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funding to allocate towards a recommendation to purchase the land. Not to be deterred, City staff began to seek opportunities for outside grant funding.
The California Natural Resources Agency (CNRA) issued a solicitation for project proposals for the Urban Greening Program in January 2022 and City staff identified a park in Sun City as the optimal project to apply for grant funds for the acquisition of the land adjacent to the Faith Lutheran Church of Sun City. With the grant focusing on reducing greenhouse gas emissions while enhancing underserved communities, the Sun City Park project certainly met the criteria for the grant program. As an age restricted retirement community, Sun City was identified as a disadvantaged community with low-median income and a lack of accessibility to parkland within walking distance of the community. With many of the homes in Sun City lacking greenspace due to the prevalence of easier to maintain zero-scape and drought tolerant landscaping, the addition of a park with an abundance of plants and trees would create an area that reduces the heat island effect of the suburban neighborhood.
With the assistance of the Faith Lutheran Church of Sun City as the “willing seller”, the City submitted an Urban Greening Grant application in the amount of $524,700 for the acquisition of land for the Sun City Park in March 2022. In August 2022, the City was notified by CNRA that the Sun City Park project was selected to move forward in the next phase of the selection process.
Phase 2 would require an onsite visit and a presentation providing an overview of the project by City staff.
The site visit occurred on November 17, 2022 and involved City staff as well as representatives from the Senior Advisory Committee; Parks, Recreation, and Trails Commission; Faith Lutheran Church of Sun City; and CNRA. Aside from reviewing the proposed project of Sun City Park, CNRA staff informed City staff of the potential next steps for Phase 3, should the City be successful in this highly competitive process. With a tentative notification date of December 2022, it was recommended that the required resolution be brought forward for City Council consideration as soon as possible given the requirement to provide an approved resolution within 30 days of notification.
Although City staff is still awaiting notification of the grant application status, both Faith Lutheran Church of Sun City and City staff are hopeful for full or partial funding towards the land acquisition required to develop Sun City Park.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. However, should the City be successful in the grant application process, the potential maximum funding is $524,700 and would be presented to City Council for formal acceptance. Additionally, the City has already invested $5,500 towards this project for the appraisal services completed.
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Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 2
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City of Menifee Staff Report
Resolution for Urban Greening Program
December 7, 2022
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ATTACHMENTS
1. Resolution
2. Grant Application
3. Location Map & Conceptual Design
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Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 3
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RESOLUTION NO. 22-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE APPROVING THE APPLICATION FOR GRANT FUNDS
FOR URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project
NOW, THEREFORE, BE IT RESOLVED that the City Council of Menifee:
1. Approves the filing of an application for the (name of the project); and
2. Certifies that applicant understands the assurances and certification in the application; and
3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and
4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and
5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and
6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and
7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
Item Title: 10.6
Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 4
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City of Menifee Resolution No. 22-___
Urban Greening Program
December 7, 2022
-2-
PASSED, APPROVED AND ADOPTED this 7th day of December, 2022. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Kay Vinson, Acting City Clerk
Approved as to form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 5
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Print Application
RFP Title: General Fund Urban Greening Grant Program - 2022 Project Title: Sun City Park Estimated Date of Completion: 06/30/2023 Funds Requested($): 524,700.00
Other Sources of Funds($): 5,500.00
Total Budget($): 530,200.00
Applicant Organization: City of Menifee
Applicant Address: 29844 Haun Road , Menifee , CA -
92586
Federal Tax ID: 943439857
County: Riverside City/Town: Menifee
Project
Address: 28200 Portsmouth Drive
Senate District 23
Assembly District 67
US Congressional District 42
Project Description:
The City of Menifee seeks to acquisition land in the underserved Sun City area that is predominately fixed/low income seniors, to develop a passive pocket park where limited green space or recreational amenities exist. The Sun City community in Menifee is an age restricted retirement community in a disadvantaged area where the nearest park/open space is over 1.5 miles away.
Latitude: 33.711500000
Longitude: -117.211900000 Cordinates Represent: Land
Coordinates Determined Using: APN: 339-072-013
Project Director (Applicant's Representative Authorized in Resolution) (Signature required at bottom of this page) Name: Armando - Villa Title: Project Director: Authorized Representative Phone: 951-972-6777 Email: [email protected]
Project Manager - Person with day to day responsibility for project (if different from authorized representative) Name: Mariana - Mitchell Title: Project Manager: Day to day contact Phone: 951-723-3882 Email: [email protected]
I certify that the information contained in this project application, including required attachments, is complete and accurate Signed: ____________________________________________________________ Applicant's Authorized Representative as shown in Resolution Date: _________________
Print Name: ____________________________________________________________ Title: _________________ Application Overview
RFP Title: General Fund Urban Greening Grant Program - 2022 Submitting Organization: City of Menifee
Submitting Organization
Division:
Community Services Department
Project Title: Sun City Park
Project Description: The City of Menifee seeks to acquisition land in the underserved Sun City area that is predominately fixed/low income seniors, to develop a passive pocket park where limited green space or recreational amenities exist. The Sun City community in Menifee is an age restricted retirement community in a disadvantaged area where the nearest park/open space is over 1.5 miles away.
APPLICANT DETAILS
Applicant Organization: City of Menifee
Applicant Organization
Division:
Community Services Department
Applicant Address: 29844 Haun Road , Menifee , CA - 92586
PROJECT LOCATION
Latitude : 33.711500000
Longitude: -117.211900000
Watershed: Santa Margarita River
County: Riverside
Estimated Date of Completion: 06/30/2023
Project Address (or nearest
cross street):
28200 Portsmouth Drive
Nearest City/Town: Menifee
Cordinates Represent: Land
Coordinates Determined Using: APN: 339-072-013
PROJECT BUDGET
Funds Requested($): 524,700.00
Other Sources of Funds($): 5,500.00
Total Budget($): 530,200.00
Funding Program Applied
Greenhouse Gas Reduction Fund (GGRF) No
Armando G. Villa
3/28/2022
City Manager
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Submitter Name:
Submitter Phone:
Submitter Fax:
Submitter Email:
Name:
Division:
Address:
Federal Tax ID:
Applicant Information
City of Menifee
Community Services Department
29844 Haun Road Menifee, CA , 92586
943439857
Specified General Fund Yes
Project Management Role Title First Name Last Name Phone Fax Email Project Director: Authorized RepresentativeCity ManagerArmando Villa 951-972-6777 [email protected] Project Manager: Day to day contactCommunityServices ManagerMariana Mitchell 951-723-3882 [email protected] Person Submitting Information
Mariana Mitchell
951-723-3882
[email protected]
Legislative Information Primary Additional District(s)
Senate District 23
Assembly District 67
US Congressional District 42
Contacts Name Phone Email
City of Menifee, Community Services DepartmentMariana Mitchell 951-723-3882 [email protected] City of Menifee, Community Services DepartmentJonathan Nicks 951-723-3880 [email protected] Cooperating Entities Role Name Phone Email
Faith Lutheran Church of Sun City Landowner - Willing SellerJohn Barton [email protected] Pre Submission Attachment Title Phase Submission PeriodDate & Time
1.01 Proposal Form Signature Page PHASE1 PRE SUBMISSION3/28/2022 9:00:03 AM
1.02 Photographs PHASE1 PRE SUBMISSION3/28/2022 12:42:46 AM
1.03 Cost Estimate PHASE1 PRE SUBMISSION3/28/2022 11:28:21 AM
1.04 Community Engagement PHASE1 PRE SUBMISSION3/28/2022 11:24:08 AM
1.05 Assessor's Parcel Map PHASE1 PRE SUBMISSION3/28/2022 12:30:25 AM
1.06 Site Plan PHASE1 PRE SUBMISSION3/28/2022 11:14:45 AM
1.07 Evidence of Willing Seller PHASE1 PRE SUBMISSION3/28/2022 12:16:58 AM Download all Pre Submission Attachments
Post Submission Attachment Title Phase Date & Time Attached No Post Submission Attachments Available to Display
Questionnaire - Phase1
STEP 1: PROJECT PROPOSALProject Summary Describe the discrete project, including expected project deliverables. Include a brief description of current site conditions and extent of public access for the proposed project, ifapplicable. Summaries are limited to 3,000 characters.
Answer:Faith Lutheran Church of Sun City was established in the early 1960's with their home church built on 2.15 acres of the 4.02 acre property located at 28200 PortsmouthDrive, Menifee, CA 92586 in 1969. Having served the Sun City community in Menifee, Faith Lutheran has sought ways to utilize the unimproved 1.87 acres of openspace remaining on their property to the benefit of the community. Sun City is an age restricted community for active adults 55 years and older. Because many residentsof this community built in the 1960's are retirees living on fixed incomes, additional amenities like parkland and green spaces have often been overlooked due to theabsence of youth.
Faith Lutheran approached the City of Menifee, Community Services Department as a potential partner to develop the open space on their property as a neighborhoodpark with age appropriate amenities such as a walking trail, exercise equipment, and shaded seating areas for the public to enjoy. Faith Lutheran is a willing seller of the1.87 acres of unused property to the City and they are also willing to establish and easement of the existing parking lot to support the public use of the proposed pocketpark.
Project Questions
Applicants must answer the following questions, as applicable. If a question does not apply to the project, indicate "Not Applicable" with a brief explanation. Do not leave blankfields. Answers are limited to 3,000 characters each.
Statutory and Program Requirements
All applicants must meet certain requirements as specified in statute. Each applicant must answer the questions below, as applicable. 1 Explain how the project meets the statutory criteria of 1) acquiring, creating, enhancing, or expanding community parks and green spaces, and/or 2) using natural systems, orsystems that mimic natural systems.
Answer:The acquisition of the unimproved 1.87 acres of open space will allow the City to develop a new pocket park in a community where the nearest park space is over 1.5miles away. This community has also been identified as a disadvantaged community comprised of the often overlooked senior population living on fixed incomes in theSun City retirement community. This new park would create accessible greenspaces for all ages and abilities. 2 Explain how the proposed project will result in a net GHG benefit.
Answer:The acquisition of the land to develop a pocket park will add to the green space in the neighborhood desperately in need of it. The Sun City community was designedwith the senior residents in mind – most houses have xero-scape or low maintenance, drought tolerant landscape to reduce the amount of work needed to upkeep theproperty as well as reduce the cost of water for the senior resident living on a fixed/low income. Also, with the development being age restricted, most of the communityamenities are centered at the Homeowner's Association building that has multiple meeting rooms, an outdoor amphitheater, and a golf course. However, over the years,many of these amenities have lacked the proper care due to the rising costs of maintenance exceeding the HOA fees collected leaving resulting in a lack of open greenspace for recreational activities.
All of these components together has created an urban heat island in a community highly susceptible to heat illness. Creating a park in this community would not onlyprovide some much needed green space, but also counteract the heat island effect through the planting of trees and plants in what was once just a barren lot. Also,creating an accessible recreation amenity within the community would encourage neighborhood residents to walk to the park for daily activities and exercise instead ofhaving to drive outside of the neighborhood to the nearest park space, thus reducing greenhouse emissions. According to the National Recreation and Park Association,"urban tree canopy parks along city streets, is estimated to remove 711,000 metric tons of air pollution annually and sequester more than 90 million metric tons ofcarbon." Item Title: 10.6
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3 Explain how the project provides multiple benefits. These could include, but are not limited to, reduced air pollution, water pollution, consumption of natural resources, orconsumption of energy.
Answer:As outlined in the previous sections, the acquisition of the unused, unimproved 1.87 acres of land for the development of a neighborhood park will benefit the communitythrough the reduction of greenhouse gas through the expansion of tree canopies and the availability of the recreational amenities to the community within walkingdistance, as well as adding value to the community where recreational amenities are already limited. The design of the park will integrate lighted pathways using solarenergy to reduce the need for electricity thus reducing the overall consumption of energy. 4 Select only two of the project examples (a-j) from the list below and answer the corresponding questions. Provide a qualitative description of the project as well as any quantitativeinformation on this topic. a. Greening of existing public land and structures, including schools b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools d. Tree Canopy
e. Neighborhood, city, regional, or county parks and open space f. Wetlands
g. Urban heat island mitigation and energy conservancy efforts through greening, including green roofs h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change j. Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities fordisadvantaged communities Answer:l d. Tree Canopy e. Parks & Open Space
a Greening of existing public land and structures, including schools a.1Describe the current environmental condition and use of the project site.
Answer:Not Applicable
a.2How will the proposed project contribute to the economic, social, and/or recreational life of the community? Answer:Not Applicable
b Green Streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees b.1How will the project convert the property into a green street or alley? Answer:Not Applicable
b.2How will the project reduce vehicle miles traveled?
Answer:Not Applicable
c Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools c.1Describe how the trail increases connectivity of the active transportation network such as filling gaps or otherwise completing routes in a bike or trail plan or a low-street bikewaynetwork.
Answer:Not Applicable
c.2Identify the intended users of the trail.
Answer:Not Applicable
c.3Describe how the trail connects to or between parks, open space, or green infrastructure.
Answer:Not Applicable
d Tree Canopy
d.1What species of trees and plants will be used? If proposing non-native species, explain the rationale for the selection.
Answer:Trees to be used in the development of the park:
1) Quercus argrifolia, Coast Live Oak – This is a perfect native medium sized tree that will provide shade year around due to it being an evergreen. The site itself alreadyhas oaks trees on it. 2) Callistemon citrinus, Bottle Brush tree - Although this tree is native to Australia, it is hardy enough in our climate and also produce flowers which are visited by severalbirds, wasps, bees, butterflies and ants. 3)Chilopsis linearis, Dessert Willow – Even though this is not an evergreen tree, it is native to southwest U.S. and northern Mexico. It blooms from spring to fall bringingall sorts of species.
Plants to be used in the development of the park:
1) Westringia – A plant with low watering needs once established with small purple flowers, may not be native to our climate but once again native to Australia withsimilar climates. 2) Leucophyllum Frutescens, Texas Ranger – All though native to the state of Texas it does great in our climate and once established uses low water. 3) Salvia apiana, California White Sage – A native plant that is a great pollinator 4) Iceberg Roses – Flowering 9 months out of the year in our climate make this rose a wonderful pollinator. 5) Hetermoles – A drought tolerant shrub with large green leaves and beautiful small blooms. 6) Texas Yucca – Brings lots of pollinators including hummingbirds and other species. d.2What are the environmental benefits of the species selected? Answer:The benefits for these species of trees and plants is once established they are very water friendly. The trees will grow large enough to shade walkways, help produceoxygen and increase the quality of life by bringing natural elements and wildlife habitats into or urban settings. The plants selected are all selected because of the insectsand wildlife that create their homes and help pollinate other plants that are needed to thrive.
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d.3What consideration, if any, was given to pollen production in the project plant palette? Answer:All the plant material chosen was considered because of the pollen production. This park will be an amenity for people to be active and what better way to promotehealth then with plants. d.4How was the initial size selected for the planting area considered to ensure the best chance for survival and growth? Trees must not be larger than 15-gallon.
Answer:One of the most common tree sizes installed is a 15 gallon. This size balances the desire for a tree that may be 6-12' in height, depending on species, and will help withbudget considerations. e Neighborhood, city, regional, or county parks and open space e.1How many acres of green space/park will be created or enhanced? Answer:This project will increase the green space/parkland owned and maintained by the City by adding 1.87 acres of parkland to a neighborhood that currently has 0 acres per1,000 residents within a 1 mile radius. e.2Describe any limits such as parking, hours of operation, available staffing, user fees, seasonal restrictions, or other ecological considerations.
Answer:There are no limits to the parking as the property purchase will include an easement for the shared use of the existing parking of the Faith Lutheran Church. As for hoursof operation, in accordance with the City's Municipal Code, this park will be open from 30 minutes before sunrise and 30 minutes after sunset. As this is a passive park,on-site staff will not be required but regular park maintenance will be included into the regular City maintenance schedule. f Wetlands
f.1Describe how the project will protect, restore, enhance, or preserve wetlands using either common or scientific names to identify elements.
Answer:Not Applicable
f.2If the project includes restoration or re-establishment of wetlands, explain plans to employ habitat management strategies designed to reduce mosquito production (e.g., CentralValley Joint Ventures Technical Guide to Best Practices at: LINK FOUND HERE.).
Answer:Not Applicable
g Urban heat island mitigation and energy conservancy efforts through greening, including green roofs g.1Describe what energy saving measures will be incorporated into the project. Energy saving measures may include, but are not limited to, constructing green roofs, planting treesto shade buildings, walkways and spaces, and converting asphalt to native plants and/or turf, or other permeable surfaces.
Answer:Not Applicable
g.2Explain how the project will reduce GHG emissions by reducing energy demand and promoting resource efficiencies.
Answer:Not Applicable
h Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers h.1Describe generally the type of stormwater facilities in the proposal (e.g., rain gardens, planters, bioswales, green roof, etc.) Answer:Not Applicable
h.2How will the project be designed to reduce mosquito and methane production? (See: Central Valley Joint Ventures Technical Guide to Best Practices at: LINK FOUND HERE.).
Answer:Not Applicable
h.3What is the estimated volume of stormwater captured and treated? Explain your methodology.
Answer:Not Applicable
i Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change i.1How will the project specifically increase resilience to climate change? Answer:Not Applicable
i.2What approach was used to determine said benefits?
Answer:Not Applicable
i.3Identify the climate action plan applicable to the project.
Answer:Not Applicable
j Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting and job opportunities fordisadvantaged communities j.1How will the project maximize access to workforce education, training, and quality jobs to residents of disadvantaged communities and individuals with barriers to employment? Answer:Not Applicable
j.2How will the project ensure supplier diversity and procure goods from local businesses, businesses located in disadvantaged communities, or minority or women-ownedbusinesses? Answer:Not Applicable
j.3How will the project use state or local youth employment programs (e.g., California Conservation Corps, local conservation corps or similar youth employment programs) and howwill youth employment elements be integrated into the program? Answer:Not Applicable
j.4Using the list below, indicate which of the following apply to the project and explain how the selected benefits will be achieved. Improved mental health (e.g., social networking, overall well-being) Increased physical activity (e.g., effects on obesity, diabetes, heart disease, etc.) Reduced risk of skin cancers Increased access to locally grown/sustainable food sources Increased access to natural environments, parks, open space, etc. Other co-benefits to public health (examples include reducing urban heat island effects, increasing safe active transportation - e.g., pedestrian walking and bicycling, andserving an area of high-density population) Answer:Not Applicable
Statutory and Program Priorities
Each applicant must answer the questions below, as applicable. 5 Describe how the project will accomplish two of the following: a. Provides park or recreational benefits to a critically underserved community or disadvantaged community b. Proposed by a critically underserved community or disadvantaged community c. Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to workforce Item Title: 10.6
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education and trainingd. Uses interagency cooperation and integratione. Uses existing public lands and facilitates the use of public resources and investments, including schools.
Answer:a. Provides park or recreational benefits to a critically underserved community or disadvantaged community The acquisition of the land that will be developed into the Sun City Park will provide accessibility to recreation amenities to a community identified as underserved in thatthere are no parks within a 1.5 mile radius of the site location and that the residential community is comprised of active adults 55 year and older who live on a fixedincome and have been identified as a disadvantaged community. b. Proposed by critically underserved community or disadvantaged community The project was initially identified by the Faith Lutheran Church of Sun City as means to utilize the unused land on their property to the benefit of the community. Arequest for a park in the Sun City community was also brought forward by the Senior Advisory Committee, which is comprised of senior community members appointedby City Council to provide feedback on senior related issues and concerns. As the senior community is universally recognized as disadvantages community due to theirlimited/fixed income, a park in the Sun City community is a recognized need by the community. 6 Discuss any demographic, social, and/or cultural issues that are important to the local community and that will influence design, implementation, and maintenance of the project.
Answer:The Sun City Park is intended to be a passive park with accessible amenities including a quarter mile walking trail, age appropriate exercise equipment, and shadedseating areas that would be appropriate for the 55 years and older community to enjoy. As the City has grown away from the initial development of Sun City as a seniorretirement community, the demographics have shifted to young families moving into newer housing developments away from the core of the City. Because of this, manyof the City's new developments have included additional park amenities for families, such as playgrounds and sports fields. Many of the City's new parks have alsoinclude walking trails and exercise equipment, however, most of these parks are not within the vicinity of the Sun City community. The addition of a park in Sun Citywould address a need in an underserved and disadvantaged community. 7 Has the project been identified as a priority by the local jurisdiction. If so, please discuss.
Answer:The project has been identified as a priority by the Senior Advisory Committee and by Menifee's City Council during the most recent update of the Strategic VisioningPlan at the City Council meeting that took place at the February 16, 2022 Special Meeting. It has been recognized that the senior community of Sun City has beenoverlooked in the continued growth and development taking place in the growing City of Menifee.
