Agenda packet — Menifee City Council, December 7, 2022 (part 3 of 3)

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Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Agreement

2. Amendment
Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
265 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 21-04 NEW FIRE STATION #5 LANDSCAPE PLAN REVIEW AND INSPECTIONS

SERVICES

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Gary F. Hoyt Landscape Architecture, Inc. , a California S-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on January 1, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that 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 Consulta nt 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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 1 March
Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
266 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -2-

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.

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 EIGHT THOUSAND SIX HUNDRED FORTY DOLLARS AND ZERO CENTS ($8,640.00) 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.

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;
DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
267 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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 th e last ten percent (10%) 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 DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
268 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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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 limited to computer, long -distance telephone or other commun ication 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 h as 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 po licy 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 Employ er’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 subrogati on 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 limi t shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
269 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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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.

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 DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
270 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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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.

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

4.4 All Policies Requirements.

a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.

b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 21-04 NEW FIRE STATION #5 LANDSCAPE PLAN REVIEW AND INSPECTIONS SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.

d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability ari sing 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.

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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
Page
271 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -7-

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The 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.

a. Obtain such insurance and deduct an d 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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 9
Menifee Mayor and City Council
December 7, 2022
Page
272 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -8-

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 for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

5.4 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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 10
Menifee Mayor and City Council
December 7, 2022
Page
273 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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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 th is Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from t he 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 an d 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 applicabl e 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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 11
Menifee Mayor and City Council
December 7, 2022
Page
274 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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.

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 max imum 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 Cons ultant’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 terminat ion 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; DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 12
Menifee Mayor and City Council
December 7, 2022
Page
275 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -11-

c. Retain a different consultant to complete the Services described in Exhibit A; and/or

d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares 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 prepa red 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 a nd shall be clearly identified and readily accessible.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 13
Menifee Mayor and City Council
December 7, 2022
Page
276 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -12-

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.

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 hourl y 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 actio n shall be vested exclusively in Riverside County.

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

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

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Gary Hoyt (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direc t 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.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 14
Menifee Mayor and City Council
December 7, 2022
Page
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DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -13-

Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

Gary F. Hoyt Landscape Architecture, Inc.

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

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:

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

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

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 t he 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.

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 15
Menifee Mayor and City Council
December 7, 2022
Page
278 of 433

DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -14-

Consultant and supersedes all prior negotiations, representations, or agreem ents, 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.

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 provi sion 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 t he award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.

[Signatures on Following Page]
DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 16
Menifee Mayor and City Council
December 7, 2022
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DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 -15-

IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE CONSULTANT

Armando G. Villa, City Manager
Attest:

Gary F. Hoyt, President

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney
Gary F. Hoyt, Secretary

[Corporation must have two signatures]
DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 17
Menifee Mayor and City Council
December 7, 2022
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DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Landscape Plan Review and Inspection Services for CIP 21 -04 New Fire Station #5 in the amount not to exceed EIGHT THOUSAND SIX HUNDRED FORTY DOLLARS AND ZERO CENTS ($8,640.00) as further detailed in the following page(s).

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 18
Menifee Mayor and City Council
December 7, 2022
Page
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DocuSign Envelope ID: 2D6FAD51-7E04-4A48-B8F3-7F0382902866 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.

DocuSign Envelope ID: 9296B2BC-0BDF-4BD8-96EF-186126EE7BC9 Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 19
Menifee Mayor and City Council
December 7, 2022
Page
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AMENDMENT NO. 1
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 21-04 NEW FIRE STATION NO. 5 PROJECT

LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on March 1, 2022, between the City of Menifee (“City”) and GARY F. HOYT LANDSCAPE ARCHITECURE, INC. (“Consultant”) for CIP 21-04: NEW FIRE STATION NO. 5 PROJECT FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES which this Amendment No. 1 is made and entered into on _______________, 2022 to modify the term of the agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on MARCH 1, 2022 and shall end on JUNE 30, 2024 unless the term of the 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 the City's right to terminate the Agreement, as provided for in Section 8.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 20
Menifee Mayor and City Council
December 7, 2022
Page
283 of 433

