A summary report of the LED installation database information updated throughout the installation. This is based on the WRCOG provided web based database. As-built documentation (as-needed)
As-built schedule of the project and a comparison of the actual installation vs. the scheduled baseline.
A summary of any scope changes that occurred
Siemens will prepare and submit the final rebate do cumentation to the utility. In addition, Siemens will verify that the billing rate change ha s been submitted and accepted, and that the utility bill is correct.
Once the rebate is secured, the billing is verified then a final project closeout report will be generated. This will consist of a complete invento ry database of the installed system with GIS locations and attributed of the LED street light system. Furthermore, this report will also include the final results of the rebate allocation, the ene rgy savings to date and the final estimated energy savings for future years, summarizing the final results of the project.
Maintenance Phase
This phase will begin once a member jurisdiction pa ys SCE for a group of assets. This will be done in phases to be determined by SCE, the City and Siemens.
The maintenance phase will transition from initial maintenance of the existing poles with HID fixtures to maintenance of existing poles with new LED fixtures as the project progresses.
Siemens will provide maintenance services for all f ixtures acquired by the City from SCE and provide a monthly bill prorating the fixtures acqui red throughout the previous month, by technology and fixture type.
General Maintenance will consist of all operations and repairs starting at the pull box or bottom of street light pole where the fuse holder or secon dary power source necessary to keep all street lights operations, and associated wiring within the street light circuit.
1. Customer Service
Siemens will develop and implement a customer servi ce portal for each member jurisdiction to effectively manage all incoming street light inquir ies from public and from the member jurisdiction. General customer services include:
24/7 telephone and web based reporting service
Web portal access for member jurisdiction and desi gnated representatives Quarterly reporting/summaries of customer inquiry activity Customer service feedback survey
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Appendix 5 – Menifee – Exhibit A
2. Routine Street light Maintenance Duties
A base monthly fee is established for maintenance of the street light system on a per month, per light basis. Siemens will respond to standard maint enance calls within 5 working days. The fee will reflect the total number of lights being serve d along with and adjustments for special fixtures/poles.
Routine Maintenance tasks include but are not limited to:
RMA of LED Fixture (Shipping and handling)
Warranty management of defective LEDs
Traffic Control
General Cleaning During Call Out
Outage Nights Checks
Photocell Replacement
Fuse Replacement
Fuse Holders Replacement
Hand Hole Covers (up to 0.05% of stock, annually)
False Calls
The fee is expected to be all inclusive, with the s ole exceptions being those items identified in the extraordinary maintenance section. Annual services include:
System problem assessment/diagnostics
Repair and replacement of damaged/inoperable fixtu re material o For HID fixtures this can include repair or replac ement of constituent parts. Such as lamps, ballasts, starters, reflectors, diffusers, etc. o For LED fixtures this can include repair or replac ement of constituent parts. Such as drivers, lenses, and LED arrays. Typically LED f ixtures will be covered under warranty and will be processed accordingly.
Photocell repair and maintenance
Hand hole cover replacement of standard hand hole covers. Limited to 0.05% of stock annually.
Coordination with 3
rd party attachment licensees
Quarterly review of system operation (night check)
General cleaning of fixture during maintenance cal l out Customer service portal operations
LED fixture warranty processing
3. Extraordinary Street light Maintenance Duties
Siemens recognizes that there will be situations th at can and will occur during the maintenance phase of the project that are best addressed indivi dually based on the actual occurrence and not covered under a monthly fixture price. Items s uch as accidents resulting in the street lights being damaged and replaced or the need for speciali zed shielding devices are expected to Item Title: 10.12
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Appendix 5 – Menifee – Exhibit A
occur, though the frequency may vary considerably. These items are being defined as extraordinary maintenance and not included in the b ase monthly fee for standard maintenance.
The following items have specifically been identified as extraordinary maintenance:
24/7 emergency response and securing field locatio n for basic public safety. This would typically include pushing pole out of the right-of- way or from private property, taping off the area of the debris, capping/taping live wires, checking street light circuit and documenting all work activities for insurance purposes. Pole knockdown repair. Services can include:
o removal of all associated spoils and debris from o riginal installation o installation of new street light pole and associat ed system components o installation of associated foundation
o Adjacent concrete repair/cap replacement
House side shield installation (if occurs after ye ar one) Overhead wiring replacement
Pole graffiti abatement
Pole painting
USA Dig Alert services
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Appendix 5 – Menifee – Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
Streetlight Timeline
Acquisition
Process
SCE sends
to CPUC
CPUC
approval
date
Est.