Additionally, the Sun City Park project has been identified in the Parks, Open Space, Trails and Recreation Master Plan which was adopted in 2016, as a potential futurepark site in an underserved community. 8 If identified as a priority, describe efforts by the local jurisdiction to provide resources for project implementation. If resources are unavailable, please explain.
Answer:The City of Menifee has heard from the community and appointed/elected officials regarding the need to develop a park in the Sun City community. Because of this, theCommunity Services Department has identified funds available in the Development Impact Fee Funds dedicated to Park Development and Local Park (Quimby) Fundsthat can assist with bringing this project to full completion. However, the current land value and inflated marketplace created an unexpected rise in the cost of acquisition.As it stands, the City has the funds available to develop the parkland, but cannot currently pay fair market value for the land acquisition. 9 How does the project incorporate participation of local agencies, businesses, nonprofits, non-governmental organizations and citizens' groups in project planning, design, orimplementation?
Answer:The Sun City Park project would require input from the following appointed/elected bodies: the Senior Advisory Committee, the Parks, Recreation and TrailsCommission, and City Council. Also, input from the willing seller, Faith Lutheran Church of Sun City, and the current HOA, Sun City Civic Association, would also berequired when it comes to the design and implementation of the project. Additionally, Menifee's Community Service Department will be undergoing the process ofupdated the Parks, Open Space, Trails, and Recreation Master Plan that will heavily involve community engagement for the discussion of current and future parkprojects throughout the City. 10Identify how the project will expand acreage and/or access to open space in the critically underserved or disadvantaged community? Answer:The Sun City Park project will add 1.87 acres of parkland to a community that currently has zero acres of parkland within a one mile radius. Sun City is an age restrictedcommunity within the City of Menifee comprised of a 55 years and older retirement community. As the majority of seniors are living on fixed/low income, this area hasbeen identified as a Disadvantage Community with the median annual income being between $42,737 and $56,981. 11 Does the proposed project affect California Native American tribes? Answer:No, this project does not affect California Native American tribes. However, as a part of the environmental impact study need to develop the park, City staff will consultwith local tribes to ensure compliance. 12If the project affects California Native American tribal communities, describe the past, present, and future meaningful outreach and collaboration efforts with the local tribes.
Answer:The City of Menifee has always consulted with California Native American tribal communities as a part of the environmental study process for any new developmentand/or project. For example, the most recent project of the construction of a new pump track and bike trails on an unimproved parcel of land despite very little excavatingtaking place, City staff consulted with the nearby Soboba Band of Luiseno Indians to ensure the proper steps were taking place.
Disadvantaged Communities
For the purposes of this section, points will be awarded to projects in which one or both of the disadvantaged community criterion are met. 13Identify where the project will be located in relation to the disadvantaged census tract by providing geographical location information. (See Appendix E in the guidelines for thedisadvantaged community criteria).
Answer:The Faith Lutheran Church of Sun City is located at 28200 Portsmouth Drive, Menifee, CA 92586 (APN: 339-072-013, Coordinates: 33.7115, -117.2119) which is inCensus Tract 427.09 which has been identified as a Disadvantaged Community with annual median income of $44,115 according to DAC Mapping Tool. Additionally,according to the Community Fact Finder Report, it is clear that there are no parks within a half mile radius of the location. 14Describe how the applicant or partnering community-based organizations made efforts to meet with and involve disadvantaged community residents about the project prior to theproposal deadline.
Answer:Faith Lutheran Church of Sun City had engaged their congregation in the Summer of 2021 to discuss the open space adjacent to the church building and parking lot.During these month long discussions both in small groups and larger congregate settings, it was clear that the vast majority of patrons and neighbors wanted to see theland become something that would benefit the entire community. Thus the idea of a pocket park to add green space and an opportunity for passive recreational activitiesto take place was decided upon as the direction for the land.
In August of 2021, Faith Lutheran formally approached the City of Menifee, Community Services Department to explore a partnership in developing a pocket park. Sincethe inception of the Community Services Department in 2015, City staff have developed 11 new parks and refurbished 6 parks, proving the City to be a viable partner inthe goals of creating a park for the Sun City community. 15Discuss how the project addresses an important and meaningful community need.
Answer:As previously mentioned, the Sun City community was developed in the mid-1960's as a master planned retirement community. However, the current amenities lack theproper maintenance and serve only a very small portion of the community. The addition of a pocket park in the Sun City community will enhance the quality of life of anunderserved community of older adults, whose recreational needs are often overlooked due to the focus of youth oriented recreation. The portion of the lot is 1.87 acres Item Title: 10.6
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which is large enough for a quarter mile walking trail with LED solar lighting, exercise equipment, and shaded seating areas to give local active adults an opportunity toengage in healthy activities closer to home.
Extreme Heat Threat
Each applicant must answer the questions below, as applicable. 16Determine if the project is located within a census tract that is estimated to have a significant increase in the annual number of heat-related health events in addition to high heatvulnerability, as identified in the California Heat Assessment Tool (See Appendix F in the guidelines for instructions on how to use this tool) and input the variable and indicatorhere.
Answer:According to the California Heat Assessment Tool, the Sun City Park project in Riverside County (Census Tract 6065042709), has a Heat Healthy Event Variable of 2Annual Number of Health Events; and a Heat Vulnerability of 18.19. Both numbers place the project in a low Extreme Heat Threat category. 17Explain how the proposed project will help reduce the extreme heat threats of the project area.
Answer:The proposed project would reduce extreme heat threats by counter acting the heat island effect by creating a green space lined with trees and plants that encouragewalking to the recreation amenities instead of driving to a park outside of the neighborhood.
Statewide Park Development and Community Revitalization Act Each applicant must answer the question below, as applicable. 18Was this project eligible to receive funding from the Statewide Park Development and Community Revitalization Act of 2008? Answer:Yes, had this project been identified sooner, it would have been eligible for funding from the Statewide Park Development and Community Revitalization Act of 2008.
Additional Project Characteristics
Each applicant must answer the questions below, as applicable. 19Explain how the project addresses environmental, social, economic, or public health issues or provide benefits not previously discussed?
Answer:Aside from addressing the accessibility to recreational amenities in an underserved community, the Sun City Park project also engages the community in healthyactivities that both help with mental and physical well-being. Providing the space for older adults to gather and be active is crucial to the holistic care approach of HealthyMenifee programs to ensure the emotional and physical needs of the community are being addressed. The need for these opportunities came to light during the manyclosures and social distancing protocols that were established during the pandemic and continue to be an area of concern as the City continues to grow. 20Describe how the project uses anti-displacement strategies.
Answer:The City of Menifee is preserving the affordable housing that already exists in the Sun City community by identifying property that is currently not in use for housing orhas any future plans for housing. The City is providing the opportunity for the community to grow with the additional of a pocket park while protecting the currentinfrastructure of the community without impacting residential resources. 21Describe the type of irrigation system included in the project.
Answer:The City of Menifee anticipate using reclaimed water where available for the irrigation of trees and plants as well as drip irrigation systems for drought resistant foliageand ground covering.
Project Readiness
Each applicant must answer the questions below, as applicable. 22Describe the status of the following items, including anticipated timing for completion of each: Preliminary designs Environmental documentation Necessary permits and long-term operation and maintenance commitments and agreements For projects including an acquisition: detailed appraisal and/or comparable sales data; preliminary title report; negotiations with a willing seller.
Answer:City staff have already contracted with Santolucito Dore Group Inc. Real Estate Services for the Market Value Appraisal of the 1.87 acres of land adjacent to the to theFaith Lutheran Church of Sun City and the easement for the shared use of the existing parking lot. The draft appraisal is what was used to determine the acquisitionproject costs provided in the Cost Estimate.
This project has started the negotiations with the willing seller, Faith Lutheran Church of Sun City, who initially sought out the City for this project and has provided thenecessary documentation to exemplify their commitment to the project.
City staff has created a preliminary project design of the Sun City Park that includes amenities such as a quarter mile walking trail, solar walkway lighting, landscapeincluding trees, plants and water efficient irrigation, benches, drinking fountains, and trash receptacles, covered age appropriate work out stations, a community garden,and fencing.
Once the negotiations and purchase of the land are complete, City staff would take the next steps in ensuring the appropriate environmental reviews and permittingtakes place to allow for the construction of the Sun City Park. 23List all other sources of funding and amounts already committed to the project and expected timing of funds.
Answer:The City has already committed $5,500 from General Fund to pay for the appraisal of the parcel for acquisitioning the land. As for development of the land, the City is inthe process of identifying funds generated from the Development Impact Fees and Local Park (Quimby) Fees to assist the completion of this project which will beidentified in the Fiscal Year 2022/2023 Annual Budget and Capital Improvement Program Budget. 24If funding is not received from other sources, is the requested grant amount sufficient to complete the project? Answer:If funding is not received from other sources, the grant amount is sufficient for acquisitioning the land, but not for the development of the park. In the unlikely event theCity does not allocate park specific funds to the Sun City Park project, City staff would continue to research eligible grant programs and potential partners to fund thedevelopment of the park. 25List the legal owners for each parcel within the project footprint and the status of notifications, negotiations, agreements, etc. to implement the project.
Answer:The legal owner for APN: 339-072-013 is Faith Lutheran Church of Sun City who is represented by the following: Candace L. Hulme, President; Arlene Dressler,Secretary; and Michael McGravan, Treasurer.
Faith Lutheran has provided a letter indicating that they are a willing seller with the necessary information and approvals from the organization. 26List all entities with jurisdiction over the project and the status of notifications, agreements, meetings, etc.
Answer:The following entities have jurisdiction over the project: City of Menifee, Eastern Municipal Water District, and Faith Lutheran Church of Sun City. All entities are aware ofthe project and will coordinate on the acquisition and development of the park.
Organizational Capacity
Each applicant must answer the questions below, as applicable. 27Describe your organization's experience in completing this type of project.
Item Title: 10.6
Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 11
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Answer:The City of Menifee, Community Services Department has acquired and developed parkland in past projects and currently has several similar projects in progress. Sincethe incorporation of the City in 2008 and the creation of the Community Services Department in 2015, the organizational capacity has greatly increased allowing for morecomplex capital projects to be completed. Currently, the City is in the process of completing the renovation and building of the Lazy Creek Recreation Center whichincluded renovating an existing building, adding a new secondary building, updating the parking areas, and refurbishing the associated park and restrooms. Otherprojects include the Central Park Amphitheater which is currently in the design phase with City staff working with the Architectural firm to make this project ready forconstruction by Fall 2022.
Current staffing levels allow for the Community Services Department to be more efficient with the use of time allocated towards the allocation of funds and projectmanagement that make the current team capable of creating and completing capital projects to the benefit of the community. 28Describe all past state grants from other agencies including the project name and year.
Answer:The City of Menifee received Proposition 68 Per Capita Grant from the Department of Parks and Recreation in 2020 in the amount of $235,075 for the retrofit of SportsField Lighting at Centennial Park.
Certification And Submission Statement
Please read before signing and submitting application.
I certify under penalty of perjury:
The information entered on behalf of Applicant Organization is true and complete to the best of my knowledge;I am an employee of or a consultant for the Applicant Organization authorized to submit the application on behalf of the Applicant Organization; andI understand that any false, incomplete or incorrect statements may result in the disqualification of this application.
By signing this application, I waive any and all rights to privacy and confidentiality of the proposal on behalf of the applicant, to the extent provided in this RFP.
Submission By: mmitchell Submitter Initials: Submission Date:
© 2022 State of California. Conditions of Use | Contact Us | Privacy Policy Item Title: 10.6
Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 12
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Location Map & Conceptual Design
Urban Greening Grant - Sun City Park
Proposed Park Amenities:
•1.87 acre park
•1/4 mile walking path
•Solar Walkway Lighting
•Landscape (trees, plants
& water efficient
irrigation)
•Benches, Drinking
fountains & Trash Cans
(dog bag dispensers)
•Covered Age-
appropriate workout
stations
•Rose Garden
•Wrought Iron Fence
•Shared Parking lot
Item Title: 10.6
Resolution to Approve the Application for Grant Funds for the Urban Greening Program for Sun City Park Item Page Number: 13
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CITY OF MENIFEE
SUBJECT: Authority to Resolve Field Claims for Department Directors MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Ed Varso, Police Chief
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a resolution delegating Department Directors and/or their designee the authority to resolve field claims of $500 or less; and
2. Authorize the City Manager, or his designee, to execute all necessary documents to implement the field claims procedure.
DISCUSSION
The City of Menifee understands that keeping residents safe is critical and, in the process, may lead to field claims. Field claims are used to resolve incidents involving damage to property (and/or lost items) that occur while the City is assisting the public in the field. Field Claims include the negotiation and payment of a monetary amount to the affected party (claimant). Some of the examples leading to a field claim may include damages to a fence, mailbox, cellphone, etc. Should the City cause damage to an affected party, the City would have the claimant sign a “Release of All Claims” form associated with the negotiated amount (not-to-exceed $500). Following consideration, the City would begin the field claim process as indicated in the attached Field Claims Procedure that has been created.
To assess the feasibility and benefit of instituting a field claims procedure, the Police Department (PD) developed and implemented a pilot program modeled after similar programs used in other Police Departments. While the use of the field claims procedure has been limited, with only two field claims processed since the pilot program was implemented in July 2020; in both cases Menifee Police Officers were able to work with claimants to quickly resolve the claim, provide a higher level of service, and minimize the administrative costs associated with processing small claims.
Although it is anticipated that the use of, and need for field claims will remain relatively low, staff recommend integration of the field claims procedure as a standard process, providing City Item Title: 10.7
Authority to Resolve Field Claims for Department Directors Item Page Number: 1
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City of Menifee Staff Report
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Departments with the ability to handle small claims in the field if/when the need arises. The ability to expedite the processing of small claims would ensure timely and premier customer service while continuing to minimize the administrative costs associated with handling claims valued under $500. Field claims that are not able to be handled under the $500 threshold would continue to follow the City’s standard claim process.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There would be no additional fiscal impact resulting from the adoption of the resolution authorizing the Chief of Police or his or her designee the authority to resolve claims field claims of $500 or less. Associated claims expenses are budgeted within the adopted fiscal year 2022/2023 budget, within Account No. 100-4223-50430 (Claims Expense). No additional budget appropriation action is required.
ATTACHMENTS
1. Resolution
2. Field Claims Procedure
3. Release of all Claims form
Item Title: 10.7
Authority to Resolve Field Claims for Department Directors Item Page Number: 2
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-1-
4 5
6 2
5 RESOLUTION NO.22-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
DELEGATING TO DEPARTMENT DIRECTORS AND/OR THEIR DESIGNEE THE AUTHORITY TO RESOLVE FIELD CLAIMS OF $500 OR LESS
WHEREAS, Government Code Section 935.4 relating to the California Tort Claims Act provides that the City may, by resolution or ordinance, delegate to an employee of the public entity the authority to deny or to pay, in whole or part, tort and other claims against the City in an amount which does not exceed $50,000 in the same manner as would the City Council; and WHEREAS, the Menifee Municipal Code makes other claims subject to the California Tort Claims Act as well, such as field claims; and
WHEREAS, field claims are used to resolve incidents involving damage to property and/or lost items that occur while the City is assisting the public in the field, and includes the negotiation and payment of a monetary amount to the affected party or claimant; WHEREAS, The City often receives a number of smaller field claims for under $500 which may be handled by a Department Directors and/or their designee and reported to the City Council.
NOW, THEREFORE, the City Council of the City of Menifee does resolve as follows:
1. The City Council hereby authorizes Department Directors and/or their designee to deny, allow, compromise or settle field claims that do not exceed $500, and thereafter to report such action to the City Council.
2. Such actions shall be taken in a manner and using the forms and procedures as the City Council would use and as are set out in the California Tort Claims Act, unless they are in conflict with the City’s Field Claims Procedure, attached hereto as Exhibit A, in which case the Field Claims Procedure shall control.
PASSED, APPROVED and ADOPTED this ____ day of December 2022.
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________________
Kay Vinson Jeffrey T. Melching
Acting City Clerk City Attorney
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Purpose: The purpose of this procedure is to define the parameters used to pay claims against the City as they occur in the field.
Definition: Field claims are used to resolve incidents involving damage to property (and/or lost items) that occur while the City is assisting the public in the field. Field Claims include the negotiation and payment of a monetary amount to the affected party (claimant).
Procedure:
City of Menifee Field Claims
•City causes damages to a claimant (i.e.: lost Driver’s License, damage to a fence, damage to vehicle, etc.). •City negotiates a dollar amount (No more than $500) with the claimant. •Field Supervisor / Sergeant Approves the Release of All Claims and then notifies their Lieutenant / Manager.
•Claimant signs a “Release of All Claims” form associated with the negotiated amount. oCaptain or Deputy Director reviews the release of claims form to ensure procedure was followed and was an appropriate use.
oThe Release of All Claims Form is then submitted to the designated department analyst for payment out of petty cash less than $100.00. If more than $100.00, the Analyst will request a check from finance.
oThe Analyst attaches an Incident Report and provides a copy of both forms to Finance and Risk Management.
oRisk Management forwards the information to George Hills (TPA) to update the City’s Loss Run report.
•Retention: 10 years
Field Claims Procedure
Item Title: 10.7
Authority to Resolve Field Claims for Department Directors Item Page Number: 4
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December 7, 2022
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RELEASE OF ALL CLAIMS
KNOW ALL PERSONS BY THESE PRESENTS:
This Release of All Claims (hereinafter “Release”) is entered into as of the effective date of ________, 202__, between:
_________ (“Releasor”), and the City of Menifee (“Releasees”) (collectively the “Parties”).
The Releasor being of lawful age, for sole consideration of _____________________ dollars ($_____________) to be paid to _____________________________ do/does hereby and for his, her, or their heirs, executors, administrators, successors and assigns release, acquit and forever discharge the City of Menifee, and its agents, servants, successors, heirs, executors, administrators and all other persons, firms corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the Releasor now has/have or which may hereafter accrue on account of, or in any way growing out of, any and all known and unknown, foreseen and unforeseen, bodily and personal injuries, and property damage, and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the ________ day of ________, 202__, at or near __________________________________(description of accident, casualty, or event)_________________________________ ______________________________________________________________________________________________________ It is expressly understood and agreed that the execution of this Release and payment and receipt of compensation set forth above is in settlement and compromise of a dispute only, and shall not be construed in any manner to be an admission of liability or fault by any party hereto, and that said Releasees deny liability therefore and intend merely to avoid litigation and buy their peace.
The Releasor represents and warrants by promise of defense, indemnity, and holding harmless, that Releasor, being of sound mind and body, has authority to enter into this Release in order to effectuate a total and complete settlement and release of all claims.
Releasors expressly release and further waive their right to any claim or cause of action against Releasee, its attorneys, insurance carriers, third party administrators, heirs, executors, beneficiaries, predecessors, successors, assigns, representatives, agents and/or any other person or entity connected with them, for any claim they may currently have or that arises in the future pursuant to the Medicare Secondary Payer Act - Private Cause of Action as codified in 42 U.S.C § 1395 y(b)(3)(A) related to the claims and events addressed in this Agreement and subject to the Release set forth above. Releasors further agree to hold the Releasee harmless and indemnify the Releasee from any claim, lien, or cause of action brought by any entity pursuant to Medicare Secondary Payer Act (42 U.S.C. § 1395y(b)) related to this claim.
It is further understood and agreed that all rights under section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Section 1542 reads as follows:
“1542. General release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The Releasor hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite. In making this Release, it is understood and agreed that the Releasor relies wholly upon the Releasor’s own judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and liability therefore, and is made without reliance upon any statement or representation of the Releasees or their representatives or by any physician or surgeon employed by them.
The Releasor further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital.
This Release shall be construed and enforced under California law. The Parties represent that the undersigned has the right, power, legal capacity and authority to enter into and perform his, her, or their obligations under this Release and no approvals or consents of any other persons or entities, other than the individuals signing, are necessary in connection with the execution of this Release, and when so signed, this Release will be a binding obligation on the Parties hereto.
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I hereby represent that at the time I sign this release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the past 15 days.
I, THE UNDERSIGNED, HAVE CAREFULLY READ THE ABOVE AND FULLY UNDERSTAND IT TO BE A FULL AND FINAL RELEASE OF ALL CLAIMS. I CERTIFY THAT I HAVE HAD THE BENEFIT OF LEGAL COUNSEL
CONCERNING THIS RELEASE AND/OR HAVE HAD THE OPPORTUNITY TO SEEK THE ADVICE OF COUNSEL, BUT HAVE WAIVED THIS OPPORTUNITY.