AMENDMENT NO. 1
CITY OF MENIFEEGARY F. HOYT LANDSCAPE
ARCHITECTURE, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Gary F. Hoyt, President
Attest: ________________________________
Gary F. Hoyt, Secretary
_______________________________
Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.15
Agreement

Amendment

Extending

Terms

with

Gary

Hoyt

Landscape

Architecture,

Inc.

for

Architectural

Landscape
Services for the New Quail Valley Fire Station No. 5 Project Item Page Number: 21
Menifee Mayor and City Council
December 7, 2022
Page
284 of 433

CITY OF MENIFEE
SUBJECT: Purchase Order with GHA Technologies, Inc. for HPE Servers, Network Switches, and Nimble Storage Appliance Upgrades
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 issue a purchase order to GHA Technologies, Inc. in the amount of $202,490.50, including tax and delivery, for the purchase of HPE servers, network switches, and a Nimble Storage expansion; and

2. Authorize the purchase to be made under the cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) through the NCPA Contract no. 01-96; and

3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of equipment.

DISCUSSION
The City of Menifee’s Information Technology (IT) Department is responsible for maintaining and improving the overall performance at the City’s main data center and offsite facilities. To ensure the City’s data center is not compromised, the IT Department seeks to improve City Hall’s server and network infrastructure backbone by replacing core appliances which are starting to have issues. This replacement addresses the increasing issues with the current equipment and provides additional capacity needed to meet the City’s growing application and data storage needs. Replacement also ensures continued operation of the City’s IT infrastructure by removing appliances that reach end of service life with the manufacturer in the next few months.

GHA Technologies, Inc. resells HPE equipment through an NCPA Contract (no. 01-96). The NCPA Program provides competitively bid information technology systems and services through a nationwide cooperative agreement available for cities to participate in. These agreements, Item Title: 10.16
Purchase

Order

with

GHA

Technologies,

Inc.

for

HPE

Servers,

Network

Switches,

and

Nimble

Storage

Appliance
Upgrades
Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
285 of 433

City of Menifee Staff Report
Server Upgrades and Replacements
December 7, 2022

Page 2 of 2 ends

1 2
9 7
which the City regularly uses when available, expedite purchases and ensures best available pricing. Therefore, it is recommended a Purchase Order be issued to GHA Technologies, Inc. based on the attached quote. Cooperative purchases are allowed pursuant to the Menifee Municipal Code Section 3.12.070 (6).

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The fiscal impact for the HPE Servers, network switches, and Nimble Storage expansion is $202,490.50. This proposed purchase has been budgeted in the Fiscal Year 2022/2023 Budget, IT Department – Capital Outlays Account# 110-4115-53155. A summary is shown in Table 1 below.

Table 1

FUND ACCOUNT PURCHASE AMOUNT
IT – Capital Outlays 110-4115-53155 $202,490.50

ATTACHMENTS

1. GHA Technologies, Inc. - Quote
Item Title: 10.16
Purchase

Order

with

GHA

Technologies,

Inc.

for

HPE

Servers,

Network

Switches,

and

Nimble

Storage

Appliance
Upgrades
Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
286 of 433

GHA Technologies, Inc. Dept. #2090
PO Box 29661
Phoenix, Arizona 85038
United States
http://www.gha-associates.com
(P) 480-951-6865
(F) 480-951-6956

Date
Nov 17, 2022 09:34 AM PST
Modified Date
Nov 17, 2022 02:29 PM PST
Quotation (Open)
Quote
#
2608433
- rev 1 of 1
Description
Aruba, HPe hosts, SAN 5yr
SalesRep
Boyd,
Matt
(P) 858-272-7801
(F) 480-951-6956
Customer Contact
Sarkissian,
Michelle
(P) 951-723-1710
[email protected]

Customer
City of Menifee (CO12884)
Sarkissian, Michelle
29844 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843

Bill To
City of Menifee
Payable, Accounts
29714 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843

Ship To
City of Menifee
Sarkissian, Michelle
29844 Haun Rd
Menifee, CA 92586
United States
(P) 951-672-6777
(F) 951-679-3843
[email protected]