Financial
Closing
SCE
Transition
Start
Phase 1
Transition
(retrofit
start)
Phase 2 (if
needed)
Phase 3 (if
needed)
Phase 4 (if
needed)
Retrofit, O&M, LED fixture, and
financing GOALS
Retrofit, O&M
service selection
GOAL
Finance Closing
and LED
selection GOAL
LED fixture delivery date GOAL
Menifee
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Appendix 5 – Menifee – Exhibit C
E
XHIBIT “C”
COMPENSATION
BILLING RATES
Item Description Unit Cost
Project Development
1 Street light
pole ID tag
This includes the labor for installation of a unique
pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. The pole tags will be installed at the same
time as the LED fixture conversion.
$10.00/pole
Project Implementation
2 LED
replacement
Cobra head
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new
LED fixture. Includes update of WRCOG database
with model number installed and installation date.
This also included the cost for disposal of HID
materials.
$57.00/
Each
3 LED
replacement
Decorative
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED
fixture. Includes update of database with model
number installed and installation date. The cost per
pole shall not include the cost of the actual fixture.
$114.00/
Each
4 House side
shield
installation
As Separate
call
This includes the costs for installation only of new
house side shields including labor, equipment (trucks,
tools, etc.) and incidental materials needed for the
installation. Includes update of database. The cost
does not include the cost of the shield itself.
$64.00/
Each
Routine Maintenance- Pre-LED Conversion
5 HPS Fixture
Maintenance –
Cobra (labor,
materials,
equipment)
This includes the monthly costs for maintenance of
all HPS cobra head fixtures during the period from
acquisition of poles through retrofit with new LED
fixture. Costs include all labor, materials and
equipment needed to keep the existing fixtures
functioning properly until the new LED fixtures are
installed. This includes all anticipated costs for repairs and maintenance during that time including bulb
$1.55/
each/month
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replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory.
6 HPS Fixture
Maintenance –
Post Top Acorn
(labor,
materials,
equipment)
This includes the monthly costs for maintenance of
all HPS post top fixtures during the period from
acquisition of poles through retrofit with new LED
fixture. Costs include all labor, materials and
equipment needed to keep the existing fixtures
functioning properly until the new LED fixtures are
installed. This includes all anticipated costs for repairs and maintenance during that time including bulb
replacements, ballast replacements, field calls etc. as assumed and prorated across the HPS inventory.
$3.50/
each/month
7 HPS House
side shield
installation
(labor,
materials,
equipment)
This includes the cost for each HPS house side shield
installation that may be requested during the pre-
retrofit stage. Costs include all labor, equipment and
materials including the cost of the shield. These
would be billed on an individual basis (not monthly or
per pole being maintained).
$64.00/
Each
Maintenance- Post LED Conversion
8 LED Fixture
Maintenance
Cobra head
This includes the cost for all regular maintenance and
associated tasks to maintain the cobrahead fixtures in
the street light system. Detailed scope is included in
the Part 1. Scope of Work document above.
$0.65/
each/month
9 LED Fixture
Maintenance
Decorative
This includes the cost for all regular maintenance and
associated tasks to maintain the post top fixtures in
the street light system. Detailed scope is included in
the Part 1. Scope of Work document above.
$2.00/
each/month
10 LED
Replacement
Cobra head
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing cobra head fixtures with a new
LED fixture. Includes update of WRCOG database
with model number installed and installation date.
This also included the cost for disposal of HID
materials.
$57.00/
Each
11 LED
Replacement
Decorative
This includes the costs for labor, equipment (trucks,
lifts, tools, traffic control, etc.) and materials needed to replace existing post top fixtures with a new LED
fixture. Includes update of database with model
number installed and installation date. The cost per
pole shall not include the cost of the actual fixture.
$114.00/
Each
12 House side
shield
This includes the costs associated with the
installation of a house side shield on a LED fixture
$64.00/
Each
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Appendix 5 – Menifee – Exhibit C
installation excluding the cost of the actual shield. The costs should include labor, equipment, tools and incidental
materials needed to complete a standard installation.
This assumes a standard cobra head style fixture and
a factory standard shield available for purchase (does
not include custom installations and decorative
fixtures).
Extraordinary Maintenance
(Reference pricing only- this scope will be quoted on time and material basis) 13 Knockdown
pole
replacement
No foundation
This includes the costs associated with the
replacement of an entire street light pole, luminaire
arm, fixture and wiring typically associated with a
street light knockdown that does not require
replacement of the foundation. This is based on the
following assumptions: a 30 foot, marbelite pole with
a standard 150 watt equivalent LED cobra head
fixture.
The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.
These repairs will not be completed as part of an
initial emergency response. Costs are based on a
single replacement with work completed during
normal work hours scheduled within the requested
repair interval.