Signed, sealed and delivered this ____ day of ________ 202__. __________________________________________
Print Name
__________________________________________
Signature
__________________________________________
Printed name of witness to signature
____________________________________________________
Signature of witness
__________________________________________
Address of witness
□__________________________________
Captain or Deputy Director printed name and signature
Item Title: 10.7
Authority to Resolve Field Claims for Department Directors Item Page Number: 6
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CITY OF MENIFEE
SUBJECT: Budget Carryovers to Fiscal Year 2022/23
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Regina Funderburk, Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve a Budget Amendment Resolution for the balance of budget carryovers, as of June 30, 2022, for all ongoing operating requests, ongoing grants, and capital improvement program (CIP) budget to Fiscal Year 2022/23.
DISCUSSION
With the passage of the budget, it is assumed that all revenues will be earned and all expenditures will be expended by the end of the fiscal year. Due to the timing of receiving goods and services, the specific performance period of grant funded projects/program, and the multi-year capital improvement projects, some expenditures were not fully exhausted within last fiscal year and must be carried over into the new fiscal year. Both revenues and expenditures, if not incorporated within the following year’s budget, must be re-appropriated by City Council and added to the newly adopted budget.
Fiscal Year 2022/23 Budget Carry-Over Overview:
On June 1, 2022, the Menifee City Council adopted the Fiscal Year 2022/23 operating and capital budget for a total City-wide appropriation of $129,328,947, of which $86,059,273 represented total appropriations for the General Fund including Quality-of-Life (Measure DD). Based on departmental requests, a total $21,981,862.61 in carryover expenditure items are requested for approval and $2,532,307.98 in carryover revenues. Please note this does not include thirty-one budget carryovers approved from July 1, 2022 through the most recent Council Meeting, totaling $34,365,365.63 in expenses and $1,392,266.50 in revenues.
Covid-19 continues to have an impact on purchases and delivery of goods. With respect to annual expenditures and purchases, Fiscal Year 2022/23 was similar to Fiscal Year 2021/22 with the aftereffects of Covid-19. Across the board, various city departments experienced atypical delays in the delivery of services and increases in pricing, ranging from IT equipment/hardware to street Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 1
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Budget Carryovers to Fiscal Year 2022/23
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sign blades, impacted by global supply shortages in key supplies such as computer chips, aluminum, drywall and even concrete. Over the most recent months the, City has seen minor relief in the delay of some purchases; however, some larger purchases such as vehicles still face delays of several months.
Purchase Orders (PO) Encumbrances Fiscal Year 2021/22
Purchase Orders (PO): Existing contracts/purchase orders (POs) where work/services commenced prior to Fiscal Year 2022/23 and that will continue into the new fiscal year are authorized to be carried forward as part of the new year budget adoption process. Pursuant to the accompanying budget adoption resolution, outstanding encumbrances can be carried forward to the next succeeding budget year upon approval of the City Manager. A contractual commitment in the form of an executed contract and/or PO has been issued for the respective goods/services and has been carried forward into the new fiscal year.
For Fiscal Year 2022/23, a total of $24,045,479 in eligible encumbrances has been carried forward from Fiscal Year 2021/22. Notable increases in the encumbrances carried forward into the new fiscal year compared to the previous year are the following:
- $1.87 million in professional services associated with CEQA projects. As expenses are realized, offsetting revenue from developer deposits are recognized. - $18.5 million in various contracts associated with specific CIP project with activity underway.
Grant/Program and CIP Program Expense Budget Carry-Overs:
The attached Grant Rollovers (Attachment A) details the ongoing grants, and CIP and Other Rollovers (Attachment B) includes the ongoing capital projects and other projects that require City Council’s approval to carryover to Fiscal Year 2022/23.
Below is a summary, by fund, reflecting the requested carry-over appropriation. Additionally, Table 1 and 2 summarizes, in aggregate and by fund respectively, the proposed budget carryovers by the following categories:
1.Grant Projects/Programs (Attachment A): The implementation/completion of projects/programs funded by grant funds are governed by the specific terms of the grant agreement and can range from one year to multiple years. Carryover grant projects/programs represent remaining anticipated expenditures and revenues to be expended and/or received during Fiscal Year 2022/23. Most grants are funded as reimbursement grants, meaning the City must complete the funded project/program/activity first, and then seek/receive reimbursement from the funding entity. Grant reimbursements are recognized within the fiscal year(s) they are received.
Grant expenditures are recognized in the fiscal year(s) they are expended.
2.CIP Projects (Attachment B): These include CIP projects generally completed requiring multi-year coordination for delivery of the project including but not limited to:
a. Funding strategy/plan
b. Pre-construction activities
c. Design
d. Environmental
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 2
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e. Right-of-Way Acquisition
f. Construction
These projects were adopted as part of the CIP Program, and remaining activities are proposed to be carried forward into the new fiscal year.
Funding for CIP, in particular, may involve a funding plan across several fiscal years to fully bring together the required funding to complete the project. For example, CIP 13-03:
Holland Road Overpass Project, is estimated to cost $35 million (reflecting increased construction costs) from beginning to end of the project (pre-construction activities to construction completion). CIP projects, such as the traffic signal communication projects, which receive federal funds through grants, require several years to coordinate design and construction activities with Caltrans. As reflected within the adopted FY2022/23 Capital Improvement Program (see page 14 of CIP Program Budget Book), project reallocations for FY 2022/23 for various projects are also included within the proposed budget carryovers.
Other Projects (Attachment B): Other Projects include operational expenses approved at mid-year (Fiscal Year 2021/22) for commercial recycling compliance assistance program, senior low-income bill assistance program and servers for IT. Additionally $1.25 million with Fund 524 (DIF) is included for the ERP replacement project underway.
Overall Summary
The total proposed Fiscal Year 2022/23 budget carryover in grant and CIP/Other expenditures is $21,981,862.61. Of this proposed amount, a majority is associated with the City’s CIP Program, which totals $19,286,380.63, or 87.73% of total carryovers.
TABLE 1: PROPOSED FY22/23 BUDGET CARRY-OVERS
Description CIP Operational Total
GRANTS (ATTACHMENT A) $1,738.00 $895,481.98 $897,219.98 CIP/OTHER (ATTACHMENT B) 19,284,642.63 1,800,000.00 21,084,642.63 TOTAL $19,286,380.63 $2,695,481.98 $21,981,862.61
TABLE 2: PROPOSED FY22/23 BUDGET CARRY-OVERS (EXPENDITURES) BY FUND
FUND FUND NAME EXPENDITURE TYPE
100 CIP/OTHER (ATTACHMENT B) 7,043,893.06
100 Total 7,043,893.06
105 CIP/OTHER (ATTACHMENT B) 1,860,299.72
105 Total 1,860,299.72
110 CIP/OTHER (ATTACHMENT B) 275,000.00
110 Total 275,000.00
200 CIP/OTHER (ATTACHMENT B) 19,258.00
200 Total 19,258.00
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
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FUND FUND NAME EXPENDITURE TYPE
220 CIP/OTHER (ATTACHMENT B) 610,911.54
220 Total 610,911.54
301 CIP/OTHER (ATTACHMENT B) 449,361.25
GRANTS (ATTACHMENT A) 618,897.82
301 Total 1,068,259.07
310 CIP/OTHER (ATTACHMENT B) 5,101,619.50
310 Total 5,101,619.50
320 CIP/OTHER (ATTACHMENT B) 643,283.80
320 Total 643,283.80
410 CIP/OTHER (ATTACHMENT B) 22,321.84
410 Total 22,321.84
420 CIP/OTHER (ATTACHMENT B) 78,650.00
420 Total 78,650.00
481 CIP/OTHER (ATTACHMENT B) 222,999.00
GRANTS (ATTACHMENT A) 278,322.16
481 Total 501,321.16
490 CIP/OTHER (ATTACHMENT B) 500,925.01
490 Total 500,925.01
507 CIP/OTHER (ATTACHMENT B) 200,000.00
507 Total 200,000.00
508 CIP/OTHER (ATTACHMENT B) 13,699.87
508 Total 13,699.87
509 CIP/OTHER (ATTACHMENT B) 266,999.54
509 Total 266,999.54
511 CIP/OTHER (ATTACHMENT B) 464,096.82
511 Total 464,096.82
512 CIP/OTHER (ATTACHMENT B) 270,128.00
512 Total 270,128.00
521 CIP/OTHER (ATTACHMENT B) 111,171.94
521 Total 111,171.94
522 CIP/OTHER (ATTACHMENT B) 116,752.15
522 Total 116,752.15
524 CIP/OTHER (ATTACHMENT B) 1,125,000.00
524 Total 1,125,000.00
526 CIP/OTHER (ATTACHMENT B) 1,450,502.14
526 Total 1,450,502.14
620 CIP/OTHER (ATTACHMENT B) 203,769.45
620 Total 203,769.45
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
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FUND FUND NAME EXPENDITURE TYPE
622 CIP/OTHER (ATTACHMENT B) 34,000.00
622 Total 34,000.00
Grand Total $21,981,862.61
Revenue Budget Carryovers
Total revenue budget carryover is $2,532,307.98 represented by various grants funds. Included in the proposed revenue carryovers is $239,084.42 of American Rescue Plan (ARP) revenue anticipated to be recognized during Fiscal Year 2022/23 as previously approved projects/activity expenses are realized. Table 3 summarizes the requested carryover of revenues:
TABLE 3: PROPOSED FY 2022/23 BUDGET CARRY-OVERS (REVENUES) Fund Fund Name Revenue Type Revenue Amount
301 Grant Fund Grant $1,963,455.12
481 CDBG Grant 568,852.86
GRAND TOTAL $2,532,307.98
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
With approval of this item, total appropriations for the FY 2022/23 operating, grant and capital budget will increase by $21,981,862.61. Total revenues will increase by $2,532,307.98. These items were previously authorized during the Fiscal Year 2021/22 budget year and were not fully expended or received. The authorization by City Council to carry over these appropriations will allow capital projects, grants and outstanding operating purchase orders to continue without interruption. It is also important to note, the carry-over of the proposed expenditures, with the exception of grant funded/reimbursement expenditures, results in the use of fund balance, as the corresponding balancing revenues for these previously approved expenditures were collected in prior fiscal years. Grant funded/reimbursement expenditures will have corresponding revenues received following the actualization of the expenditures.
ATTACHMENTS
1. Budget Adjustment Resolution – Budget Carryovers
2. Attachment A – Grant Rollovers
3. Attachment B – CIP and other Projects Budget Rollovers Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 5
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December 7, 2022
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RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on October 19th , 2022; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
1.Record Revenue Estimate(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 7, 2022 Various Grants 301-XXXX $1,963,455.12 December 7, 2022 CDBG Grant 481-3845 568,852.86
TOTAL: $2,532,307.98
Increase FY 2022/23 Revenue Budget: $2,532,307.98
2.Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 7, 2022
Various Expenditures: General
Fund 100-xxxx-xxxxx
$7,043,893.06
December 7, 2022
Various Expenditures: Measure DD
Fund 105-xxxx-xxxxx 1,860,299.72
December 7, 2022 Various Expenditures: IT Fund 110-xxxx-xxxxx 275,000.00 December 7, 2022 Various Expenditures: Gas Tax 200-xxxx-xxxxx 19,258.00 December 7, 2022 Various Expenditures: Measure A 220-xxxx-xxxxx 610,911.54 December 7, 2022 Various Expenditures: Grants 301-xxxx-xxxxx 1,068,259.07 December 7, 2022 Various Expenditures: TUMF 310-xxxx-xxxxx 5,101,619.50 December 7, 2022
Various Expenditures: Capital
Projects 320-xxxx-xxxxx 643,283.80
December 7, 2022
Various Expenditures: Scott Road
RBBD 410-xxxx-xxxxx 22,321.84
December 7, 2022 Various Expenditures: CSA 33 420-xxxx-xxxxx 78,650.00 Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 6
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December 7, 2022
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Amending the Fiscal Year 2022/23 Budget
FY 2022/23 Budget Carryovers
2 CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 7, 2022 Various Expenditures: CDBG 481-xxxx-xxxxx 501,321.16 December 7, 2022
Various Expenditures: Audie
Murphy CFD 490-xxxx-xxxxx 500,925.01
December 7, 2022
Various Expenditures: DIF 17 -
Public Facilities 507-xxxx-xxxxx 200,000.00
December 7, 2022 Various Expenditures: DIF 17 - Fire 508-xxxx-xxxxx 13,699.87 December 7, 2022
Various Expenditures: DIF 17 -
Roads 509-xxxx-xxxxx 266,999.54
December 7, 2022
Various Expenditures: DIF 17 -
Parks 511-xxxx-xxxxx 464,096.82
December 7, 2022
Various Expenditures: DIF 17 -
Trails 512-xxxx-xxxxx 270,128.00
December 7, 2022
Various Expenditures: DIF Citywide
- Fire Facilities 521-xxxx-xxxxx 111,171.94
December 7, 2022
Various Expenditures: DIF Citywide
- Park Improvements 522-xxxx-xxxxx 116,752.15
December 7, 2022
Various Expenditures: DIF Citywide
- General Govt (Fac,Veh,Equ 524-xxxx-xxxxx 1,125,000.00 December 7, 2022
Various Expenditures: DIF Citywide
- Circulation 526-xxxx-xxxxx 1,450,502.14
December 7, 2022 Various Expenditures: Local Park 620-xxxx-xxxxx 203,769.45 December 7, 2022
Various Expenditures: 2015-2
Citywide Parks 622-xxxx-xxxxx 34,000.00
TOTAL:
$21,981,862.61
Increase FY 2022/23 Expenditure Budget: $21,981,862.61
2. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
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Amending the Fiscal Year 2022/23 Budget
FY 2022/23 Budget Carryovers
3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect carryover revenues and expenditures as follows:
FUND NO. FUND NAME REVENUE AMOUNT ($)
301 Grant Fund $1,963,455.12
481 CDBG Fund 568,852.86
Grand Total $2,532,307.98
FUND NO. FUND NAME EXPENDITURE AMOUNT ($)
100 General Fund $7,043,893.06
105 Measure DD Fund 1,860,299.72
110 IT Fund 275,000.00
200 Gas Tax 19,258.00
220 Measure A 610,911.54
301 Grants 1,068,259.07
310 TUMF 5,101,619.50
320 Capital Projects 643,283.80
410 Scott Road RBBD 22,321.84
420 CSA 33 78,650.00
481 CDBG 501,321.16
490 Audie Murphy CFD 500,925.01
507 DIF 17 - Public Facilities 200,000.00
508 DIF 17 - Fire 13,699.87
509 DIF 17 - Roads 266,999.54
511 DIF 17 - Parks 464,096.82
512 DIF 17 - Trails 270,128.00
521 DIF Citywide - Fire Facilities 111,171.94
522 DIF Citywide - Park Improvements 116,752.15
524 DIF Citywide - General Govt (Fac,Veh,Equ 1,125,000.00 526 DIF Citywide - Circulation 1,450,502.14
620 Local Park 203,769.45
622 2015-2 Citywide Parks 34,000.00
Grand Total $21,981,862.61
Increase FY2022/23 Revenue Budget $2,532,307.98
Increase FY2022/23 Expenditure Budget $21,981,862.61
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
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Amending the Fiscal Year 2022/23 Budget
FY 2022/23 Budget Carryovers
4 PASSED, APPROVED AND ADOPTED this 7th day of December 2022.
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 9
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December 7, 2022
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Fiscal Year 2022/23 Attachment A: Budgets Rolled for Grants
GRANT PROGRAM ACCOUNT ACCOUNT DESCRIPTION EXPENDITURES REVENUE AMERICAN RESCUE PLAN 301-3742 American Rescue Plan (F) 239,084.42 (1)(2) 301-4221-52216 American Rescue Plan (F) 139,854.42
AMERICAN RESCUE PLAN Total 139,854.42 239,084.42
CALRECYCLE BEVERAGE CONTAINER
PROGRAM
301-4550-52420 Beverage Container Collection 22,415.00
301-4550-52425 CalRecycle Grant Expense 23,125.00
CALRECYCLE BEVERAGE CONTAINER
PROGRAM Total
45,540.00
481-3845 Grant Revenue 568,852.86 (3)
481-1920-57100 Public Services - Coronavirus 209,919.00 481-1920-57110 Professional Services-Coronavirus 25.00
481-1920-57115 Special Dept. Expense-Coronavirus 17,349.92 481-2122-58014 CDBG-Minor Home Repair Grant Program 49,290.24 481-2122-58116 ATP - Romoland Grid Area (3rd Street) 1,738.00 CDBG PROGRAM Total 278,322.16 568,852.86
COMMUNITY POLICING (CPD) GRANT
PROGRAM
301-3746 Comm. Policing Dvlpmnt (CPD) Grant (F) 97,500.00
COMMUNITY POLICING (CPD) GRANT
PROGRAM Total
97,500.00
DOJ BULLETPROOF VEST PARTNERSHIP
GRANT
301-3863 US DOJ Bulletproof Vest Partnership Grnt 1,335.13 301-4911-52834 US DOJ Bulletproof Vest Partnership Grnt 1,809.46
DOJ BULLETPROOF VEST PARTNERSHIP
GRANT Total
1,809.46 1,335.13
EMPG GRANT PROGRAM 301-3829 EMPG Grant Revenue 22,273.00 301-4114-52427 EMPG Grant Expense (F) 22,273.00
EMPG GRANT PROGRAM Total 22,273.00 22,273.00
HSIP CYCLE 7 GRANT PROGRAM 301-3858 HSIP 7 Citywide Signal Comm. Grant 113,989.72 (4) HSIP CYCLE 7 GRANT PROGRAM Total 113,989.72
HSIP CYCLE 9 GRANT PROGRAM 301-3862 HSIP Cycle 9 Antelope Rd Raised Median 157,983.10 (5) HSIP CYCLE 9 GRANT PROGRAM Total 157,983.10
JUSTICE ASSISTANCE GRANT PROGRAM 301-3745 Justice Assistance Grant (F) 9,535.00 301-4911-52845 Justice Assistance Grant (F) 9,535.00
JUSTICE ASSISTANCE GRANT PROGRAM
Total
9,535.00 9,535.00
LEAP GRANT PROGRAM 301-3871 Local Early Action Planning (LEAP) Grant 300,000.00 301-4330-52840 Permit Streamlining - LEAP 34,051.25
301-4330-52841 Inclusionary Housing Feasibility - LEAP 45,000.00 LEAP GRANT PROGRAM Total 79,051.25 300,000.00
LOCAL ROAD SAFETY PLAN GRANT 301-3874 Local Roadway Safety Plan Grant 35,977.04 LOCAL ROAD SAFETY PLAN GRANT Total 35,977.04
OTS GRANT PROGRAM 301-3865 OTS Grant (STEP)(F) 42,517.05 301-4911-52426 OTS Grant (STEP)(F) 73,708.18
OTS GRANT PROGRAM Total 73,708.18 42,517.05
301-3743 Permanent Local Housing Assistanc Grant 165,344.21 301-4330-52843 Permanent Local Housing Assistanc Grant 224,910.50
PERMANENT LOCAL HOUSING
ASSISTANCE PROGRAM (PLHA) Total
224,910.50 165,344.21
PROP 68 GRANT PROGRAM 301-3741 Prop 68 Per Capita Grant 235,075.00 PROP 68 GRANT PROGRAM Total 235,075.00
SB2 GRANT PROGRAM 301-3739 SB2 Grant Funds 67,012.45
301-4330-52837 SB2 Grant - Obj. Development Standards 8,195.94 SB2 GRANT PROGRAM Total 8,195.94 67,012.45
SB821 GRANT PROGRAM 301-3876 SB 821 Bell Mtn Middle School Ped. Proj. 223,105.00 (6) SB821 GRANT PROGRAM Total 223,105.00
SHSP GRANT PROGRAM 301-3833 SHSP Homeland Security Grant (F) 31,399.00
CDBG PROGRAM
PERMANENT LOCAL HOUSING
ASSISTANCE PROGRAM (PLHA)
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 10
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December 7, 2022
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Fiscal Year 2022/23 Attachment A: Budgets Rolled for Grants
GRANT PROGRAM ACCOUNT ACCOUNT DESCRIPTION EXPENDITURES REVENUE 301-4114-52421 SHSP Grant Expense (F) 14,020.07
SHSP GRANT PROGRAM Total 14,020.07 31,399.00
SUSTAINABLE TRANSPORTATION
PLANNING GRANT
301-3877 Sustainable Transportation Planing Grant 221,325.00 (7)
SUSTAINABLE TRANSPORTATION
PLANNING GRANT Total
221,325.00
GRAND TOTAL $897,219.98 $2,532,307.98
(1) Corresponding CIP expenses listed in Attachment B.
(2) Cooresponding (PO # 03690, Magellan Advisors, Smarts Cities Plan) (3) Corresponding CIP expenses listed in Attachment B.
(4) Corresponding CIP expenses listed in Attachment B.
(5) Corresponding CIP expenses listed in Attachment B.