Customer PO:

Terms:

Undefined
Ship Via:

FedEx Ground
Special Instructions:

Carrier Account #:

#
Description
Part #
Tax
List Price
Qty
Unit Price
Total

Switching
1 HPE Aruba CX 8360-32Y4C

Switch - L3 - managed - 32 x 1/10/25 Gigabit Ethernet SFP / SFP+ / SFP28 + 4 x 40/100 Gigabit QSFP+ / QSFP28 - front to back airflow - rack-mountable - AC JL700C#ABA
Yes

$34,995.00
3 $13,790.00
$41,370.00
2 HPE Aruba Cat5e

SFP (mini-GBIC) transceiver module - GigE - 1000Base-T - RJ-45 - up to 328 ft - for Edgeline e920; OfficeConnect 1820; ProLiant e910t 2U; HPE Aruba 2930M 40, 64XX; CX 8360 J8177D
Yes

$290.00
96 $135.00
$12,960.00
3 HPE Aruba

1000Base direct attach cable - QSFP28 to QSFP28 - 3.3 ft - for HPE Aruba 8325-32C, 8325- 48Y8C; CX 8360-12C V2, 8360-16Y2C V2
R0Z25A
Yes

$470.00
12 $200.00
$2,400.00
4 HPE Remote Network Configuration and Integration

Remote installations / configuration - business hours
HR199E
No

$250.00
40 $232.00
$9,280.00
5 HPE Foundation Care 24x7 Service

Extended service agreement - parts and labor (for hardware only) - 5 years - on-site - 24x7 - response time: 4 h - for P/N: JL701C, JL706C, JL707C, JL710A#ACE, JL710C, JL711C, JL717C, JL718C, JL720C, JL721C
HU7X0E
No

$12,761.00
3 $12,050.00
$36,150.00
6 HPE Aruba Central Foundation

Subscription license (5 years) - 1 chassis - hosted - ESD - for HPE Aruba 8320, 8325, 8400 8- slot; CX 8360
R3K05AAE
No

$6,590.00
3 $2,654.00
$7,962.00

SAN
7 HPe Nimble HF20x SAN
HPE NS HF20X ES3 21TB 1.44TB CTO Shelf, HPE Technical Installation Startup SVC, Q8B48B
Yes

$0.00
1 $16,290.00
$16,290.00
8 HPE Tier 1 Storage Array Upg Startup SVC
HPE 3Y Tech Care Essential Exch SVC
HA124A1
5MS
No

$0.00
1 $2,202.00
$2,202.00
9 HPE NS HF20X ES3 21TB 1.44TB Shelf Supp
HU4A9A3
ZEF
No

$0.00
1 $4,782.00
$4,782.00

HP servers, lic's
Item Title: 10.16
Purchase

Order

with

GHA

Technologies,

Inc.

for

HPE

Servers,

Network

Switches,

and

Nimble

Storage

Appliance
Upgrades
Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
287 of 433

Subtotal:
$191,056.00
Tax (8.7500%):
$11,434.50
Shipping:
$0.00
Misc:
$0.00
Total:
$202,490.50
(List Price:
$206,518.00)
10 HPE DL360 Gen10+ 8SFF NC CTO Svr
2x 4309Y XEON, 512GB, no O/S, MR416i contrl, 480GB SSD x2, 57416 10GBe copper x2, P408i, Intel QP i350 1GB, 800w Red PWR, TPM, HPE Startup Entry 300 Series OS SVC, iLo Adv, HPE 5Y Tech Care Essential SVC, HPE Proliant DL360 Gen10+ Support P28948-B21
Yes

$0.00
3 $15,200.00
$45,600.00
11 HP DL360 HPE 5Y Tech Care Critical SVC
HU4A3A5
Yes

$0.00
3 $4,020.00
$12,060.00

NCPA Contract# 01-96
#
Description
Part #
Tax
List Price
Qty
Unit Price
Total
$1 Buyout
$17,659.20
/ mo. for 12 months.
$9,010.83
/ mo. for 24 months.
$6,368.33
/ mo. for 36 months.
$4,989.37
/ mo. for 48 months.
$4,153.08
/ mo. for 60 months.