$4,600.00/
Each
Item Title: 10.12
Agreement Amendment to the Amended and Restated Western Riverside Council of Governments Professional Services Agreement
Item Page Number: 36
Menifee Mayor and City Council
November 2, 2022
Page
291 of 675
Appendix 5 – Menifee – Exhibit C
14 Knockdown
pole
replacement
with
foundation
This includes the costs associated with the
replacement of an entire street light pole, luminaire
arm, fixture and wiring typically associated with a
street light knockdown that does require
replacement of the foundation. This is based on the
following assumptions: a 30 foot, marbelite pole with
a standard 150 watt equivalent LED cobra head
fixture.
The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.
These repairs will not be completed as part of an
initial emergency response. Costs are based on a
single replacement with work completed during
normal work hours scheduled within the requested
repair interval.
$6,925.00/
Each
15 Pull box lid
replacement
This includes the cost of labor, materials and
equipment to purchase, supply and replace a pull box
lid with a fiberlyte lid due to damage or missing lid.
$165.00/
Each
16 Pole graffiti
abatement
This includes the estimated cost per pole to remove
or cover reported graffiti. Costs include labor,
equipment and materials needed to complete each
individual abatement assuming time required to
abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.
$65.00/
Each
17 Overhead
wiring
replacement
Total cost to repair or replace damaged overhead
wiring. Cost provided per foot of wire being replaced.
Costs include labor, equipment and materials to
complete the repair during normal working hours.
The City understands that there will be considerable
variation in costs for these repairs under the contract and anticipates work being authorized individually
through a quote process.
$15/foot, or
lump sum
as quoted
18 Pole painting
This includes the costs on a per occurrence (per pole)
basis for all labor, equipment and materials needed
to prep and paint a standard metal street light pole
(assume 30 foot). It is assumed that a minimum of 5
$479.00/
Each
Item Title: 10.12
Agreement Amendment to the Amended and Restated Western Riverside Council of Governments Professional Services Agreement
Item Page Number: 37
Menifee Mayor and City Council
November 2, 2022
Page
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Appendix 5 – Menifee – Exhibit C
poles and a maximum of 20 poles would be
scheduled for painting as a group.
19 USA Dig Alert
Siemens typically prices this service out on a per
occurrence basis. This includes the following:
Siemens technician identifies the point of
demarcation on site using field equipment. This is
typically limited to approximately 100-150 linear ft
per call out.
$225.00/
Each
Siemens will evaluate maintenance contract values annually and discuss any needed adjustments with member jurisdictions. Siemens typically utilizes the US Consumer Price Index to calculate annual escalations.
Schedule of Values- Time and Material Rates
1. Labor Regular Time* Overtime* Premium Time*
Maintenance
Superintendent $105.00 $135.00 $160.00
Foreman $105.00 $135.00 $160.00
Electrician $98.00 $125.00 $145.00
Laborer $85.00 $115.00 $135.00
Energy Engineer $180.00 N/A N/A
2. Equipment Rate per Hour
Bucket Truck $28.00
Service Truck $25.00
3. Material Mark up (from actual invoice cost)
Street light LED Retrofit Installation
Materials 15%
Street light Maintenance Materials 15%
* Work hours are as follows:
o Regular Hours – 7:30am to 4:00pm Monday Thru Friday except Holidays o Overtime
1. Monday thru Friday after 4:00pm (for the first four hours)
2. Saturday for the first 12 hours worked
o Premium Time
1. Monday thru Saturday After 12 working hours
2. Sunday & Holidays all day (24 hours)
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Release of Security for Tract Map 28789, Primrose, by Pinehurst, LLC
MEETING DATE: November 2, 2022
TO: Mayor and City Council
PREPARED BY: Chris Heron, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, and survey monuments for Tract Map 28789, Primrose by Pinehurst, LLC, located east of Evans Road and north of La Piedra Road; and
2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.
DISCUSSION
Pinehurst, LLC (“Pinehurst”) is the developer of Primrose, Tract Map (“TM”) 28789, a residential housing tract consisting of 9.313 gross acres of land subdivided into 46 lots for residential use.
TM 28789 is located east of Evans Road and north of La Piedra Road as depicted in the attached project map. As part of the development requirements, Pinehurst constructed streets and drainage improvements.
Pinehurst has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, has determined that the improvements have been constructed in accordance with City specifications and standards, and has verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 and Table 2 on the following page.
Item Title: 10.13
Acceptance of Public Improvements and Release of Security for Tract Map 28789, Primrose, by Pinehurst, LLC Item Page Number: 1
Menifee Mayor and City Council
November 2, 2022
Page
354 of 675
City of Menifee Staff Report
Public Improvements TM 28789
November 2, 2022