(6) Corresponding CIP expenses listed in Attachment B.
(7) Corresponding CIP expenses listed in Attachment B.
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 11
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Fiscal Year 2022/23 Attachment B: Budgets Rolled For Capital Projects and Other Projects Project Account Expenditures
Capital Outlays (ERP) 524-4220-53155 1,125,000.00
Capital Outlays (ERP) Total $1,125,000.00
Capital Outlays (IT Servers) 110-4115-53155 275,000.00 (1) Capital Outlays (IT Servers) Total $275,000.00
Commercial Recycling Compliance Assistance Program 100-4661-52851 250,000.00 (1) Commercial Recycling Compliance Assistance Program Total $250,000.00 Sr. Low Income WM Bill Assistance Program 100-4661-52852 150,000.00 (1) Sr. Low Income WM Bill Assistance Program Total $150,000.00 OTHER BUDGET CARRY OVER $1,800,000.00
CIP 13-04: Bradley Bridge Construction and Design 105-4555-58000 744,383.00 509-4555-58000 266,999.54
526-4555-58000 894,349.00
CIP 13-04: Bradley Bridge Construction and Design Total $1,905,731.54 CIP 14-01: McCall/I215 Overpass Project 310-4555-58019 356,958.00 CIP 14-01: McCall/I215 Overpass Project Total $356,958.00 CIP 15-08: Fire Station #7 508-4555-58033 13,699.87
CIP 15-08: Fire Station #7 Total $13,699.87
CIP 16-03: Trails Connectivity & Enhancements 512-4555-58036 65,286.87 CIP 16-03: Trails Connectivity & Enhancements Total $65,286.87 CIP 16-05: AMR Permanent Park Restrooms 511-4555-58038 8,901.82 620-4555-58038 191,502.69
CIP 16-05: AMR Permanent Park Restrooms Total $200,404.51 CIP 16-06: Park Surveillance/IT Upgrades 490-4555-58039 75,000.00 CIP 16-06: Park Surveillance/IT Upgrades Total $75,000.00 CIP 17-01: Evans Park Acquisition, Design and Construct 512-4555-58052 1,526.13 CIP 17-01: Evans Park Acquisition, Design and Construct Total $1,526.13 CIP 19-15: Central Park Amphitheatre 100-4555-58079 2,465,729.00 320-4555-58079 14,598.80
511-4555-58079 400,000.00
CIP 19-15: Central Park Amphitheatre Total $2,880,327.80 CIP 19-16: Lazy Creek Campus Improvements 320-4555-58082 23,485.00 522-4555-58082 41,752.15
CIP 19-16: Lazy Creek Campus Improvements Total $65,237.15 CIP 19-18: Menifee Police Headquarters 105-4555-58090 240,000.00 CIP 19-18: Menifee Police Headquarters Total $240,000.00 CIP 20-01: Bundy Canyon/Scott Road Widening 310-4555-58083 2,834,403.00 CIP 20-01: Bundy Canyon/Scott Road Widening Total $2,834,403.00 CIP 20-04: Paloma Wash Trail Improvements 301-4555-58086 3,676.25 CIP 20-04: Paloma Wash Trail Improvements Total $3,676.25 CIP 20-05: Garbani Road/I-215 Interchange 410-4555-58087 22,321.84 CIP 20-05: Garbani Road/I-215 Interchange Total $22,321.84 CIP 20-13: Paloma Wash Pedestrian Bridge 320-4555-58098 500,000.00 507-4555-58098 200,000.00
512-4555-58098 158,510.00
CIP 20-13: Paloma Wash Pedestrian Bridge Total $858,510.00 CIP 21-03: Fire Station #68 Remodel 105-4555-58101 370,000.00 521-4555-58101 111,171.94
CIP 21-03: Fire Station #68 Remodel Total $481,171.94
CIP 21-06: Park Shade Structures 420-4554-58104 45,000.00 CIP 21-06: Park Shade Structures Total $45,000.00
CIP 21-07: Menifee Rd/La Piedra Rd Traffic Signal 526-4555-58105 89,316.99 CIP 21-07: Menifee Rd/La Piedra Rd Traffic Signal Total $89,316.99 CIP 21-09: Murrieta Rd/Sun City Blvd. Traffic Signal 100-4555-58107 50,665.26
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 12
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December 7, 2022
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Fiscal Year 2022/23 Attachment B: Budgets Rolled For Capital Projects and Other Projects Project Account Expenditures
CIP 21-09: Murrieta Rd/Sun City Blvd. Traffic Signal Total $50,665.26 CIP 21-10: Murrieta Rd/Rouse Road Traffic Signal 526-4555-58108 89,502.34 CIP 21-10: Murrieta Rd/Rouse Road Traffic Signal Total $89,502.34 CIP 21-11: Menifee Rd/Garbani Road Traffic Signal 526-4555-58109 156,490.62 CIP 21-11: Menifee Rd/Garbani Road Traffic Signal Total $156,490.62 CIP 21-17: Peacock Community Road Resurfacing 481-2122-58116 222,999.00 CIP 21-17: Peacock Community Road Resurfacing Total $222,999.00 CIP 22-02: Valley Blvd. Widening 526-4555-58118 11,638.19 CIP 22-02: Valley Blvd. Widening Total $11,638.19
CIP 22-03: McCall Blvd. Widening (Hospital to Menifee Rd.) 310-4555-58119 1,910,258.50 CIP 22-03: McCall Blvd. Widening (Hospital to Menifee Rd.) Total $1,910,258.50 CIP 22-04: Bailey Blvd. Improvements 100-4555-58120 450,000.00 220-4555-58120 363,670.75
CIP 22-04: Bailey Blvd. Improvements Total $813,670.75
CIP 22-07: Tradewinds Community PMP 220-4555-58124 32,118.80 CIP 22-07: Tradewinds Community PMP Total $32,118.80
CIP 22-11: Park & Facility Multi-Use Trailers 100-4555-58128 500,000.00 CIP 22-11: Park & Facility Multi-Use Trailers Total $500,000.00 CIP 22-12: Above Ground Fuel Station 100-4555-58129 210,000.00 CIP 22-12: Above Ground Fuel Station Total $210,000.00
CIP 22-14: Newport Rd. Raised Median (Bradley to Murrieta) 220-4555-58131 139,247.00 CIP 22-14: Newport Rd. Raised Median (Bradley to Murrieta) Total $139,247.00 CIP 22-22: Local Roadway Safety Plan 301-4555-58139 1,255.00 CIP 22-22: Local Roadway Safety Plan Total $1,255.00
CIP 22-23: Romoland Grid Resurfacing– South 105-4555-58141 105,187.00 CIP 22-23: Romoland Grid Resurfacing– South Total $105,187.00 CIP 22-24: Civic Center Parking Lot 100-4555-58142 1,764,894.00 CIP 22-24: Civic Center Parking Lot Total $1,764,894.00 CIP 22-25: SB821 LaPiedra/Bell Mtn Pedestrian Imp 301-4555-58143 223,105.00 526-4555-58143 209,205.00
CIP 22-25: SB821 LaPiedra/Bell Mtn Pedestrian Imp Total $432,310.00 CIP 22-27: AMR Skate Park Improvements 490-4555-58145 350,000.00 CIP 22-27: AMR Skate Park Improvements Total $350,000.00 CIP 22-28: Beth Drive Street Improvements 320-4555-58146 55,200.00 CIP 22-28: Beth Drive Street Improvements Total $55,200.00 CIP 22-29: Salt Creek Trail Improvements 100-4555-58147 100,000.00 CIP 22-29: Salt Creek Trail Improvements Total $100,000.00 CIP 22-30: Sustainable Transportation - Complete Streets Plan 100-4555-52853 28,675.00 301-4555-52853 221,325.00
CIP 22-30: Sustainable Transportation - Complete Streets Plan Total $250,000.00 CS004 Sun City Blvd Street Medians 320-4555-58034 50,000.00 CS004 Sun City Blvd Street Medians Total $50,000.00
Fire St#76 Entrance Traffic Signal 105-4555-58156 300,000.00 Fire St#76 Entrance Traffic Signal Total $300,000.00
On Call AC Resurfacing 100-4555-58160 250,000.00
On Call AC Resurfacing Total $250,000.00
Park Improvements Project 511-4555-58024 55,195.00
512-4555-58024 44,805.00
522-4555-58024 75,000.00
620-4555-58024 12,266.76
622-4555-58024 34,000.00
Park Improvements Project Total $221,266.76
Pavement Management Program (PMP) 100-4555-58011 823,929.80 105-4555-58011 100,729.72
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 13
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Fiscal Year 2022/23 Attachment B: Budgets Rolled For Capital Projects and Other Projects Project Account Expenditures
200-4555-58011 19,258.00
220-4555-58011 75,874.99
490-4555-58011 75,925.01
Pavement Management Program (PMP) Total $1,095,717.52
Sports Court Update 420-4555-58081 33,650.00
Sports Court Update Total $33,650.00
Grand Total $19,284,642.63
GRAND TOTAL $21,084,642.63
(1) Approved as part of FY21/22 Mid-Year Budget Process.
Item Title: 10.8
Budget Carryovers to Fiscal Year 2022/23
Item Page Number: 14
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CITY OF MENIFEE
SUBJECT: Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a Budget Amendment Resolution appropriating $2,500,000 in expenditures to Account #100-4330-52846 (Professional Services – Recoverable (CEQA)) and $2,500,000 to Account# 100-3425 (CEQA Review Revenue) for Fiscal Year 2022/2023.
DISCUSSION
At the City Council meeting held on June 1, 2022, Council adopted Resolution No. 22-1157 to adopt the annual budget for Fiscal Year (FY) 2022/2023, which included budget appropriations of $2,000,000 in expenditures and revenues, specific to the environmental consulting services for privately funded development projects as part of the California Environmental Quality Act (CEQA) process. Additionally, per Resolution No. 21-1073, the City Manager has been given authority by City Council to execute all professional service agreements with approved environmental firms to CEQA consulting services. At the initial part of each individual project, a professional services agreement with selected consultant and developer (project proponent) reimbursement agreement is executed defining the scope of work, compensation amount, and required deposit payments from the developer thereby insuring all work and costs associated with CEQA are fully recoverable.
Based on current year CEQA services activity and forecasting additional projects for the balance of the year, additional budget appropriations are needed for the remainder of FY 2022/2023.
Accordingly, a Budget Amendment Resolution (BAR) is required to modify the budget capacity necessary to issue purchase orders for the awarded environmental consultant agreements. With the current high volume of development projects, staff anticipates receiving multiple submittals for CEQA document preparation on projects for the remainder of FY 2022/2023. Staff is Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 1
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December 7, 2022
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City of Menifee Staff Report
FY 2022/2023 CEQA Consultant Review BAR
December 7, 2022
1 3
0 3
requesting an expenditure budget amendment of $2,500,000 to support the anticipated agreement needs through June 30, 2023, with an offsetting increase in revenues of $2,500,000.
It is important to note that all agreement costs for environmental consulting services related to private development are paid for through developer deposits, and that no agreements will be executed prior to receiving the appropriate deposit from the applicant.
In addition, a summary of the CEQA contracts that have been executed to date are attached to this report as previously requested by the City Council. A total of 17 contracts were executed in FY 2021-2022 for a cumulative value of $2.70 million. In FY 2022-2023, 11 contracts have been executed so far for a cumulative value of $1.24 million. The additional amount is based on projects that have been submitted and will be undergoing environmental review and assessment.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact of the proposed action is $2,500,000. However, the full amount of any expenditure of these funds for environmental consultant services will be offset by a fee deposited with the City by project applicants. The applicants will pay all contract and preparation costs plus an administrative fee of $5,000 or 15% of the contract value (whichever is less), per established procedure. Any unencumbered budget remaining at the end of FY 2022/2023 will be closed out, and new appropriations established as part of the budget cycle.
A Resolution authorizing a budget appropriation in the amount of $2,500,000 in expenditures Account# 100-4330-52846 (Professional Services – Recoverable (CEQA) and a $2,500,000 increase in revenues to Account# 100-3425 CEQA Review Revenue is included for approval.
ATTACHMENTS
1. Budget Amendment Resolution (BAR)
2. CEQA Contracts for FY 2021/2022
3. CEQA Contracts for FY 2022/2023
Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 2
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December 7, 2022
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RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/2023 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the Fiscal Year (FY) 2022/2023 with Resolution No. 22-1157 on June 1, 2022; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2022/2023 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
General Fund Adopted FY 2022/2023 Revenue Budget: $67,933,273
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 7, 2022 CEQA Services Additional
Appropriations 100-3425 $2,500,000
TOTAL:
Amended General Fund FY 2022/2023 Revenue Budget: $70,433,273 General Fund Adopted FY 2022/2023 Expenditure Budget: $67,933,273
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
September 21, 2022
FY21/22 Budget Carry-over – PMP
23-02 Leon Road Micro-Surfacing
Project
100-4555-58158 60,000
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget
Carry-Over/Assigned Reserves)
100-4555-58021 2,800,000
Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 3
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December 7, 2022
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Amending the Fiscal Year 2022/2023 General Fund Budget
FY22/23 CEQA Appropriations
4 6
0 0
8 CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over)
100-4555-58137 $183,886
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over Re-
Programmed)
100-4555-58137 140,763.03
October 19, 2022
CIP 22-21: Lazy Creek Community
Pedestrian Project (FY21/22
Budget Carry-Over)
100-4555-58138 88,380.50
December 7, 2022 CEQA Services Additional
Appropriations 100-4330-52846 2,500,000
TOTAL: $5,870,704.53
Amended General Fund FY 2022/2023 Expenditure Budget: $73,803,977.53
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the General Fund for the City of Menifee for FY 2022/2023 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
CEQA Services Additional Appropriations $2,500,000
Amended General Fund FY 2022/2023 Budget: $70,433,273 Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
140 of 433
Amending the Fiscal Year 2022/2023 General Fund Budget
FY22/23 CEQA Appropriations
4 6
0 0
8 Expenditures:
PASSED, APPROVED AND ADOPTED this 7th day of December 2022.
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney CEQA Services Additional Appropriations $2,500,000
Amended General Fund FY 2022/2023 Budget: $73,803,977.53 Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
141 of 433
CEQA Contracts for FY 2021/2022
PROJECT NAME PROJECT TYPE CONSULTANT
CONTRACT
TOTAL
Panattoni Island 3 & 6 EIR Kimley-Horn and Associates, Inc $429,890 Golden Meadows EIR Addendum Placeworks, Inc $119,203
Riverwalk TTM 38219 IS/MND + amendment LSA Associates, Inc $85,995 Menifee Valley SP EIR LSA Associates, Inc $580,064
Menifee North SP Amendment IS/MND MIG/Hogle Ireland $73,400 Ethanac & Barnett Warehouse IS/MND EPD Solutions, Inc $166,278 Garbani South TR 37450 IS/MND Matthew Fagan Consulting, Inc $53,325 Caliber Collision IS/MND LSA Associates, Inc $105,530
McGee Office & Storage IS/MND + amendment Michael Baker International $56,310 Capstone Industrial Warehouse EIR Kimley-Horn and Associates, Inc $398,670 Chick-Fil-A - addendum IS/MND Michael Baker International $59,715 Mapes & Sherman warehouse IS/MND First Carbon Solutions $168,260 TTM 38128 IS/MND Michael Baker International $107,780
StaxUp Storage expansion IS/MND Matthew Fagan Consulting, Inc $27,500 Corsica Business Park IS/MND Kimley-Horn and Associates, Inc $169,600 Village @ Junipero apts IS/MND MIG/Hogle Ireland $103,355 Freedom Business Park Amendment to IS/MND LSA Associates, Inc $3,000 Total: $2,707,875
Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
142 of 433
CEQA Contracts for FY 2022/2023
PROJECT NAME PROJECT TYPE CONSULTANT
CONTRACT
TOTAL
Corsica Business Park Amendment to IS/MND Kimley-Horn and Associates, Inc $44,545 Village @ Junipero Amendment to IS/MND MIG/Hogle Ireland $16,500 United Carports warehouse IS/MND Matthew Fagan Consulting, Inc $55,650 Motte Business Center EIR Kimley-Horn and Associates, Inc $416,325 Trumble Pit Restoration IS/MND Rincon Consultants, Inc $48,220 TTM 38346 condos IS/MND Michael Baker International $95,230 Panattoni amendment Amendment to EIR Kimley-Horn and Associates, Inc $142,975 Nova Battery Storage IS/MND Kimley-Horn and Associates, Inc $114,500 Menifee Valley SP Amendment to EIR LSA Associates, Inc $249,690 Villagio Apts IS/MND Matthew Fagan Consulting, Inc $61,450 Garbani South TR 37450 Amendment to IS/MND Matthew Fagan Consulting, Inc $2,500 Total: $1,247,585
Item Title: 10.9
Fiscal Year 2022/2023 Developer Funded CEQA Consultant Budget Amendment Resolution and Update Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
143 of 433
CITY OF MENIFEE
SUBJECT: Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Manager to execute necessary documents and issue payment in an amount not to exceed $300,000 to an environmental mitigation bank to purchase environmental mitigation credits for the Holland Road / I-215 Overcrossing Project (CIP) No. 13-03.
DISCUSSION
The Holland Road / I-215 Overcrossing project proposes to construct a four-lane bridge and road over the Interstate 215 from Haun Road to Hannover Lane connecting the city’s east and west sides. The project will also construct Mechanically Stabilized Earth (MSE) retaining walls on the east side due to right-of-way restrictions, drainage improvements, traffic signals at Haun Road and at Hannover Lane, irrigation, and landscaping.
A portion of the project is located within the limits of Old Paloma Wash, which is listed as a “blue line stream” or a “water of the United States” which is managed by the Army Corps of Engineers (ACOE). The project proposes to re-align the stream to accommodate the roadway and bridge construction. The re-alignment of the Old Paloma Wash causes permanent disturbances to the stream which need to be mitigated per the project’s CEQA environmental studies and mitigation measures which state the following:
“Prior to initiating work in waters of the U.S. the Permittee shall provide the U.S. Army Corps of Engineers (Corps) proof of mitigation credit purchase of 0.65 acre of non-wetland waters of the U.S credits from the Santa Ana River Watershed In-Lieu Fee Program.” Section BIO-15 of the attached Environmental Comment Record (ECR) requires that mitigation be performed that restores riparian-riverine project impacts on a 1:1 ratio. This may be done on- site (if feasible) or through purchase of mitigation bank credits to support dedicated riparian areas Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
144 of 433
City of Menifee Staff Report
Holland Road/I-215 Overcrossing
December 7, 2022
1 3
1 3
located offsite and administered through programs such as the Riverside-Corona Resources Conservation District In-lieu Fee Program. An exact estimate for the cost of purchasing these credits would not be available until final mitigation ratios are determined for the project following review of project by all environmental agencies. There are several environmental banks set up throughout California where projects can purchase these credits. Based on information available via the City’s environmental consultant, the estimated cost to purchase mitigation credits for this project is anticipated to cost between $150,000 to $250,000.
The specific environmental bank that the City would purchase credits from has yet to be identified.
Funding for environmental mitigation in the amount of $300,000 is available in current project budgets to be used for the credit purchase. To meet the time sensitive nature of this payment once a mitigation bank is identified, staff is requesting that the City Council authorize the City Manager to sign any required documents and approve the payment of mitigation credit costs up to $300,000. City Council approval is required to process this environmental mitigation payment as the amount of the payment is above the City Manager’s signatory authority.
Authorizing the City Manager to execute documents and approve the mitigation bank payment would save the project months of wait time as the project would already be under construction and any delay in the project schedule could result in additional costs to the project.
Environmental Impact
A Notice of Determination was filed with the County of Riverside and Recorded on August 16, 2016, for this project.
The project is subject to the mitigation measures per the Holland Road/I-215 Overcrossing Initial Study with Mitigated Negative Declaration Report (SCH No. 2016041073). The City approved this project ISMND on August 10, 2016, and has made the following determinations regarding this project:
1. The proposed project will not have a significant effect on the environment.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
3. Mitigation measures were made a condition of the approval of the project.
4. A Mitigation Reporting or Monitoring Plan was adopted for this project.
5. A Statement of Overriding Considerations was not adopted for the project.
6. Findings were not made pursuant to the provisions of CEQA.
In addition, the project proposes to re-align the Old Paloma Wash channel, which is listed as a “blue line stream” or a “water of the US” channel which is managed by the Army Corps of Engineers (ACOE), the California Department of Fish and Wildlife (CADFW), and the California Regional Water Quality Control Board (RWQCB). Due to the realignment of the Old Paloma Wash, the City applied, obtained and is in the process of finalizing the necessary environmental permits from each of the jurisdictional agencies named above. The project construction cannot start without approval and receipt of all permits.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
145 of 433
City of Menifee Staff Report
Holland Road/I-215 Overcrossing
December 7, 2022
1 3
1 3
STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
FISCAL IMPACT
The payment for the environmental mitigation credits will not adjust the overall project budget as these costs were anticipated when the overall project budget was established. Funding for the environmental mitigation payment in the amount of up to $300,000 has been identified from the following fiscal year 2022/23 project fund:
Table 2- Existing Project Funding
Fund Project Account
Number
Available Budget Anticipated
Cost
General Fund Holland Rd
Overpass
100-4555-58021 $2,800,000.00 $300,000
Any unused funds would remain in the project fund to cover other project related costs.