Sales tax calculation is estimated and subject to change. Terms Definition: Unless agreed upon otherwise; Net 30 terms, cash in the GHA bank 30 days from the date of shipment. Lease payment calculations are estimated and may include sales tax in the payment amount. You can obtain an accurate lease quote from our leasing company. Rates are subject to change without notice.

GHA is an authorized and leading supplier for Microsoft, HP, Apple, Dell, Lenovo, VMWare, IBM and Cisco. GHA does not source any of these products from the gray market. If you have a pending quotation from a competitor that is significantly less in price, that may be a strong indication of gray market involvement. Please immediately bring this to the attention of your sales professional who can verify with the manufacturer for your benefit and protection. Your sales representative can also talk to you about the risks associated with doing business with a gray market supplier. The prices quoted may change due to market conditions beyond our control. GHA cannot be responsible for manufacturer availability or delays. No verbal quotations or promises can be honored unless set forth herein. Due to many people working from home, GHA will not be responsible for the boxes if lost or stolen after the delivery has been made, and if they are lost or stolen, you still agree to pay your GHA invoice.

Signature will be required on all shipments
.

Handling Fees
: Handling fees charged on shipments are in addition to the freight and insurance charges and vary.

Returns Policy
: Cloud Service Provider CSP orders for Microsoft require at least 30 days of cancellation notice from Buyer. Buyer agrees to pay for any cloud subscription usage incurred. For all other CSP s, GHA will pass through and honor the cancellation policy as stated in the original contract whether 30, 60 or 90 days of cancellation notice is required. Custom computers and technology orders are non-cancellable and non-returnable. No return will be accepted after 30 days from the invoice date. Goods accepted for credit upon return will be subject to handling/restocking charge, which shall be not less than 15% of the price of Goods. Custom-made Goods are not subject to cancellation or return under any circumstances. In no case are Goods to be returned without first obtaining Seller's written permission. Goods must be securely packed in the original packaging and delivered to Seller in an undamaged condition with Buyer being solely responsible for paying all return freight expenses and keeping the GHA invoice current within 30 days from the date of shipment regardless of the reason for a return. All returns must be accompanied by an authorized RMA number, which is valid for 15 days after date of issuance. GHA Technologies makes NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods described hereon.

International shipments/returns
: Customer is
responsible to pay all VAT, duties, customs charges, freight forwarding services, storage, handling, foreign exchange rates/fees, miscellaneous fees from any country, expedited or return freight expenses. Customer shall be liable; GHA is NOT responsible. GHA is not responsible for any return shipment expenses. ~~Supplier represents and warrants that it is an equal-opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national origin, disability, marital or veteran status, or any other basis that is prohibited by law. This document shall be governed by the laws of the State of Arizona. You may view all Terms & Conditions at: http://gha-associates.com/Terms_and_Conditions/index.html. - .THIS QUOTE HAS BEEN PROVIDED FOR CLIENT AND GHA PURPOSES ONLY** CORPORATE OFFICE: (REMIT PAYMENTS TO THE DEPARTMENT NUMBER AND PO BOX LISTED ABOVE; NO PAYMENTS SHOULD BE MAILED TO THE CORPORATE OFFICE) GHA Technologies, Inc. 8998 E. Raintree Drive Scottsdale, AZ 85260

Item Title: 10.16
Purchase

Order

with

GHA

Technologies,

Inc.

for

HPE

Servers,

Network

Switches,

and

Nimble

Storage

Appliance
Upgrades
Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
288 of 433

CITY OF MENIFEE
SUBJECT: Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Tyler Fife, Public Works Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the purchase of a Ford F-150 from National Auto Fleet Group in the not-to-exceed amount of $41,802 including taxes and delivery; and

2. Approve the purchase of a light tower from Multiquip in the not-to-exceed amount of $11,223 including taxes and delivery; and

3. Approve the purchase of an excavator from Quinn Caterpillar in the not-to-exceed amount of $78,627 including taxes and delivery; and

4. Authorize the three purchases listed above as cooperative purchases under Municipal Code Section 3.12.070(6) through Sourcewell Agreements #091521-NAF, 041719-MTQ, 062320- CAT as allowed under the Menifee municipal code; and

5. Authorize the City Manager to execute the required documents and the Finance Department to issue corresponding purchase orders for the vehicle and equipment purchases.