ATTACHMENTS
1. Project Location Map
2. Environmental Comment Record
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
146 of 433
215
Ajilwood Ct
W
illowo
odW
ay
Blossomwood Ct
Fruitwood Dr
Antelope Rd
Sunwood Pl
Aspenwood Way
Hanover Ln
Green Forest D
r
Albion Ln
Larchwood St
Haun Rd
Copyright nearmap 2015
215
Haun Rd
Holland Rd
La Piedra Rd
Menife
e
Rd
Antelope Rd
Bradley Rd
Newport RdProject Site
0 0.06 0.12
Miles
Ë
Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
147 of 433
Appendix C – Environmental Commitments Record
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
148 of 433
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
149 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
Visual/Aesthetics
AES-1: Several aesthetic features have been incorporated into the project design to enhance the visual quality of the proposed overcrossing and associated improvements.
These features include:
- The bridge deck will have a dry stack barrier texture between two s mooth concrete bands and accent lighting pedestals that will break the grey concrete and flat rectangular surface of the deck.
- Metal picket railings on the bridge will not have a completely solid surface, so as to limit the obstruction of through views and to reduce the mass of the bridge structure.
- A rock blanket will cover the surface of the concrete abutment under the western end of the bridge, and southern embankment wall. - The embankment walls will be textured and/or painted to break the length and height of the walls and provide visual interest.
- The embankment slopes will be planted with trees and shrubs with boulder groupings, a meandering rock blanket, and decomposed granite surfaces to obscure the straight lines of manufactured slopes and the road grade. - Native and/or drought tolerant plant species will be utilized to match the natural vegetation in the project area and to improve tree and plant survival. - Existing landscaping design on Haun Road and on Antelope Road will be extended into adjacent segments of Holland Road to provide continuity in the streetscape.
- The proposed project is consistent with the Route 215 Corridor Master Plan 1.
Additional measures that can avoid or minimize the visual impacts caused by the project or enhance the aesthetic qu alities of the project have been developed.
These will be designed and implemented with concurrence of the District Landscape Architect.
- MSE wall treatments shall be selected based on input from the local community to reflect the area’s history, resources, branding, and/or aesthetic p. 2-8 VIA Resident Engineer,
Contractor, Landscape
Architect
Construction
1 The Route 215 Corridor Master Plan is a broad multi-faceted master planning effort along portions of I-215 which was widened to address traffic and circulation needs.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
150 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
preferences. A gradation in the treatment shall be considered (rather than a single uniform surface) to break the visual expanse and scale of the wall. - In addition to the proposed Mexican fan palm trees and groundcover on the northern mechanically stabilized embankment (MSE) wall, low trees and/or climbing vines shall be planted in between the Mexican fan palms to screen and reduce the visibility of the wall surfaces to residents of the Cantabria apartments, as well as to reduce the potential for wall graffiti. - The evergreen and shade trees along the southern MSE wall shall be located at the bend of Willowood Way and at locations opposite to where there are no parkway trees present on the south side of Willowood Way, so as to bloc k views of the wall from the second -story windows of residences on Fruitwood Drive, west of Willowood Way.
- Utility lines that will be relocated shall be placed underground, where feasible, for consistency with the City's Policy CD 4.8. - The proposed bridge lighting shall be designed to provide the minimum lighting levels necessary for safety and shall comply with the City of Menifee’s Dark Sky Ordinance in the use of low pressure sodium or LED lamps and the shielding of outdoor light fixtures.
Air Quality
AQ-1: The construction contractor shall comply with all applicable laws and regulations related to air quality, including air pollution control district and air quality management district regulations and local ordinances
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-2: Apply water or dust palliative to the site and equipment as frequently as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a “no visible dust” criterion either at the point of emission or at the right of way line, depending on local regulations
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-3: Spread soil binder on any unpaved roads used for construction purposes and all project construction parking areas
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-4: Wash off trucks as they leave the right of way as necessary to control fugitive dust emissions
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
Page
151 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
AQ-5: Properly tune and maintain construction equipment and vehicles. Use low- sulfur fuel in all construction equipment, as provided in California Code of Regulations, Title 17, Section 93114
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-6: Develop and implement a dust control plan documenting sprinkling, temporary paving, speed limits, and expedited revegetation of disturbed slopes as needed to minimize construction impacts on existing communities.
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-7: Locate equipment and material storage sites as far away from residential and park uses as practical. Keep construction areas clean and orderly. p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-8: Establish Environmentally Sensitive Areas (ESAs) or their equivalent near sensitive air receptors where construction activities involving extended idling of diesel equipment would be prohibited, to the extent feasible.
p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-9: Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-10: Cover all transported loads of soils and wet materials prior to transport or provide adequate freeboard (space from the top of the material to the top of the truck) to minimize emissions of dust (particulate matter) during transportation. p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-11: Promptly and regularly remove dust and mud on paved public roads from construction activity and traffic to decrease particulate matter. p. 2-18 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-12: Route and schedule construction traffic to avoid peak travel times as much as possible to reduce congestion and related air quality impacts caused by idling vehicles along local roads.
p. 2-19 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Prior to/ During
Construction
AQ-13: Install mulch or plant vegetation as soon as practical after grading to reduce windblown particulate in the area. Be aware that certain methods of mulch placement, such as straw blowing, may themselves cause dust and visible emission issues; controls, such as dampened straw, may be needed.
p. 2-19 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
During/ After
Construction
AQ-14: To control the generation of construction-related fugitive dust emissions, the City require contractors to comply with SCAQMD Rule 403 requirements. p. 2-19 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
AQ-15: Use of lighter colored pavement where feasible. p. 2-19 Section 2.3 Air Quality of ISMND
Resident Engineer,
Contractor
Include during
Final Design ,
Implement
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 9
Menifee Mayor and City Council
December 7, 2022
Page
152 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
during
Construction
AQ-16: Use off-road construction equipment that meets USEPA Tier-3 emissions standards or higher.
p. 2-19 Section 2.3 Air
Quality of ISMND
Resident Engineer,
Contractor
Construction
Biological Resources
BIO-1: Vegetation Clearing. Clearing of natural vegetation will be performed outside of the active breeding season for birds, as defined in the MSHCP (March 1 through June 30) (MSHCP Volume I, Section 7.5.3). If clearing of vegetation needs to occur, a preconstruction nesting bird survey will need to be performed (refer to measure BIO - 18 for the nesting bird survey requirements)
p. 2-25 NES Contractor, Qualified
Biologist
Outside of active
breeding season
or perform
Nesting Bird
Survey.
BIO-2: Dust Control. Active construction areas will be watered regularly to control dust and thus minimize impacts on adjacent vegetation (MSHCP Volume I, Section
7.5.3).
p. 2-25 NES Resident Engineer,
Contractor
Construction
BIO-3: Firefighting Equipment and Preparation. When work is conducted during the fire season (as identified by the Riverside County Fire Department) appropriate fire- fighting equipment (e.g., extinguishers, shovels, water tankers) will be available on the project site during all phases of project construction to help minimize the chance of human-caused wildfires. Shields, protective mats, and/or other fire preventative methods will be used during grinding, welding, and other spark-inducing activities.
Personnel trained in fire hazards, preventative actions, and responses to fires will advise contractors regarding fire risk from all construction-related activities (MSHCP Volume I, Section 7.5.3).
p. 2-25 NES Resident Engineer,
Contractor, Fire Hazard
Professional
Prior to/ During
Construction
BIO-4: Environmental Training. A qualified biologist will conduct a training session for project and construction personnel (MSHCP Volume I, Section 7.5.3) prior to grading. The training will include a description of the species of concern and their habitats, the general provisions of the federal and state Endangered Species Acts (FESA and CESA) and the MSHCP, the need to adhere to the provisions of the acts and the MSHCP, the penalties associated with violating the provisions of the acts, the general measures that are being implemented to conserve the species of concern as they relate to the proposed project, and the access routes to and project site boundaries p. 2-25 NES Qualified Biologist,
Resident Engineer
Prior to Grading
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 10
Menifee Mayor and City Council
December 7, 2022
Page
153 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
within which the project activities must be accomplished (MSHCP Volume I, Appendix C). All sensitive areas will be fenced as presented in measure BIO-6, below BIO-5: Biological Monitoring During Construction. The qualified project biologist will monitor construction activities for the duration of the proposed project to ensure that practicable measures are being employed and avoid incidental disturbance of habitat and species of concern outside the project footprint (MSHCP Volume I, Section 7.5.3). Special attention will be provided to ensure that the environmentally sensitive area (ESA) fencing required in BIO-6 is maintained daily. Additionally, ongoing monitoring and reporting will occur for the duration of the construction activity to ensure implementation of best management practices (BMPs). This will be done in concert with BIO-6, below, which includes the fencing of sensitive areas p. 2-26 NES Qualified Biologist,
Resident Engineer
Construction
BIO-6: Installation of ESA Fencing. Construction personnel will strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) will be the minimal area necessary to complete the proposed project and will be specified in the construction plans. Construction limits adjacent to sensitive resource areas will be demarcated using ESA fencing (e.g., orange snow screen). The ESA fencing will be reviewed at least weekly by the biological monitor (as indicated in BIO-5) until the completion of all construction activities. Employees will be instructed that their activities are restricted to the construction areas (MSHCP Volume I, Appendix C). Access to sites will be from pre-existing access routes to the greatest extent possible (MSHCP Volume I, Section 7.5.3, and MSHCP Volume I, Appendix C). ESA exclusionary fencing will be installed by construction personnel under supervision of a biological monitoring. ESA exclusion fencing will be placed no more than five days prior to the initiation of construction and will be removed within five days of the completion of construction activities
p. 2-26 NES Qualified Biologist,
Resident Engineer,
Contractor
Prior to/ During
Construction
BIO-7: Removal of Exotic Plant Species. Exotic plant species removed during construction will be properly handled to prevent sprouting or regrowth (MSHCP Volume I, Section 7.5.3)
p. 2-26 NES Resident Engineer,
Contractor
Construction
BIO-8: Clean Construction Equipment of Mud and Debris. Construction equipment will be cleaned of mud or other debris that may contain invasive plants and/or seeds and inspected to reduce the potential of spreading noxious weeds before mobilizing to the site and before leaving the site during the course of construction. Proof of inspection will be provided to the Project Biologist or Construction Engineer to ensure compliance. Cleaning of equipment will occur at least 300 feet from ESA fencing in a p. 2-26 NES Resident Engineer,
Contractor, Project
Biologist
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 11
Menifee Mayor and City Council
December 7, 2022
Page
154 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
designated area
BIO-9: Guidance on Removal and Disposal of Vegetation. Vegetation will be covered while being carried on trucks, and vegetation materials removed from the site will be disposed of in accordance with applicable laws and regulations p. 2-26 NES Resident Engineer,
Contractor
Construction
BIO-10: Hydro-seeding. Post-construction, any disturbed areas remaining as bare ground will be hydro-seeded with a Caltrans-approved seed mix p. 2-26 NES Resident Engineer,
Contractor
Post
Construction
BIO-11: Site Access. The Permittee (in this case, City of Menifee) will have the right to access and inspect any sites of approved projects for compliance with project approval conditions, including BMPs (MSHCP Volume I, Appendix C). p. 2-26 NES Resident Engineer,
Contractor
Construction
BIO-12: Best Management Practices for Erosion Control and Water Pollution. Plans for water pollution and erosion control will be prepared. The plans will describe sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and use of plant material for erosion control.
Plans will be reviewed and approved by the City of Menifee and Caltrans prior to construction (MSHCP Volume I, Section 7.5.3). The following me asures will be provided:
• Water pollution and erosion control plans will be developed and implemented in accordance with RWQCB requirements (MSHCP Volume I, Appendix C) and will ensure that no fluids or sediment from construction will enter into the ESA fenced areas. • New surface flows will be treated prior to reaching waterways. • Sediment and erosion control measures will be implemented until such time soils are determined to be successfully stabilized (MSHCP Volume I, Section 7.5.3).
• No erodible materials will be deposited into watercourses or areas demarcated with ESA fencing. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks (MSHCP Volume I, Section 7.5.3, and MSHCP Volume I, Appendix C).
• If streamflows must be diverted, the diversions will be conducted p. 2-26 NES Resident Engineer,
Contractor
Prior to/ During
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 12
Menifee Mayor and City Council
December 7, 2022
Page
155 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials will be installed at the downstream end of construction activity to minimize the transport of sediments off-site. Settling ponds where sediment is collected will be cleaned out in a manner that prevents the sediment from reentering the stream. Care will be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream (MSHCP Volume I, Section 7.5.3, MSHCP Volume I, Appendix C). Short-term diversions will consider effects on wildlife (MSHCP Volume I, Section 7.5.3).
• Equipment storage, fueling, and staging areas will be located on non- sensitive upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats (MSHCP Volume I, Section
7.5.3, and MSHCP Volume I, Appendix C). These designated areas will be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary precautions will be taken to prevent the release of cement or other toxic substances into surface waters. Project-related spills of hazardous materials will be reported to appropriate entities, including, but not limited to, the applicable jurisdictional city, USFWS, CDFW, and the RWQCB, and will be cleaned up immediately and contaminated soils removed to approved disposal areas (MSHCP Volume I, Appendix C).
All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other toxic substances will occur only in designated areas within the proposed grading limits of the project site. These designated areas will be clearly marked and located in such a manner as to contain runoff (MSHCP Volume I, Section 7.5.3).
BIO-13: Demarcating Jurisdictional Features for Avoidance. The limits of disturbance, including the upstream, downstream, and lateral extents on either side of any stream (jurisdictional feature) adjacent to the project impact footprint, will be clearly defined and marked in the field. Monitoring personnel (biology) will review the limits of disturbance prior to initiation of construction activities (MSHCP Volume I, Section
7.5.3, and MSHCP Volume I, Appendix C). The upstream and downstream limits of project disturbance plus the lateral limits of disturbance on either side of the stream (jurisdictional feature) will be clearly defined and marked in the field, incl uding ESA fencing installed during construction to ensure avoidance of jurisdictional areas and p. 2-27 NES Resident Engineer,
Contractor, Qualified
Biologist
Prior to/ During
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 13
Menifee Mayor and City Council
December 7, 2022
Page
156 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
marsh habitat. Monitoring personnel will review the limits of disturbance prior to initiation of construction activities
BIO-14: Determination of Biological or Environmentally Superior Preservation (DBESP). The DBESP addresses riparian -riverine resources. A DBESP report that provides analysis of direct and indirect impacts, avoidance, minimization, and compensatory mitigation, alon g with the functions and values of the resources being affected as related to MSHCP covered species will be prepared and submitted to RCA, USFWS, and CDFW for review, prior to project approval
p. 2-28 NES Resident Engineer,
Qualified Biologist
Prior to approval
BIO-15: Mitigation for Riparian -Riverine Resources. Compensation of permanent impacts on riparian -riverine resources would occur at a minimum 1:1 for riparian and ephemeral drainages. The compensation can be a combination of enhancement, restoration, and/or creation as long as there is no let loss of riparian -riverine resources.
This means that at the very least the amount of riparian -riverine removed and the amount being created must be at a 1:1 ratio. The remaining compensation can occur as enhancement and resto ration. Compensatory mitigation should be coordinated with CWA 401 and 404 permitting and CDFW 1602 Streambed Alteration Agreement acquisition to ensure efficiencies with the mitigation effort. Details of this compensation will be provided in the DBESP (me asure BIO -14). Final mitigation ratios will be determined after consultation with USACE, RWQCB, USFWS, and CDFW. The Permittee may purchase mitigation bank credits through the Riverside- Corona Resources Conservation District In -lieu Fee Program, Santa Ana Watershed Association, and/or creation of riparian -riverine resources, including federal and state jurisdictional water resources within the proposed project’s watershed p. 2-28 NES Resident Engineer,
Qualified Biologist
During 401, 404,
1602 permitting.
Consult with
USACE,
RWQCB,
USFWS, and
CDFW
BIO-16: Disposal of Trash. To avoid attracting predators of the special -status species, the project site will be kept as clean of debris as possible. All food related trash items will be enclosed in sealed containers and regularly removed from the site(s) (MSHCP Volume I, Appendix C)
p. 2-28 NES Resident Engineer,
Contractor
Construction
BIO-17: Burrowing Owl Preconstruction Survey. A burrowing owl preconstruction survey will be performed within 30 days prior to ground disturbance. The preconstruction survey area will consist of the limits of disturbance (LOD) area and a 300-ft, where accessible.
If burrowing owl are found, an avoidance buffer of a minimum 200 -ft during the p. 2-28 NES Qualified Biologist 30 days prior to
ground
disturbance.
During owl
breeding season.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 14
Menifee Mayor and City Council
December 7, 2022
Page
157 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
nonbreeding season and 300-ft buffer during the breeding season would be established around the occupied burrow. On- going burrow monitoring will occur to ensure the established buffers are adequate to avoid disturbance to the species and can be increased if needed. Continued monitoring will occur until the burrow is determined to be inactive. If feasible, passive relocation by a qualified ornithologist may occur after coordination with the Regional Conservation Authority (RCA) and CDFW BIO-18: Preconstruction Survey for Nesting Bird. If construction commences during the bird breeding season (defined as March 15 through September 15), a preconstruction survey will occur within three days prior to construction activities by an experienced ornith ologist. The survey will occur within all suitable nesting habitat within the LOD and a 300 -foot buffer, as access is allowed. If nesting birds are found, a 100- foot (or a width determined through coordination with the wildlife agencies) avoidance area wil l be established around the nest until a qualified ornithologist has determined that young have fledged or nesting activities have ceased. If nesting listed species are detected, the wildlife agencies will be contacted and a 500 - foot (or a
distance determi ned through coordination with the wildlife agencies) avoidance area will be established around the nest until a qualified ornithologist has determined that young have fledged or nesting activities have ceased
p. 2-28 NES Qualified Biologist Within 3 days
prior to
construction,
during bird
breeding season.
BIO-19: Fairy Shrimp Habitat Avoidance. If it is determined that listed fairy shrimp are present within the LOD, all suitable fairy shrimp habitat must be fully avoided during construction. All suitable fairy shrimp habitat areas will be fenced as presented in BIO-6. If full avoidance is not feasible BIO-14 must be satisfied p. 2-29 NES Qualified Biologist,
Contractor
Construction
BIO-20: Equipment Placement Restrictions. During construction, the placement of equipment within a stream or on adjacent banks or adjacent upland habitats occupied by MSHCP covered species that are outside of the project footprint will be avoided (MSHCP Volume I, Section 7.5.3, and MSHCP Volume I, Appendix C) p. 2-29 NES Resident Engineer,
Contractor
Construction
BIO-21: Preconstruction Survey for Rare Plants and Avoidance. A preconstruction survey will occur for rare plants within the LOD and a 50 -foot buffer prior to the staging or ground disturbance activities. Specifically the qualified biologist will survey for chaparral sand-verbena, saltspring checkerbloom, and San Bernardino aster. If any of these are found and full avoidance is feasible, ESA fencing (BIO -6) will be placed around the plant population. If avoidance is not feasible, the population will be mapped and seeds will be collected by a qualified biologist with a scientific collection p. 2-29 NES Qualified Biologist Prior to staging
or ground
disturbance
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 15
Menifee Mayor and City Council
December 7, 2022
Page
158 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
permit prior to any ground disturbance.
Cultural Resources
CR-1: If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the “most likely descendant”. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Public Works/Engineering Director.
p. 2-32 ASR Resident Engineer,
Contractor
All ground
disturbing
activities,
Construction
CR-2: If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed.
Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). - All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Public Works/Engineering Director to discuss the significance of the find. - At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Public Works/Engineering Director, as to the appropriate mitigation (documentation, recovery, p. 2-32 ASR Resident Engineer,
Contractor
All ground
disturbing
activities,
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 16
Menifee Mayor and City Council
December 7, 2022
Page
159 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
avoidance, etc.) for the cultural resources.
- Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation.
- Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the project property so they are not subject to further disturbance in perpetuity. - Pursuant to California Public Resources Code §21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance of the mitigation for the archaeological or cultural resources, these issues will be presented to the Public Works/Engineering Director for decision. The Public Works/Engineering Director shall make the determination based on the provisions of CEQA with respect to archaeological resources, recommendations of the project archaeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the Public Works/Engineering Director shall be appealable to the City Planning Commission and/or the City Council.