DISCUSSION
As the City continues to grow and develop, the need to expand the City’s vehicle and equipment fleet has correspondingly increased to allow the City to continue to provide essential road safety service needs. The Public Works and Engineering Department currently performs on-going maintenance services such as pothole repairs, larger asphalt repairs, concrete repairs, dirt road safety grading, and smaller striping/legend work with in-house staff. To meet these needs, the Fiscal Year 2022/23 adopted budget incorporated allocations for vehicle and equipment purchases.

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
289 of 433

City of Menifee Staff Report
Public Works Equipment Purchases
December 7, 2022

Page 2 of 3 ends

1 3
0 4
Staff has received and reviewed quotes from several vendors for vehicle and equipment options to determine the vehicles and equipment best suited to meet the operational needs/functions of the Public Works Street Division requirements. Staff’s request includes the purchase of the following:
•New Ford F-150: Historically the Public Works Supervisor has driven a Toyota RAV4. The newly hired Supervisor will take a more hands-on approach and will assist the crews with work orders, in addition to regular duties. This requires a truck with a bed to store tools and items picked up within the right of way. The RAV4 previously used will be assigned as an admin pool vehicle at the Maintenance and Operations Center. The Sourcewell contract number for this purchase is 091521-NAF.
•New Multiquip LED Light Tower: This light tower will replace an older balloon style light tower that is inoperable. Light towers are used support City services performed at night such as DUI checkpoints, special events and for on-call emergencies. The Multiquip contract number for this purchase is 041719-MTQ.
•New Quinn Caterpillar Model 303.5 Excavator: This new mini excavator will expedite removing sidewalk panels, will support clearing ditches in preparation for storms, weed abatement in channels and any other work requiring equipment to move or transport materials.

The purchase of this vehicle and equipment must comply with specific procurement procedures, which would ordinarily require a formal competitive bid process. The City of Menifee is a member of the Sourcewell, formerly National Joint Powers Alliance, which is a government agency service cooperative that serves over 50,000 members. Sourcewell, through national competitive solicitations, establishes and provides national leveraged and competitively bid purchasing contracts under the guidance of the Uniform Municipal Contracting Law.

By using the Sourcewell Cooperative Purchasing Agreement Contracts with the selected vendors, the City can forgo the regular competitive bidding process and leverage nationally contracted prices, which provides an average of up to 30% discount compared to the regular market pricing. The pricing offered by the Sourcewell Cooperative Purchasing Agreements are a result of a competitive bid process completed by another governmental agency. The vendor selected from that competitive process is awarded a main contract from which other agencies can “piggyback” or obtain the same pricing/options. As allowed under Menifee Municipal Code Section

3.12.070(6), the City can utilize a cooperative purchasing agreement in the procurement of equipment and supplies. This is advantageous to the City as it provides notably reduced pricing, as well as reduced administrative time and costs.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
290 of 433

City of Menifee Staff Report
Public Works Equipment Purchases
December 7, 2022

Page 3 of 3 ends

1 3
0 4

FISCAL IMPACT
The fiscal impact for the vehicle and equipment requested totals $131,652. Associated maintenance costs for the vehicles and equipment will be absorbed as part of the City’s on-going maintenance program, with most of the maintenance and repair services performed internally by the Fleet Division.