CR-3 Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the representative(s) from the Pechanga Tribe shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Pechanga Tribal representative(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, p. 2-33 Environmental
Document
Resident Engineer,
Community
Development
Department,
Contractor/ Developer/
Permit holder
Prior to issuance
of grading
permit. During
construction.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 17
Menifee Mayor and City Council
December 7, 2022
Page
160 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Pechanga Tribal representative(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.
Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Pechanga Tribe and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources.
CR-4 Native American Monitoring (Pechanga). A Tribal Monitor shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified Tribal Monitor from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 C.F.R. 79. The Applicant/Permittee shall be responsible for all curation costs
p. 2-33 Environmental
Document
City Representative,
Resident Engineer,
Contractor.
Prior to issuance
of grading permit
submit copy of
signed contract.
During all
ground
disturbing
activities,
monitor required.
CR-5 Non-disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant p. 2-33 Environmental
Document
City Representative,
Resident Engineer,
Contractor.
During discovery
of reburial site,
human remains,
or associated
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 18
Menifee Mayor and City Council
December 7, 2022
Page
161 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
to the specific exemption set forth in California Government Code 6254 (r), parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
grave goods.
CR-6 If buried cultural resources are encountered during project activities, it is Caltrans policy that work stop in that area until a qualified archaeologist can evaluate the nature and significance of the find.
p. 2-33 ASR Resident Engineer,
Contractor
During project
activities
CR-7 In the event that human remains are found, the County Coroner shall be notified and all construction activities within 60 feet of the discovery shall stop. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLD). The person who discovered the remains will contact the District 8 Division of Environmental Planning; Gabrielle Duff, DEBC at (909) 383-6933 and Gary Jones, DNAC at (909) 383-7505. Further provisions of PRC 5097.98 are to be followed as applicable. p. 2-33 ASR Resident Engineer,
Contractor
During project
activities
Paleontology
PALEO-1: In areas of high sensitivity for paleontological resources, each project shall retain a qualified paleontologist to monitoring ground disturbing activity. Should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the City of Menifee Community Development Director is satisfied that adequate provisions are in place to protect these resources.
Unanticipated discoveries shall be evaluated for significance by a professional paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director.
p. 2-33 ASR Qualified
Paleontologist, City of
Menifee Community
Development Director
Ground
disturbing
activities
Geology and Soils
Refer to WQ-1 through WQ-4.
Hazards and Hazardous Materials
HAZ-1: To avoid impacts from pavement striping during construction, testing and p. 2-41 Section 2.8 of Resident Engineer, Prior to
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 19
Menifee Mayor and City Council
December 7, 2022
Page
162 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
removal requirements for yellow striping and pavement marking materials shall be performed in accordance with applicable regulations and standards.
ISMND Contractor Construction
HAZ-2: In accordance with Section 112 of the Clean Air Act, which established the National Emission Standards for Hazardous Air Pollutants (NESHAP), specific work practices will be followed during demolitions and renovations of all facilities. The regulations require a thorough inspection where the demolition or renovation operation will occur and requires the owner or the operator of the demolition or renovation to notify the appropriate delegated entity (often a state agency) before any demolition, or renovations that contain a certain threshold amount of regulated asbestos-containing material. The rule also requires work practice standards that control asbestos emissions. The project shall comply with all asbestos demolition and removal measures outlined in SCAQMD Rule 403 based on the results of the additional hazardous waste studies are currently under review. Refer to SCAQMD Rule 1403 that specifically addresses asbestos demolition and removal at http://www.aqmd.gov/home/ regulations/compliance/asbestos-demolition-removal. p. 2-41 Section 2.8 of
ISMND
Resident Engineer,
Contractor
Prior to
demolition
Hydrology and Water Quality
WQ-1: Construction site BMPs shall be implemented during construction for controlling potential pollutants on construction sites. The following BMP categories shall be considered and implemented, where feasible: Soil Stabilization Practices; Sediment Control Practices; Tracking Control Practices; Wind Erosion Control; Non- Storm Water Controls; and Waste Management and Material Pollution Controls. p. 2-44 Section 2.9 of
ISMND
Resident Engineer,
Contractor
Final Design
(incorporate
BMPs into
project), Prior to/
during grading
and construction
(Implement
BMPs)
WQ-2: Implement Design Pollution Prevention, Low Impact Development (LID), source control, and treatment control BMPs (where feasible and applicable) in compliance with NPDES permit requirements.
p. 2-44 Section 2.9 of
ISMND
Resident Engineer,
Contractor
Final Design
(incorporate
BMPs into
project), Prior to/
during grading
and construction
(Implement
BMPs)
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 20
Menifee Mayor and City Council
December 7, 2022
Page
163 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
WQ-3: Construction will be scheduled to minimize soil-disturbing work during the rainy season.
p. 2-44 Section 2.9 of
ISMND
Resident Engineer,
Contractor
Construction
WQ-4: A Notice of Intent will be filed with the Santa Ana RWQCB for coverage under the state-wide NPDES permit for construction-related discharges. The contractor will prepare a SWPPP that sets forth the BMPs that will be implemented on site. The BMPs will be implemented to minimize spills and keep potentially contaminated materials used during construction out of the drainage waterways as documented in the SWPPP.
p. 2-44 Section 2.9 of
ISMND
Resident Engineer,
Contractor
Final Design
(incorporate
BMPs into
project), Prior to/
during grading
and construction
(Implement
BMPs)
Noise
NOI-1: The following noise control measures will be incorporated into the project contract specifications in order to minimize construction noise effects. Operation of noise-generating equipment will be permitted from 6:30AM to 7 PM, no construction is permitted on Sunday or national holidays. All noise-producing project equipment and vehicles using internal combustion engines will be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise- reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed “package” equipment (e.g., arc-welders, air compressors) will be equipped with shrouds and noise control features that are readily available for that type of equipment. All mobile or fixed noise-producing equipment used on the project that is regulated for noise output by a local, state, or federal agency will comply with such regulation while in the course of project activity. Electrically powered equipment will be used instead of pneumatic or internal combustion powered equipment, where feasible.
Material stockpiles and mobile equipment staging, parking, and maintenance areas will be located as far as practicable from noise- sensitive receptors.
p. 2-61 Section 2.12 of
ISMND
Resident Engineer,
Contractor
Prior to/ During
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 21
Menifee Mayor and City Council
December 7, 2022
Page
164 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
Construction site and access road speed limits will be established and enforced during the construction period.
The hours of construction, including noisy maintenance activities and all spoils and material transport, will be restricted to the periods and days permitted by the local noise or other applicable ordinance. Noise- producing project activity will comply with local noise control regulations affecting construction activity or obtain exemptions therefrom.
The use of noise-producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only.
No project-related public address or music system will be audible at any adjacent receptor.
The onsite construction supervisor will have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner will be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor.
Furthermore, to minimize the construction noise in areas within Caltrans right of way, Standard Specification 14-8.02 and SSP 14-8.02.
NOI-2: During construction, the City will replace the wooden fence located at 31023 Hanover Lane (receiver M9) with a solid barrier at a height of 6-feet and constructed with the same material as the existing barrier located along Holland Road. p. 2-62 Section 2.12 of
ISMND
Resident Engineer,
Contractor
Construction
Public Services
PS-1: A Traffic Management Plan (TMP) shall be prepared to minimize potential impacts on emergency services and commuters during construction. p. 2-66 Section 2.14 of
ISMND
Resident Engineer,
Contractor
Final Design,
Prior to
Construction
PS-2: Development of circulation and detour plans to minimize impacts on local street circulation. This may include the use of signing and flagging to guide vehicles through and/or around the construction zone. This should be implemented in coordination with Measure PS-1.
p. 2-67 Section 2.14 of
ISMND
Resident Engineer,
Contractor
Final Design,
Construction
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 22
Menifee Mayor and City Council
December 7, 2022
Page
165 of 433
Appendix C: Environmental Commitments Record
Date: (August 2016 )
Project Phase:
PA/ED (DED/FED)
PS&E Submittal
Construction
ENVIRONMENTAL COMMITMENTS RECORD
(Holland Road/Interstate 215 Overcrossing Project)
EA 1F980
PN 0815000087
Avoidance, Minimization, and/or Mitigation Measures
Page # in
Env. Doc.
Environmental
Analysis Source
(Technical
Study,
Environmental
Document,
and/or
Technical
Discipline)
Responsible for
Development and/or
Implementation of
Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s) Taken
to Implement
Measure
Measure
Completed
(Date and
Initials) Remarks
Environmental
Compliance
YES NO
PS-3: Inclusion of detours for bicycles and pedestrians in all areas potentially affected by construction. This should be implemented in coordination with Measure PS -1. p. 2-67 Section 2.14 of
ISMND
Resident Engineer,
Contractor
Final Design,
Construction
PS-4: Coordination with local transit agencies for temporary relocation of routes or bus stops in work zones, as necessary. This should be implemented in coordination with Measure PS-1.
p. 2-67 Section 2.14 of
ISMND
Resident Engineer,
Contractor
Final Design,
Construction
PS-5: The City’s Traffic Engineer will coordinate with the Riverside County Fire Department on potential Primary and Secondary access points and comply with applicable fire and emergency safety measures.
p. 2-67 Section 2.14 of
ISMND
City’s Traffic Engineer,
Contractor
Final Design,
Prior to
Construction,
During
Construction.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 23
Menifee Mayor and City Council
December 7, 2022
Page
166 of 433
Appendix C: Environmental Commitments Record
PERMITS AND AGREEMENTS:
AGENCY Type Issue Date Expiration Date
California Department of Fish and Wildlife Section 1602 Streambed Alteration Agreement Application to be submitted after approval of Environmental Document.
Consistency Review for Biological Resources with the
Western Riverside County Multi-Species Habitat
Conservation Plan (MSHCP).
Provide request to CDFW for MSHCP Consistency
Regional Water Quality Control Board Clean Water Act Section 401 Water Quality Certification Application to be submitted after approval of Environmental Document
U.S. Army Corps of Engineers Clean Water Act Section 404 Nationwide Permit 14 Permit application to be submitted after approval of Environmental Document
Regional Conservation Authority (RCA) MSHCP Consistency Review for Biological Resources Provide request to RCA for MSHCP Consistency.
U.S. Fish and Wildlife Service MSHCP Consistency Review for Biological Resources Provide request to USFWS for MSHCP Consistency Caltrans Encroachment Permit Not yet submitted.
Item Title: 10.10
Holland Road/I-215 Overcrossing Environmental Mitigation Credit Payment Item Page Number: 24
Menifee Mayor and City Council
December 7, 2022
Page
167 of 433
CITY OF MENIFEE
SUBJECT: Agreement with B Riley Advisory Services for Business Continuity & Disaster Recovery Plan (Information Systems) Development and Production
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst
REVIEWED BY: Ron Puccinelli, Information Technology Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Approve and authorize the City Manager to execute a professional services agreement with B Riley Advisory Services for the development and production of a Business Continuity and Disaster Recovery Plan in an amount not-to-exceed $139,500.
DISCUSSION
The City’s Information Technology Department is responsible for the design, development, implementation, support, and management of the city’s computer-based information systems.
This includes a focus on software applications and computer hardware, for the purpose of converting, storing, protecting, processing, transmitting, and securely retrieving information. As the City of Menifee continues to grow and provide more services to its citizens, it is imperative that we develop a business continuity and disaster recovery plan to reduce the damage or disruption to our systems and recover as quickly as possible in the event of a disaster that leads to system failures.
Accordingly, city staff issued a Request for Proposals (RFP) No. 2023-2, to engage a qualified agency to assist in the development and production of a robust Disaster Recovery/Business Continuity Plan (DR/BCP). The project when completed, documents and prioritizes the processes and services critical for all City Departments to continue providing service to citizens from a technology standpoint. The scope of work includes identifying applications and systems required, placing the recovery efforts into a priority list, identifying elements needed (staff, vendors, equipment, alternate work locations, and communications) necessary resuming operations after an event occurs.
On August 26, 2022, the City of Menifee issued RFP No. 2023-2 related to the Business Continuity Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
168 of 433
City of Menifee Staff Report
RFP Consultant Bid Award
December 7, 2022
1 3
0 6
and Disaster Recovery Plan effort. Proposal responses were due on September 12, 2022. A total of (5) proposal responses were received. A selection/evaluation committee comprised of internal city staff familiarized and experienced in the requirements of the RFP evaluated and ranked each proposal based on specific criteria and scoring parameters stated in the solicitation. The top two scoring firms were interviewed for final recommendation. An overview of scores is provided in the following chart.
Table 1 – RFP Scores
Firm
Proposal Score
(100 pts
possible)
Interview
Score (100 pts
possible)
Total Score
of Top 2
Cost
Proposal
B Riley Advisory
Services 90.50 82.25 172.75 $139,000
Moss Adams 87.75 69.50 157.25 110,520
SDI Presence 79.00 N/A N/A 49,104(1)
Sentinel Technologies 77.50 N/A N/A 285,412
Virtual Corp 78.25 N/A N/A 368,656
(1) Pricing did not include all components of study, such as remediation of findings, implementation strategies/solutions.
Based on the established evaluation criteria, including the following: qualifications of the firm, work plan/project approach, experience, cost proposal, references, and quality of responsiveness of the proposal, B Riley was identified as the most qualified firm to provide the DR/BCP Plan. B Riley was collectively identified as the best proposal during the proposal and the finalists’ interviews; staff is recommending awarding a professional services agreement to B Riley Advisory Services.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
Funding for the proposed agreement not to exceed $139,500 with B Riley Advisory Services is available within the Fiscal Year 2022/23 budget, within Account No. #110-4115-52800 (Professional Services). No additional budget appropriation(s) would be required for this action.
ATTACHMENTS
1. Professional Services Agreement – B Riley Advisory Services Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
169 of 433
2671/031858-0001
7630421.2 a10/11/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: BUSINESS CONTINUITY & DISASTER RECOVERY PLAN 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 B. RILEY ADVISORY SERVICES, a Individual/Sole Proprietor (“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 December 7, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
170 of 433
2671/031858-0001
7630421.2 a10/11/22 -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 ONE HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($139,500.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
171 of 433
2671/031858-0001
7630421.2 a10/11/22 -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 Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
172 of 433
2671/031858-0001
7630421.2 a10/11/22 -4-
limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
173 of 433
2671/031858-0001
7630421.2 a10/11/22 -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 the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
174 of 433
2671/031858-0001
7630421.2 a10/11/22 -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 include the following reference: CITY OF MENIFEE: BUSINESS CONTINUITY & DISASTER RECOVERY PLAN. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
Page
175 of 433
2671/031858-0001
7630421.2 a10/11/22 -7-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.11
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Duane Lohn (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Ron Puccinelli, Chief Information Officer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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B. RILEY ADVISORY SERVICES
Attn: Duane Lohn
3445 PEACHTREE ROAD, SUITE 1225
ATLANTA, GA 30326
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Ron Puccinelli, Chief Information Officer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Kay Vinson, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Duane Lohn, Senior Management Director
Corey Gooch, Managing Director
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include City of Menifee: Business Continuity & Disaster Recovery Plan in the amount not to exceed ONE HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($139,500.00) as further detailed in the following page(s).
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7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 38
Menifee Mayor and City Council
December 7, 2022
Page
205 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 39
Menifee Mayor and City Council
December 7, 2022
Page
206 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 40
Menifee Mayor and City Council
December 7, 2022
Page
207 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 41
Menifee Mayor and City Council
December 7, 2022
Page
208 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 42
Menifee Mayor and City Council
December 7, 2022
Page
209 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 43
Menifee Mayor and City Council
December 7, 2022
Page
210 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 44
Menifee Mayor and City Council
December 7, 2022
Page
211 of 433
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT A.
Item Title: 10.11
Agreement
with
B
Riley
Advisory
Services
for
Business
Continuity
&
Disaster
Recovery
Plan
(Information
Systems)
Development and Production
Item Page Number: 45
Menifee Mayor and City Council
December 7, 2022
Page
212 of 433
CITY OF MENIFEE
SUBJECT: Lease Extension with Canon Financial Services Inc MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, Information Technology Manager REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a six-month extension and issue Purchase Order (PO) to the existing Canon Financial Services Inc. (Canon) lease agreement for copiers and printers through June 30, 2023.
DISCUSSION
Due to the significant cost and expected duty cycle of most copier and printer equipment, most entities, private and public, lease copier/printers equipment instead of direct purchasing. By leasing the equipment, the entity benefits from spreading the cost of use as monthly payments, and having the equipment be replaced more regularly as it becomes outdated or stops operating.
Beginning 2018, the City of Menifee has entered into a multi-year agreement for copier/printer lease services with Canon. The current lease is set to expire on December 31, 2022, and staff is seeking City Council authorization to extend the existing lease for six-months, through June 30, 2023. The terms and conditions of the original lease remain in effect for the duration of the six- month extension.
In preparing to issue a competitive Request for Proposals (RFP) to assess the current equipment in use, and review replacement and upgrading the current copiers and printers, staff has established a project schedule that factors in internal factors, like a thorough evaluation and selection recommendation process, including but not limited, to proposal reviews, interviews, and demonstrations, and external factors such as current supply chain challenges affecting every manufacturer’s ability to commit to definitive delivery dates before the current lease expiration date. The City’s current copier and printer equipment is still in great working condition with sufficient duty-cycle capacity for the duration of the proposed extension even though the equipment has reached its chronological useful life of five years.
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
213 of 433
City of Menifee Staff Report
Canon Copier Contract Extension
December 7, 2022
1 2
9 1
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The costs of the copier and printer lease are included in the adopted fiscal year 2022/23 budget and no additional appropriation is needed. The full six-month costs are a not-to-exceed amount of $87,000 within the two accounts and includes the cost per page charges. Account numbers 100-4221-52502 and 100-4911-52502 have sufficient funds available for the not-to-exceed amount of $43,500 each for the period January 1, 2023, through June 30, 2023.
ATTACHMENTS
1. Canon Financial Services Inc - Purchase Order (PO)
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
214 of 433
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
DATE PO NUMBER
Authorized Signature
Account Number Amount Account Number Amount
SUBTOTAL
TAX
FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:
VENDOR: SHIP TO:
FOB Point:
Terms:
Req Del Date:
Special Inst:
Req. No:
Dept:
Contact:
Confirming?Contract No:
THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH AT WWW.CITYOFMENIFEE.US ON THE FINANCE DEPARTMENT PAGE. ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. BY ACCEPTING THIS PURCHASE ORDER, SELLER
AGREES IT HAS READ, ACKNOWLEDGED, AND ACCEPTED THE TERMS AND CONDITIONS INCLUDING AGREEING TO (1) MAINTAIN THE REQUIRED INSURANCES SET FORTH IN SECTION 7; AND (2) INDEMNIFY AND HOLD HARMLESS THE CITY, ITS ELECTED AND APPOINTED OFFICIALS,
AGENTS, AND EMPLOYEES, AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, EXPENSES, DAMAGES, COSTS AND LOSSES, ARISING FROM OR IN ANY WAY
CONNECTED WITH THE PERFORMANCE OF OR FAILURE TO PERFORM THIS PURCHASE ORDER AS SET FORTH IN SECTION 9.
04290
NON-DEPARTMENTAL
CANON FINANCIAL SERVICES, INC
14904 COLLECTIONS CENTER DRIVE
NASPO ValuePoint 3091 CA 7-15-70-23; 36 FMV CFS App. #153503 THRU DEC. 31, 2022 (6 MONTHS)
CHICAGO, IL 60693-014
EQUIPMENT LEASE @ $746.26 PER MONTH 4,477.56
(PD) EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATED @ $1500 PER MONTH (PD) 9,000.00000 9,000.00 EXP: DECEMBER 31, 2022
EQUIPMENT LEASE @ $3,715.32 PER MONTH 22,291.92
EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATE @ 2100 PER MONTH EXP: 12,600.00000 12,600.00 DECEMBER 31, 2022
10/27/2022
29844 HAUN ROAD
MENIFEE, CA 92586
Net 30 Days
SARKISSIAN, MICHELLE
No
1 Page 1 /
CITY OF MENIFEE01511
~|OutputTypes:Dms|ID:PO|IDVal:04290|DmsLink:ESAPURCH@@952561|DmsView:toppgpo|~ 2019-0102
ATTN: ACCOUNTS PAYABLE (A/P)
29844 HAUN ROAD
MENIFEE, CA 92586
50,259.48
0.00 48,369.48
CITY OF MENIFEE:
VENDOR COPY
1,890.00
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
215 of 433
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
DATE PO NUMBER
Authorized Signature
Account Number Amount Account Number Amount
SUBTOTAL
TAX
FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:
VENDOR: SHIP TO:
FOB Point:
Terms:
Req Del Date:
Special Inst:
Req. No:
Dept:
Contact:
Confirming?Contract No:
THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH AT WWW.CITYOFMENIFEE.US ON THE FINANCE DEPARTMENT PAGE. ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. BY ACCEPTING THIS PURCHASE ORDER, SELLER
AGREES IT HAS READ, ACKNOWLEDGED, AND ACCEPTED THE TERMS AND CONDITIONS INCLUDING AGREEING TO (1) MAINTAIN THE REQUIRED INSURANCES SET FORTH IN SECTION 7; AND (2) INDEMNIFY AND HOLD HARMLESS THE CITY, ITS ELECTED AND APPOINTED OFFICIALS,
AGENTS, AND EMPLOYEES, AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, EXPENSES, DAMAGES, COSTS AND LOSSES, ARISING FROM OR IN ANY WAY
CONNECTED WITH THE PERFORMANCE OF OR FAILURE TO PERFORM THIS PURCHASE ORDER AS SET FORTH IN SECTION 9.