The proposed purchases have been budgeted in the Fiscal Year 2022/23 budget within the following accounts:

MAKE/MODEL FUND ACCOUNT AMOUNT ($)
FUNDED

PURCHASE
AMOUNT
Ford F-150 Gas Tax 200-4552-53155 $41,802 $41,802
Multiquip Light Tower Gas Tax 200-4552-53155 $11,223 $11,223 Quinn Caterpillar 303.5 Excavator Gas Tax 200-4552-53155 $78,627 $78,627 TOTAL: $131,652
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Quote for Ford F-150

2. Quote for Multiquip Light Tower

3. Quote for Quinn Caterpillar Excavator
Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
291 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
292 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
293 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
294 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
295 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
Page
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Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 9
Menifee Mayor and City Council
December 7, 2022
Page
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Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 10
Menifee Mayor and City Council
December 7, 2022
Page
298 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 11
Menifee Mayor and City Council
December 7, 2022
Page
299 of 433

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 12
Menifee Mayor and City Council
December 7, 2022
Page
300 of 433

161191-01
Sep 20, 2022

CITY OF MENIFEE
Attention: Account Payable
29844 HAUN ROAD
MENIFEE, California 92586
Attention: Tyler
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 303.5 Excavator including standard and optional equipment as listed below.

STOCK NUMBER: TBD SERIAL NUMBER: TBD YEAR: 2023 SMU:

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,
Justin Usary
Machine Sales Representative
Quote 161191-01

Page 1 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 13
Menifee Mayor and City Council
December 7, 2022
Page
301 of 433

One (1) New Caterpillar Inc. Model: 303.5 Excavator including standard and optional equipment as listed below.

Standard Equipment

POWERTRAIN
Cat C1.7 NA engine Automatic engine shutdown
(U.S. EPA Tier 4 Final/ Automatic two speed travel
JAPAN MLIT Tier 3) Fuel water separator
Automatic engine idle

UNDERCARRIAGE
Track, 300 mm (11.8'') Tie downs on track frame
Dozer blade(BOCE) with float

HYDRAULICS
Variable displacement piston pump Hydraulic lockout - all controls Smart tech electronic pump One and two way auxiliary flow Load sensing/flow sharing hydraulics Continuous auxiliary flow Automatic swing brake Bio oil capable

ELECTRICAL
12 volt electrical system Battery disconnect
Software (machine and monitor) Signaling/warning horn
65 ampere alternator 12 volt power socket
650CCA maintenance free battery

OPERATOR ENVIRONMENT
Product link PLE243 (regulations apply) Utility space for mobile phone Cab sound pressure 94dB(A) ISO 6395 ROPS - ISO 12117-2:2008 Coat hook TOPS - ISO 12117:1997
Next generation color LCD monitor (IP66) Top guard ISO 10262: 1998 Level I -Fuel level and coolant temperature Adjustable wrist rests gauges Non suspension vinyl seat
-Maintenance and machine monitoring Retractable high visibility seat belt -Performance and machine adjustments Removable washable floormat -Numeric security code Tilt operator station
-Multiple languages Storage pocket
-Hour meter with wake up switch Skylight
Cup Holder Mounting bosses for front guard

OTHER STANDARD EQUIPMENT
Control Pattern Changer Beacon socket
Caterpillar corporate ''one key'' system Joystick travel and steering mode Quote 161191-01

Page 2 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 14
Menifee Mayor and City Council
December 7, 2022
Page
302 of 433

Door locks on cab door and external Travel cruise control enclosure doors Boom light
Lockable fuel cap

INSTRUCTIONS
REGIONAL STANDARD EQUIPMENT INCLUDES: South America
United States and Canada -Accumulator, certified
-Accumulator, certified -Retractable high visibility
-Retractable high visibility seat belt 75mm (3'')
seat belt 75mm (3'') -Ecology drain - engine
-Ecology drain - engine -Auxiliary hydraulic lines
-Auxiliary hydraulic lines -Auxiliary line quick disconnects -Auxiliary line quick disconnects
Quote 161191-01

Page 3 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 15
Menifee Mayor and City Council
December 7, 2022
Page
303 of 433