04290
NON-DEPARTMENTAL
CANON FINANCIAL SERVICES, INC
14904 COLLECTIONS CENTER DRIVE
NASPO ValuePoint 3091 CA 7-15-70-23; 36 FMV CFS App. #153503 THRU DEC. 31, 2022 (6 MONTHS)
CHICAGO, IL 60693-014
EQUIPMENT LEASE @ $746.26 PER MONTH 4,477.56
(PD) EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATED @ $1500 PER MONTH (PD) 9,000.00000 9,000.00 EXP: DECEMBER 31, 2022
EQUIPMENT LEASE @ $3,715.32 PER MONTH 22,291.92
EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATE @ 2100 PER MONTH EXP: 12,600.00000 12,600.00 DECEMBER 31, 2022
10/27/2022
29844 HAUN ROAD
MENIFEE, CA 92586
Net 30 Days
SARKISSIAN, MICHELLE
No
1 Page 1 /
CITY OF MENIFEE01511
~|OutputTypes:Dms|ID:PO|IDVal:04290|DmsLink:ESAPURCH@@952561|DmsView:toppgpo|~ 2019-0102
ATTN: ACCOUNTS PAYABLE (A/P)
29844 HAUN ROAD
MENIFEE, CA 92586
50,259.48
0.00 48,369.48
E 100-4221-52502 35,994.42
E 100-4911-52502 14,265.06
CITY OF MENIFEE:
RECEIVING COPY
1,890.00
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
216 of 433
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
DATE PO NUMBER
Authorized Signature
Account Number Amount Account Number Amount
SUBTOTAL
TAX
FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:
VENDOR: SHIP TO:
FOB Point:
Terms:
Req Del Date:
Special Inst:
Req. No:
Dept:
Contact:
Confirming?Contract No:
THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH AT WWW.CITYOFMENIFEE.US ON THE FINANCE DEPARTMENT PAGE. ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. BY ACCEPTING THIS PURCHASE ORDER, SELLER
AGREES IT HAS READ, ACKNOWLEDGED, AND ACCEPTED THE TERMS AND CONDITIONS INCLUDING AGREEING TO (1) MAINTAIN THE REQUIRED INSURANCES SET FORTH IN SECTION 7; AND (2) INDEMNIFY AND HOLD HARMLESS THE CITY, ITS ELECTED AND APPOINTED OFFICIALS,
AGENTS, AND EMPLOYEES, AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, EXPENSES, DAMAGES, COSTS AND LOSSES, ARISING FROM OR IN ANY WAY
CONNECTED WITH THE PERFORMANCE OF OR FAILURE TO PERFORM THIS PURCHASE ORDER AS SET FORTH IN SECTION 9.
04290
NON-DEPARTMENTAL
CANON FINANCIAL SERVICES, INC
14904 COLLECTIONS CENTER DRIVE
NASPO ValuePoint 3091 CA 7-15-70-23; 36 FMV CFS App. #153503 THRU DEC. 31, 2022 (6 MONTHS)
CHICAGO, IL 60693-014
EQUIPMENT LEASE @ $746.26 PER MONTH 4,477.56
(PD) EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATED @ $1500 PER MONTH (PD) 9,000.00000 9,000.00 EXP: DECEMBER 31, 2022
EQUIPMENT LEASE @ $3,715.32 PER MONTH 22,291.92
EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATE @ 2100 PER MONTH EXP: 12,600.00000 12,600.00 DECEMBER 31, 2022
10/27/2022
29844 HAUN ROAD
MENIFEE, CA 92586
Net 30 Days
SARKISSIAN, MICHELLE
No
1 Page 1 /
CITY OF MENIFEE01511
~|OutputTypes:Dms|ID:PO|IDVal:04290|DmsLink:ESAPURCH@@952561|DmsView:toppgpo|~ 2019-0102
ATTN: ACCOUNTS PAYABLE (A/P)
29844 HAUN ROAD
MENIFEE, CA 92586
50,259.48
0.00 48,369.48
E 100-4221-52502 35,994.42
E 100-4911-52502 14,265.06
CITY OF MENIFEE:
DEPARTMENT COPY
1,890.00
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
217 of 433
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
(951) 672-6777
DATE PO NUMBER
Authorized Signature
Account Number Amount Account Number Amount
SUBTOTAL
TAX
FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:
VENDOR: SHIP TO:
FOB Point:
Terms:
Req Del Date:
Special Inst:
Req. No:
Dept:
Contact:
Confirming?Contract No:
THIS PURCHASE ORDER IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH AT WWW.CITYOFMENIFEE.US ON THE FINANCE DEPARTMENT PAGE. ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. BY ACCEPTING THIS PURCHASE ORDER, SELLER
AGREES IT HAS READ, ACKNOWLEDGED, AND ACCEPTED THE TERMS AND CONDITIONS INCLUDING AGREEING TO (1) MAINTAIN THE REQUIRED INSURANCES SET FORTH IN SECTION 7; AND (2) INDEMNIFY AND HOLD HARMLESS THE CITY, ITS ELECTED AND APPOINTED OFFICIALS,
AGENTS, AND EMPLOYEES, AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, EXPENSES, DAMAGES, COSTS AND LOSSES, ARISING FROM OR IN ANY WAY
CONNECTED WITH THE PERFORMANCE OF OR FAILURE TO PERFORM THIS PURCHASE ORDER AS SET FORTH IN SECTION 9.
04290
NON-DEPARTMENTAL
CANON FINANCIAL SERVICES, INC
14904 COLLECTIONS CENTER DRIVE
NASPO ValuePoint 3091 CA 7-15-70-23; 36 FMV CFS App. #153503 THRU DEC. 31, 2022 (6 MONTHS)
CHICAGO, IL 60693-014
EQUIPMENT LEASE @ $746.26 PER MONTH 4,477.56
(PD) EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATED @ $1500 PER MONTH (PD) 9,000.00000 9,000.00 EXP: DECEMBER 31, 2022
EQUIPMENT LEASE @ $3,715.32 PER MONTH 22,291.92
EXP: DECEMBER 31, 2022
1.00 USAGE ESTIMATE @ 2100 PER MONTH EXP: 12,600.00000 12,600.00 DECEMBER 31, 2022
10/27/2022
29844 HAUN ROAD
MENIFEE, CA 92586
Net 30 Days
SARKISSIAN, MICHELLE
No
1 Page 1 /
CITY OF MENIFEE01511
~|OutputTypes:Dms|ID:PO|IDVal:04290|DmsLink:ESAPURCH@@952561|DmsView:toppgpo|~ 2019-0102
ATTN: ACCOUNTS PAYABLE (A/P)
29844 HAUN ROAD
MENIFEE, CA 92586
50,259.48
0.00 48,369.48
E 100-4221-52502 35,994.42
E 100-4911-52502 14,265.06
CITY OF MENIFEE:
FILE COPY
1,890.00
Item Title: 10.12
Lease Extension with Canon Financial Services Inc
Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
218 of 433
CITY OF MENIFEE
SUBJECT: Street Sweeping Equipment Lease Extension and Equipment Purchase
MEETING DATE: December 7, 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. Authorize the City Manager to exercise the option to continue to lease street sweeping equipment from Kellar Equipment on a month-to-month basis per the existing lease agreement and beginning January 1, 2023; and
2. Approve the purchase of a used 2016 TYMCO 600 Series CNG Street Sweeper in an amount not-to-exceed $246,687.50 including taxes, title transfer fees and delivery, and authorize the City Manager to issue a purchase order in support of the purchase; and
3. Authorize the purchase of this equipment pursuant to City of Menifee Municipal Code Section
3.12.070 A (4), waiving formal bidding requirements under the Purchasing Officer’s determination that due to the nature of the equipment, formal bidding is not likely to result in a lower price; and
4. Approve a budget adjustment resolution appropriating $250,000 from General Facilities Development Impact Fee Fund 524 available fund balance to Account 524-4550-53155 for the purchase of the street sweeping equipment and payment of any title transfer fees.
DISCUSSION
The City of Menifee is responsible for administering a street sweeping program to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit by removing pollutants, debris and sediments on the City streets which otherwise might enter the storm drain system. Prior to City incorporation, the street sweeping services for existing streets within the Menifee community were provided and managed by the County of Riverside through County Service Area 152 (CSA 152); a Special Assessment District which levies annual assessments via property taxes to fund the sweeping services within these boundaries. Streets Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
219 of 433
City of Menifee Staff Report
Street Sweeping Equipment Update
December 7, 2022
1 3
1 9
originally included in CSA 152 continue to be serviced through the County’s current street sweeping contractor.
The Public Works Operations Division have been renting sweeping equipment and performing in- house street sweeping services in areas of City’s responsibility since mid-August. The original equipment lease agreement attached was entered into on August 8, 2022, on a month-to-month basis, and at a rate of $12,500 per month (plus any applicable state or local taxes). On September 21, 2022, Council approved the extension of this agreement through December 31, 2022, to allow staff to comprehensively evaluate the most cost-effective approach for providing services into the future.
Over the past several months, Public Works staff has continued to provide street sweeping services in City serviced areas. Data collected during that period was assessed and used to evaluate options for continuing to provide sweeping service into the future. At the November 16, 2022, City Council meeting, the following three options for continued street sweeping were presented for discussion:
Option No. 1 - Continue in-house provision of street sweeping services with rented equipment.
Option No. 2 - Continue in-house provision of street sweeping services and purchase new or used sweeping equipment.
Option No. 3 - Contract with Clean Streets to provide street sweeping services to City areas of responsibility by “piggy-backing” from the County’s recently awarded contract.
Following staff’s presentation of the options above, it was the consensus of the City Council that staff return with a recommendation for implementation of Option No. 2 to continue providing sweeping services in-house. This option, as discussed, included moving forward with the purchase of a used street sweeper immediately, eliminating the high monthly cost of renting equipment, and consideration for purchase of a new street sweeper through the FY 2023/2024 budget process.
Staff has researched several heavy equipment auction sites and inquired with several sweeper manufacturers in seeking used equipment that met the following equipment needs of the City:
1. Equipment purchased must be a model 2016 or newer to ensure that four years of useful life can be expected from the equipment, as sweeping equipment have a useful life expectancy of 10 years. This is critical as the equipment would be used daily as a front line vehicle for a minimum of two years while the purchase of new sweeping equipment is considered and, if approved for purchase, manufactured. The used sweeper would continue to serve as a reserve vehicle for emergency use and as back-up for any new sweeper added to the fleet for its remaining useful life.
2. Equipment must be a compressed natural gas (CNG) alternative fuel vehicle to maintain compliance with current Air Quality Management District (AQMD) rules related to use of heavy-duty on-road fleet vehicles.
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
220 of 433
City of Menifee Staff Report
Street Sweeping Equipment Update
December 7, 2022
1 3
1 9
3. Expedited delivery of the equipment is also critical as the lead time for delivery determines the City’s ability to eliminate ongoing rental costs and preserve existing operational sweeping budgets. Current budgets were established for FY 2022/2023 based on the less expensive, non-prevailing wage rate contracts.
4. A warranty must be provided for the equipment.
While used street sweeping equipment is available, most of the used equipment inventory available for resale has exceeded the useful life of 10 years and does not meet AQMD alternative fuel requirements for municipal fleet use.
Staff was successful in locating a single vendor, TYMCO, who currently has two used 2016 TYMCO 600 Series CNG Street Sweepers available that were previously utilized by a municipality and have been maintained and serviced regularly. TYMCO has expressed that due to the demand for sweeping equipment, there are several potential buyers currently inquiring about these two units. The attached quote from TYMCO provides purchase of one of the available units for the total purchase price of $246,687.50, including taxes, title transfer, and delivery fees.
Given the challenge of locating used sweeping equipment that meets the City’s current needs, the ability to purchase one of these TYMCO units is a timely opportunity. Due to the uniqueness of the TYMCO used equipment in meeting the City’s requirements, and current availability of equipment, the purchase is being recommended absent of formal bidding pursuant to the City of Menifee Municipal Code Section 3.12.070 A (4) which states:
A. The bidding requirements set forth in this chapter may be waived, at the discretion of the Purchasing Officer, when any of the following is applicable:
(4) “The Purchasing Officer determines that due to the nature of the supplies or equipment, formal bidding is not likely to result in the lowest price” The City Manager, as the Purchasing Officer, has reviewed the details of this equipment purchase request and is in support of procuring this equipment absent of conducting a formal bid process, pursuant to the Municipal Code Section above.
Until such time as a street sweeper is purchased, the currently leased street sweeper is needed to ensure continuity of street sweeping services. The current lease agreement expires on December 31, 2022; however, the agreement does allow for the lease to be extended on a month- to-month term beyond that date. If the purchase of the used 2016 TYMCO street sweeper is approved, staff anticipates delivery of the unit within 60-days. Once the street sweeper equipment has been purchased, delivered, and is actively in service, the rented sweeper unit would be returned, and the lease agreement terminated.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
221 of 433
City of Menifee Staff Report
Street Sweeping Equipment Update
December 7, 2022
1 3
1 9
FISCAL IMPACT
There is no general fund fiscal impact associated with this item. Funding to support the extended rental of the street sweeper equipment is available in approved FY 2022/2023 Gas Tax operating budget in Street Sweeping account 200-4552-52700 and would be $12,500 per month. The purchase of a used street sweeper is an eligible expense for use of General Facilities Development Impact Fee (DIF) funds, Fund 524. The attached Budget Adjustment Resolution (BAR) would appropriate $250,000 from General Facilities DIF available fund balance to support all costs associated with the purchase and delivery of one used street sweeper, within Account# 524-4550-53155. Associated maintenance costs (fuel, repairs, etc.) would be incorporated as part of the annual fleet maintenance budget.
ATTACHMENTS
1. Mar-Co Equipment Company Quote #0822060
2. Original Kellar Equipment - Lease Agreement (1-month lease)
3. Lease Agreement Extension
4. Budget Adjustment Resolution (BAR)
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
222 of 433
MAR-CO EQUIPMENT COMPANY
130 Atlantic Street
Pomona, CA 91768
800-423-6220
www.marcoequip.com
Date: 11/28/2022
Quote #:0822060
City of Menifee
27860 Bradley Road
Menifee Ca. 92586
Tyler Fife
951-746-7138
TYMCO 600 CNG Regenerative Air Sweeper
6 yard usable hopper
87 inch pick up head
220 gallons of water
Freightliner M2 112
Neil Feinberg
Territory Manager
909-524-8260
[email protected]
Qty Item # Name Price Total
1 600 2016 TYMCO 600 CNG Regenerative Air Sweeper$225,000.00 $225,000.00 Auxiliary Hydraulic system Included
Gutter Broom Tilt Adjuster (Right and Left Side Only)Included Varible Speed Gutter Broom Included
Low Emissions Package Included
Abrasion Protection Package Included
Dump Switch (In-Cab) Included
Hydrant Wrench Included
Broom Assist Pick Up Head Included
Pick-up Head Curtain Lifter Included
Hopper Drain Included
ASI- Auto Sweep Interupt Included
Chassis Section
1 FL112 2016 Freightliner M2 112 CNG Included
LED Traffic Directing Light Included
Warranty: 90 Days (Sweeper only) Included
Estimated DMV Fees Included $2,000.00
1 Freight Manufacturers In Bound Freight FOB Destination Included Sub Total $227,000.00
California state tire and battery fee Included
Taxes 8.750% $19,687.50
TOTAL $246,687.50
Customer Authorization Signature
X
Office Use Only:
Thank you for your business.
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
223 of 433
EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at _29844 Haun Rd, Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
1 month lease, beginning August 8, 2022. Lessee has the option to lease month to month thereafter up to $24,999.99 in aggregate. A month is defined as a calendar month not to exceed 160 hours in any given
month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at _27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at _27860 Bradley Rd, Menifee, CA 92586. Normal adjustments per manufacturer recommended intervals will be the responsibi lity of Kellar Equipment and performed at _27860 Bradley Rd, Menifee, CA 92586. If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment. All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease (plus applicable state and local sales taxes) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at DocuSign Envelope ID: EAD7F64D-ED7B-44F2-BF98-62C81A4AA769 DocuSign Envelope ID: EEA52340-9958-4E4E-A752-1F2E22F6BD65 Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 6
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the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery
Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and DocuSign Envelope ID: EAD7F64D-ED7B-44F2-BF98-62C81A4AA769 DocuSign Envelope ID: EEA52340-9958-4E4E-A752-1F2E22F6BD65 Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 7
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property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
DocuSign Envelope ID: EAD7F64D-ED7B-44F2-BF98-62C81A4AA769 DocuSign Envelope ID: EEA52340-9958-4E4E-A752-1F2E22F6BD65 Item Title: 10.13
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Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date
Pick up Date
LESSEE
By: City of Menifee
Name: Armando G. Villa
Title: City Manager
Signature:
Date:
Purchase Order Number:
Kellar Equipment By:
Name: Cy Kellar
Title: President
Signature:
Date:
DocuSign Envelope ID: EAD7F64D-ED7B-44F2-BF98-62C81A4AA769 8/11/2022
DocuSign Envelope ID: EEA52340-9958-4E4E-A752-1F2E22F6BD65 8/16/2022
Item Title: 10.13
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EQUIPMENT BARE LEASE AGREEMENT
This “Agreement” is made by and between Kellar Equipment located at 34075 Avenue J, Yucaipa, CA 92399 and City of Menifee located at 29844 Haun Rd. Menifee, CA 92586 (hereinafter referred to as “Lessee”).
The parties involved agree to the following:
1. Equipment / Term: Kellar Equipment in consideration of the satisfactory performance of the terms and conditions of this “Agreement”, grants to Lessee the right to use a 2016 INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER, during the following dates and times:
4 month lease, beginning September 8, 2022 and ending December 31, 2022. Lessee has the option to lease month to month thereafter. A month is defined as a calendar month not to exceed 160 hours in any given month. Additional hours will be pro-rated and charged at $50.00 per hour for every hour over 160 hours in any given month. Equipment will be billed upon acceptance of the equipment and at the start of each subsequent month. Payment is due within 15 days of bill date. If payment is 30 days past due, the agreement will be terminated.
2. Rights and Responsibilities of Lessee: Lessee shall have the following rights, privileges, and responsibilities:
Use of the Equipment based on the criteria agreed upon above in section 1. Kellar Equipment will deliver the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER at the beginning of the rental term. Lessee must make sure the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER remains at the Lessee’s job address located at 27860 Bradley Rd, Menifee, CA 92586 unless otherwise granted by Kellar Equipment.
Routine engine maintenance (including necessary filters and fluids) will be the responsibility of Kellar Equipment to be done on-site at 27860 Bradley Rd, Menifee, CA 92586 .
Normal adjustments per manufacturer recommended intervals will be the responsibility of Kellar Equipment and performed at 27860 Bradley Rd, Menifee, CA 92586 . If it is unreasonable to perform maintenance at this location, Kellar may move and return the equipment.
All consumable replacements will be the responsibility of Lessee. IE gutter brooms, main brooms, elevator flight rubbers, fuel, def fluid, etc.
Lessee is responsible for providing an operator for the leased equipment as well as maintaining appropriate insurance detailed in #6.