MACHINE SPECIFICATIONS
303.5 07A CR MHE CFG3B 616-3218
LANE 2 - AVAILABLE FROM SAGAMI FACTORY
LANE 3 - AVAILABLE FROM SAGAMI FACTORY
INCLUDES:
558-1751 303.5 07A CR HYD EXCAVATOR
576-2961 ENGINE, EPA TIER 4F
575-4418 BLADE, FIXED, BOCE 575-4418
599-7202 SEAT BELT, 76MM (3'') RETRACTABLE 599-7202
555-1839 CWT, STANDARD 555-1839
571-9661 STICK, LONG, W/ THUMB BRACKET 571-9661
558-1754 BOOM, STANDARD
558-1766 UNDERCARRIAGE, FIXED, STD BLD 558-1766
566-2914 TRACK, 300MM (12''), RUBBER 566-2914
571-9088 LINKAGE, BUCKET, W/LIFTING EYE
519-9265 SEAT, SUSPENSION, FABRIC 519-9265
525-4465 CAT KEY, WITH PASS CODE OPTION 525-4465
519-9283 TRAVEL LEVERS AND PEDALS 519-9283
592-5475 MONITOR NEXT GEN, CAMERA READY 592-5475
558-1760 LINES, BOOM W/O BLCV 558-1760
558-1763 LINES, STICK W/O SLCV 558-1763
575-2776 LINES, BUCKET, LONG STICK 575-2776
558-1757 CONTROL, 1ST AUX, JOYSTICK 558-1757
558-1770 CAB, WITH HEAT AND A/C 558-1770
594-7890 FLOORMAT, CAB, W/TRAVEL 594-7890
573-9631 PRODUCT LINK, CELLULAR PL243 573-9631
542-8886 BOOM LIGHT, LED 542-8886
573-4364 DRAIN, ECOLOGY
546-1520 HYDRAULIC OIL, STD
588-2227 ACCUMULATOR
575-7225 LINES, 1ST AUX, LONG STICK 575-7225
521-9512 LIGHTS, LED, FRONT&REAR 521-9512
601-9418 CAMERA, CAB 601-9418
521-9517 INTEGRATED RADIO 521-9517
557-1709 SOFTWARE, PROPORTIONAL CONTROL
557-1710 SOFTWARE, STICK STEER CONTROL
557-1713 SOFTWARE, CODED START
558-1744 ALARM, TRAVEL
569-3572 INSTRUCTIONS, ANSI
578-0230 FILM, CAB A/C 578-0230
541-4787 FILM, PRODUCT LINK, ANSI 541-4787
595-3179 FILM, ROPS, ISO 595-3179
542-1495 2 WAY CONTROL 542-1495
542-1504 FILM, INC. CANADA 542-1504
NOTE: ''Fixed EOC Cab Configuration''
LANE 2 ORDER 0P-9002
SERIALIZED TECHNICAL MEDIA KIT 421-8926
CONTROL, QC, 3 LINE,LONG STICK 573-8204
PACKING, LAST MILE PROGRAM 0P-4299
COUPLER, PG, HYDR.D.LOCK, 3-4T 485-5300
Quote 161191-01

Page 4 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 16
Menifee Mayor and City Council
December 7, 2022
Page
304 of 433

PINS, BUCKET, 40MM 154-2638
BUCKET-HD, 18'', 2.9 FT3, 3T 464-9902
THUMB, HYDRAULIC, 3-4T 452-2740
Quote 161191-01

Page 5 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 17
Menifee Mayor and City Council
December 7, 2022
Page
305 of 433

WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 303.5-48 MO/2000 HR PREMIER
SELL PRICE $72,300.55
EXT WARRANTY Included
NET BALANCE DUE $72,300.55
SALES TAX (8.75%) $6,326.30
AFTER TAX BALANCE $78,626.85
F.O.B/TERMS:

ADDITIONAL CONSIDERATIONS
• Delivery is 4-6 Months
Accepted by___________________________________ on ____________________ ______________________________
Signature
Quote 161191-01

Page 6 of 6 ends

Item Title: 10.17
Public Works Fiscal Year 2022/23 Vehicle and Equipment Purchases Item Page Number: 18
Menifee Mayor and City Council
December 7, 2022
Page
306 of 433