3. Direct Expenses: Lessee shall reimburse Kellar Equipment for all direct expenses associated with Lessee’s use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER. Such direct expenses shall include:
i. Equipment use = $12,500.00 monthly lease ( plus applicable state and local sales taxes ) Rates are based on 8 hours per day, five days per week (during any given month), not to exceed 160 hours total per month ii. Repair of INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER if damaged due to Lessee’s misuse.
iii. Parts worn out due to Lessees use except for routine engine maintenance items iv. Any damages caused by Lessee will be repaired as needed by Kellar Equipment’s desired vendor and billed at their current labor and parts rates at DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 10
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the vendor’s location.
v. $500 cleaning fee for vehicles returned dirty
vi. $150 fuel charge if unit is returned with less fuel than at the time of delivery Section 3. Initial
4. Care of Equipment: Lessee shall take the necessary steps to assure that Lessee, it’s employees, agents, represented, guests and invites shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER shall be in any manner injured, marred or defaced. Damages caused by improper fueling (IE def fluid in diesel tank, diesel fuel in def fluid tank) will be charged to Lessee. All fluids and tire pressures must be checked before each shift. Damages caused by negligence of the Lessee will be charged to Lessee. Lessee will have the opportunity to inspect the equipment at delivery and sign off as to its condition. Any damage due to Lessee’s misuse upon return will be the responsibility of Lessee.
Section 4. Initial
5. Indemnification / Hold Harmless: Lessee shall indemnify and hold Kellar Equipment harmless of and from any and all loss, damage or injury to any person or persons, or property, arising from or connected with the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER or Lessee’s use thereof. Lessee further agrees to waive all claims against Kellar Equipment on account of any loss, damage, or injury from whatever cause which may occur to Lessee or its employees, agents, representatives, guest and invites in the use of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER.
Lessee further agrees to indemnify Kellar Equipment for any damage done to the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER during Lessee’s use of the same.
6. Insurance:
1. Lessee shall, at its own expense, procure and maintain Commercial General Liability, Business Automobile, Excess Liability and Workers’ Compensation coverage issued by companies satisfactory to Kellar Equipment. Lessor shall be named as an Additional Insured on Lessee’s Commercial General Liability (endorsement required CG2026 07/04 or equivalent), Business Automobile and Excess Liability policies and Loss Payee with respect to Hired Automobile Physical Damage coverage for the full stated value of the INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO 500X STREET SWEEPER on Lessee’s Business Automobile policy. Lessee’s Commercial General Liability, Business Automobile and Excess Liability policies insurance is to be primary and non-contributory with any insurance maintained by Lessee. Certificate(s) of insurance including additional insured, loss payee, primary/non-contributory and waiver of subrogation endorsements obtained by Lessee are to be in force for the length of the Lease Term.
2. The limits of liability shall not be less than the following. If Lessee carries higher limits than specified, then those limits shall apply and not be limited by the minimum requirements specified herein.
a. Commercial General Liability coverage (“CGL”) with Limits of Liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, including contractual liability for bodily injury and property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee
b. Automobile Liability with limits of at least $1,000,000 Combined Single Limit c. Hired Automobile Physical Damage Coverage for a minimum limit of $120,000. Certificate must reflect the Hired Automobile Physical Damage Deductibles d. Workers Compensation/Employer’s Liability with limits of at least $1,000,000 each accident for bodily injury by accident/$1,000,000 policy limit for bodily injury by disease/$1,000,000 each employee for bodily injury by disease.
e. Umbrella/Excess Liability coverage on a “follow form” basis (including additional insured, primary/non-contributory and waiver of subrogation endorsements) with Limits of Liability not less than $3,000,000 each occurrence, including contractual liability for bodily injury and DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 11
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property damage indemnity obligations. Coverage shall not contain any action-over exclusions or limitations precluding indemnity for injury to an employee of Lessee. f. Inland Marine Liability coverage for leased equipment.
3. The certificate holder/additional insured must
read:
Kellar Equipment
34075 Avenue J
Yucaipa, CA 92399
DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 12
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Leased Equipment Description:
Model INTERNATIONAL 4300 VIN#1HTMMAAN0GH746677 TYMCO
500X STREET SWEEPER
Delivery Date _____________
Pick up Date _____________
LESSEE
By:
Name:
Title:
Signature:
Date:
Purchase Order Number:
Kellar Equipment
By:
Name:
Title:
Signature:
Date:
Kellar Equipment
Cy Kellar
President
City of Menifee
Armando G. Villa
City Manager
DocuSign Envelope ID: CB835146-B0BD-41D9-B535-546B4690B67D 10/14/2022
DocuSign Envelope ID: 18EFED60-3F44-4A77-98DD-2CD06ECC0735 10/17/2022
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 13
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RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/2023 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the Fiscal Year (FY) 2022/2023 with Resolution No. 22-1157 on June 1, 2022; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2022/2023 Budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
DIF Fund 524 Adopted FY 2022/2023 Revenue Budget: $403,500
1. Record Appropriation(s)
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:
Amended DIF Fund 524 FY 2022/2023 Revenue Budget: $403,500 DIF Fund 524 Adopted FY 2022/2023 Expenditure Budget: $1,000,000
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
September 21,
2022 CSD Ford Passenger Van 524-4550-53155 $12,666
December 7, 2022 Public Works Street Sweeper 524-4550-53155 250,000 TOTAL: $262,666
Amended DIF Fund 524 FY 2022/2023 Expenditure Budget: $1,262,666
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
Item Title: 10.13
Street Sweeping Equipment Lease Extension and Equipment Purchase Item Page Number: 14
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Amending the FY 2022/2023 DIF Fund 524 Budget
Public Works Street Sweeper
2 4
6 0
2 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the DIF Fund 524 for the City of Menifee for FY 2022/2023 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Amended DIF Fund 524 FY 2022/2023 Budget: $403,500
Expenditures:
Public Works Street Sweeper $250,000
Amended DIF Fund 524 FY 2022/2023 Budget: $1,262,666
PASSED, APPROVED AND ADOPTED this 7th day of December 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.13
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CITY OF MENIFEE
SUBJECT: Change Order No. 2 to Ageement with Sky Technology Solutions for Council Chambers Audio Visual System
Improvements
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst
REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Approve change order No. 2 for the owner contractor agreement with Sky Technology Solutions increasing the contract amount by $11,912.85 for a revised total amount of $34,562.93.
DISCUSSION
Public meetings and events are regularly held and have taken place in the Menifee City Council Chambers since the relocation of City Hall in 2019. The priority of the Information Technology Department (IT) is to make the meetings and events readily available for community engagement.
This is accomplished through the live-streaming, recording, and storage of media files that are later made available in the form of videos to the public for on-demand viewing on the City’s website. Given the events of the COVID-19 pandemic and the forced closures, the need to provide these services to the public has never been more important. It is essential to have a reliable and expanded Audio Visual system to make these meetings and events accessible to the public.
In 2021, the AV system began to experience various operational challenges. These challenges created difficulties in being able to effectively conduct meetings and produce quality video streams for the public. An onsite assessment found several issues in our systems, which included problems with our microphone system, audio feeds, cabling, network switch, video switcher, and dais lighting. A owner contractor agreement in the amount of $22,650.08 was approved with Sky Technology Solutions for the cabling needed to support the AV system improvements. Due to unforeseen room scheduling conflicts additional time was needed to allow work to be completed.
Change order No. 1 was approved for 60 additional working days and did not require additional scope or compensation. During the cabling work, additional cabling needs were discovered and necessary to successfully complete the project. Consequently, a second change order is needed for additional cabling and materials. With change order No. 2, the project cost will increase by Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 1
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City of Menifee Staff Report
Sky Technologies Change Order No. 2
December 7, 2022
1 2
9 3
$11,912.85 for a new not to exceed total amount of $34,562.93. Pursuant to the City’s municipal code, change orders exceeding 10% or $25,000 require City Council approval.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
Funding for the proposed agreements with consultant(s) is available within the Fiscal Year 2022/23 budget, under Account No. 110-4115-52800 (Professional Services). No additional budget appropriation(s) would be required for this action.
ATTACHMENTS
1. Change Order No. 2
2. Change Order No. 1
3. Executed Agreement
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 2
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Sky Technology Solutions, Inc.
# Description Qty Unit Unit cost Extended cost
1 2
3 Cat 6 Data Jack - IDF 13 EA $11.00 $143.00
4 Cat 6 Data Jack - Workstation 13 EA $11.00 $143.00
5 Ceiling J-hook 6 EA $6.00 $36.00
6 Cat 6 Cable 2600 FT $0.75 $1,950.00
7 8
Total Labor $7,460.00
Total Material $2,272.00
Tax $204.48
Shipping $68.16
Bonds $1,908.21
Grand Total $11,912.85
City of Menifee - City Hall AV Change Order
CABLING
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 3
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DocuSign Envelope ID: 201AD619-3DB3-4F61-8BC5-59EE2BBE59CE DocuSign Envelope ID: DB4FDA0D-6E53-4A7E-819B-4C27C472C521 R:\Contracts\2021-22\CM-IT- SKY TECHNOLOGY (CIP 22-05 CABLING IMPROVEMENTS PROJECT)\CHANGE ORDER NO.1\CHANGE ORDER NO. 001
DATE: 9/20/2022
CITY OF MENIFEE
CONTRACT CHANGE ORDER NO. 001
PROJECT DESCRIPTION: CIP 22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM IMPROVEMENTS
PROJECT NO: CIP 22-05 PURCHASE ORDER NO: 03539
CONTRACTOR: SKY TECHNOLOGY SOLUTIONS
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project.
ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL
1 No additional scope or compensation only term is being extended. (See below)
$0.00
2 3
4 5
6 7
8 TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $0.00
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.
JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) Change Order #1 for additional 60 days.
60 additional Working Days will be required to perform this work.
DocuSign Envelope ID: 6B244C80-2996-4045-9341-335B11EBA35F Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 4
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DocuSign Envelope ID: 201AD619-3DB3-4F61-8BC5-59EE2BBE59CE DocuSign Envelope ID: DB4FDA0D-6E53-4A7E-819B-4C27C472C521 R:\Contracts\2021-22\CM-IT- SKY TECHNOLOGY (CIP 22-05 CABLING IMPROVEMENTS PROJECT)\CHANGE ORDER NO.1\CHANGE ORDER NO. 001
Original Contract Amount: $22,650.08
Previous Change Order Amounts: $0.00
Current Change Order Amount: $0.00
Revised Contract Amount: $22,650.08
Date Started: October 12, 2021
Original Completion Date: June 30, 2022
Additional Time (Working Days) 60
Revised Completion Date: August 29, 2022
CITY OF MENIFEE
CONTRACT CHANGE ORDER NO. 001
CONTRACT VARIANCE SUMMARY
CCO # Description Amount % Additional Time Date Approved 1 Various (See detail) 0.00% 60 9/20/2022
Totals $0.00 0.00% 60
AUTHORIZATION BY CITY:
Recommended for approval by:
Date:
10/13/2022 Date:10/3/2022
Ron Puccinelli Michelle Sarkissian
Chief Information Officer IT Manager
Approved by:
Date:
Armando G. Villa
City Manager
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:
Signature
Nathan Huynh
Please print name and title
Date: 9/20/2022
DocuSign Envelope ID: 6B244C80-2996-4045-9341-335B11EBA35F 10/14/2022
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 5
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DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 -1-
CONTRACT SERVICES AGREEMENT FOR
CITY OF MENIFEE
CIP 22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM
IMPROVEMENTS
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 12th day of Oct. , 2021 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SKY TECHNOLOGY SOLUTIONS , a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
R E C I T A L S
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Contract Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR.
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the Contract Documents and Specifications for the CIP 22 -05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM IMPROVEMENTS, Project No. CIP 22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM IMPROVEMENTS(“Bid Specifications”) attached hereto as Exhibit B and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein.
Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be Item Title: 10.14
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of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal. The “Scope of Services” shall include Contractor’s scope of work or bid which is attached as Exhibit C and incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law . Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor’s employee and subcontractors. It is understood that it is the responsibility of Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relation s (“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 avai lable at City’s request.
Contractor 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 Contractor 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 Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Contractor 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. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
1.4 Licenses, Permits, Fees an d Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. Contractor 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 for the performance of the Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by Item Title: 10.14
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law and arise from or are necessary for Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
1.5 Familiarity with Work . By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereu nder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Officer.
1.6 Care of Services. Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Warranty. Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work.
For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, Item Title: 10.14
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on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. This provision may be waived in Exhibit A if the services hereunder do not include construction of any improvements or the supplying of equipment or materials.
1.8 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects.
If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the mainte nance of payroll records and the employment of apprentices. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated in this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.9 Further Responsibilities of Parties . Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take a ll actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.10 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to sixty (60) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council of City. It is expressly understood by Contractor that the provisions of this Section shall not apply to work specifically Item Title: 10.14
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set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Bid Specifications and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Two Thousand Six Hundred Fifty Dollars and Eight Cents ($22,650.08) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the “Schedule of Compensation” in the Bid Specifications, and incorporated herein by this reference, provided that time estimates are pr ovided for the performance of subtasks, but not exceeding the Contract Sum, or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories.
City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed Item Title: 10.14
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invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.5 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services provided under this Agreement extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Section shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
2.6 Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Time Limits of Work” in the Bid Specifications, and incorporated here in by this reference (“Schedule of Performance”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Item Title: 10.14
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Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance . City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forth five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Article 5, pertaining to indemnification and insurance, respectively.
3.5 Term. The term of this Agreement shall begin on September 27, 2021. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor . The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Cont ractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is Item Title: 10.14
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otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor . Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or A ssignment. The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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4.6 Utility Relocation . City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.10 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
4.8 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state , and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
Item Title: 10.14
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4.9 Covid-19 Safety. If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverage.
Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. Claims-made, modified, limited, or restricted occurrence forms are not acceptable without prior written consent from City. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION DOLLARS ($2,000,000.00) in the general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/comple ted operations aggregate. The general aggregate limit shall apply separately to the Services to be performed under this Agreement.
The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and products -completed operations hazard as set forth in “f” definition in form CG 0001, or equivalent.
The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately.
The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California, including Section 3700 of the California Labor Code, and which shall indemnify, insure, and provide legal defense for both Contractor and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the Services contemplated in this Agreement. The worker’s compensation policy of insurance shall be in an amount 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.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than ONE Item Title: 10.14
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MILLION DOLLARS ($1,000,000.00). Said policy shall include coverage for owned, non- owned, leased, and hired cars.
(d) Professional Liability . Professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
(e) Pollution Liability. A policy of pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement.
The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit A.
5.2 General Insurance Requirements . All of the above policies of insurance shall be primary insurance and shall name City, its elected and appointed officers, employees, agents, and authorized volunteers as additional insureds and any insurance maintained by City or its officers, employees, agents, or authorized volunteers shall apply in excess of, and not contribute wit h, Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
Prior written consent from City is required if any of the said policies have a deductible or self-insured retention in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000).
Contractor shall provide written notice to City within ten (10) working days if:
(1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No Services under this Agreement shall commence until Contractor has provided City with original endorsements effecting coverage set forth in this Article 5. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsement is to be on forms provided by or approved by City. As an alternative to City-approved forms, Contractor may provide complete certified copies of all required insurance policies, Item Title: 10.14
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including endorsements affecting the coverage. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of t he following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor 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. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees, and volunteers or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses, and claims. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3.
In the event Contractor subcontracts any portion of the Services in compliance with Section 4.5 of this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officers, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or threatened (“Claims or Liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the Services, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“Indemnors”), or arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or Indemnors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Contractor shall defend (with counsel selected by City) any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; Item Title: 10.14
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(b) Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the Services, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder.
The provisions of this Section do not apply to Claims or Liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Payment and Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. (Payment and Performance Bond requirements shall not apply and have been waived for this project as it is less than $25,000).
5.5 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Officer due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Contract Officer determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.4 may be changed accordingly upon recei pt of written notice from the Contract Officer; provided that Contractor shall have the right to appeal a determination of Item Title: 10.14
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increased coverage by the Contract Officer to the City Council of City within ten (10) days of receipt of notice from the Contract Officer.
5.6 Substitution of Securities . Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION.
6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be m aintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Sec tion 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.
6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents . All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the Item Title: 10.14
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expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
6.4 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 the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6.5 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered voluntary so long as Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs, and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery Item Title: 10.14
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request, court order, or subpoena from any party regarding this Agree ment and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION.
7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. Distri ct Court, venue shall lie exclusively in the Central District of California, in Riverside.
7.2 Disputes; Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds. Contractor hereby authorizes City to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the Contract Sum (whether or not arising out of this Agreement) as security for performance of this Agreement. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City Council of City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement.
7.4 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver Item Title: 10.14
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of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to c ure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term . This Section 7.8 shall govern any termination of this Agreement except as specifically provided in the following Section 7.9 for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Cont ractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor . If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the Item Title: 10.14
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Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set -off or partial payment of the amounts owed City as previousl y stated.
7.10 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that 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 in the performance of this Agreement.
Item Title: 10.14
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Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq ., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either Party desires or is re quired to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of City, to the City Manager and to the attention of the Contract Officer, CITY OF MENIFEE, 29844 Haun Road, Menifee, CA 92586 and in the case of Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Unfair Business Practices Claims . In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
9.3 Interpretation. 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.
9.4 Article and Section Headings and Subheadings . The article and 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.
9.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete, and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Item Title: 10.14
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Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by the City Council of City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceabilit y shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 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.
9.9 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 25
Menifee Mayor and City Council
December 7, 2022
Page
258 of 433
DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 -21-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
AGENCY:
CITY OF MENIFEE
CONTRACTOR:
SKY TECHNOLOGY SOLUTIONS
Armando G. Villa, City Manager
By:
Nathan Huynh, Program Director
By:
Jason Cohen, Senior Vice President
Contractor’s City Business License
ATTEST:
Sarah A. Manwaring, City Clerk
#_1021572, Class C- 7 & C-10
State Contractor License No. & Class
Address:
11102 Rainier Ct
Garden Grove, CA 92841
APPROVED AS TO FORM:
Two signatures are required if a corporation.
NOTE: APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED
BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 26
Menifee Mayor and City Council
December 7, 2022
Page
259 of 433
DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 Exhibit A.
EXHIBIT A
SPECIAL REQUIREMENTS
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 27
Menifee Mayor and City Council
December 7, 2022
Page
260 of 433
DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 Exhibit B.
EXHIBIT B
CONTRACT DOCUMENTS AND SPECIFICATIONS
CITY OF MENIFEE
CIP 22-05: MENIFEE COUNCIL CHAMBERS AUDIO VISUAL (AV) SYSTEM
IMPROVEMENTS
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 28
Menifee Mayor and City Council
December 7, 2022
Page
261 of 433
DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 Exhibit C.
EXHIBIT C
CONTRACTOR’S PRICE
Not-to-Exceed Twenty Two Thousand Six Hundred Fifty Dollars and Eight Cents ($22,650.08).
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 29
Menifee Mayor and City Council
December 7, 2022
Page
262 of 433
DocuSign Envelope ID: 9DA07E28-C849-4EE2-8FA1-15E1F1214C01 DocuSign Envelope ID: 0B4DA41F-EB1C-4725-8491-280E10B1FFA0 2671/031858-0001
7630667.2 a05/31/18 Exhibit C.
SCHEDULE OF PERFORMANCE
Work is to be completed on a timely basis, with an estimated completion date of no later than June 30, 2022.
Item Title: 10.14
Sky Technologies Change Order 1
Item Page Number: 30
Menifee Mayor and City Council
December 7, 2022
Page
263 of 433
CITY OF MENIFEE
SUBJECT: Agreement Amendment Extending Terms with Gary F. Hoyt Landscape Architecture, Inc. for Architectural Landscape Services for the New Quail Valley Fire Station No. 5 Project MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal 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 Amendment No. 1 to Agreement with Gary F. Hoyt Landscape Architecture, Inc. to perform Plan Review and Inspection Support Services for the New Quail Valley Fire Station No. 5 Project, extending the terms of service through June 30, 2024.
DISCUSSION
The New Quail Valley Fire Station No. 5, identified as Capital Improvement Program (CIP) project 21-04, consists of the construction of a new facility located on Goetz Road, south of Vista Way, which would replace the existing fire station. The existing fire station was built in the 1950’s and has undergone several remodeling and upgrade efforts in past years. Due to its age, the structure is now antiquated and does not support modern fire service functionality and cannot support additional staff to meet the growing fire response needs in the western area of the City.
On March 1, 2022, the City Manager approved a Professional Services Agreement for Plan Review and Inspection Support Services (“Agreement") with Gary F. Hoyt Landscape Architecture, Inc. in the amount of $8,640 in support of this project. This approval was performed administratively within the City Manager’s signatory authority. The current Agreement will expire on December 30, 2022. Plan review and inspection services for this project are ongoing and will be required beyond the existing Agreement term. City Council approval of the proposed amendment is required as it would extend the terms of this Agreement more than 60 days, through June 30, 2024. The remainder of the Agreement would remain unchanged.
STRATEGIC PLAN OBJECTIVE
Item Title: 10.15
Agreement
Amendment
Extending
Terms
with
Gary
F.
Hoyt
Landscape
Architecture,
Inc.
for
Architectural
Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
264 of 433
City of Menifee Staff Report
CIP 21-04 Landscape Services Amendment
December 7, 2022