CITY OF MENIFEE
SUBJECT: Fiscal Year 2022/23 On-Call Professional Services Agreement with IK Consulting for Accela, Inc. Software
Consulting Services
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 professional services agreement for fiscal year 2022/23 with IK Consulting (IKC) for on-call technical support and training services in the amount not to exceed $138,310; and

2. Authorize the City Manager to approve two optional one-year renewals for as-needed technical support and training to IKC for $37,700 per year for fiscal years 2023/24, and 2024/25 at the City’s discretion; and

3. Authorize the City Manager to amend the 2022/23 Professional Services Agreement and future years amendments, up to $100,000 contingent on budget availability for additional projects needed to support the permitting operations.

DISCUSSION
As the City’s development activity expanded following city incorporation, an important step to organizing and streamlining the development application, review and permitting process was to establish a comprehensive and robust permitting system. To that end, the City of Menifee underwent a transition from its original permitting system of Magnet to Accela during FY 2013/14.

In 2018, a deeper analysis of the City’s Accela Automation environment was conducted over a 2- day period by Accela. It was their recommendation that the city engage with an outside partner to help augment the existing configuration of the system to achieve faster turnaround times, lower project costs, and more flexible schedules. After going through an evaluation process consisting of three different agencies, a professional services agreement was awarded to IKC to perform tasks associated with the design, implementation, and support of Menifee’s Accela Automation environment.

Item Title: 10.18
Fiscal

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
307 of 433

City of Menifee Staff Report
IKC On-Call Professional Services Agreement FY 22/23
December 7, 2022

Page 2 of 3 ends

1 2
9 2
Since entering a professional services agreement with the city, IKC has helped staff create a more robust, and efficient development processing system that has allowed the city to keep up with the high levels of development activity experienced over the past couple of years. Accela continues to provide a complete solution for automating critical tasks associated with various departments and divisions within the City. It has also enhanced the ability of the city to streamline processes between departments and serve our customer needs. The partnership with IKC has ensured that the City is able to maintain current functionality while adding various new updates and integration capabilities to enhance efficiency with the development process.

Currently, IKC holds several separate agreements with various departments within the City to provide consulting, design, and support services. The goal is to consolidate all current open and pending projects into one agreement that will be overseen by the Information Technology (IT) Department. Combining all active and pending projects into one master agreement would allow for a more efficient way to track and manage the work that is being carried out by IKC and the various departments and divisions within the city. The following is a list of current and pending projects from the various departments that use Accela for their day-to-day operations:

Training Department(s) Status Cost
ACA Administrator Training Information Technology Pending $1,740.00 Civic Platform Administrator Training
(Standard) 3-Days
Information Technology Pending $5,220.00
Civic Platform Administrator Training
(V360) 2-Days
Information Technology Pending $3,480.00
Total $10,440.00
Special Projects Department(s) Status Cost
ACA Records Implementation (30) Building & Safety Pending $38,135.00 Paperless/Post Issuance Requests Building & Safety Pending $14,500.00 ACA Records Implementation (4) Building & Safety Pending $4,060.00 Conditions of Approval Planning Pending $4,350.00
Total $61,045.00
Existing Solution Integrations Department(s) Status Cost Laserfiche City Clerk Pending $13,600.00
GoEnforce Code Enforcement Pending $15,525.00
Total $29,125.00
As-Needed Support Department(s) Status Cost
Technical Support (200-Hours) Multiple Pending $29,000.00 Training (5-Days) Multiple Pending $8,700.00
Total $37,700.00
Item Title: 10.18
Fiscal

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
308 of 433

City of Menifee Staff Report
IKC On-Call Professional Services Agreement FY 22/23
December 7, 2022

Page 3 of 3 ends

1 2
9 2
Given the familiarity with the needs of the city related to the Accela environment, it is important to continue the partnership with IKC to maintain the City’s current functionality while also being able to implement existing and new updates like the ones listed above. It is for this reason that staff recommends that the City enter into a professional services agreement for fiscal year 2022/23 with IK Consulting (IKC) for on-call support services to assist with the current and pending improvements to the existing Accela environment.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Government

FISCAL IMPACT
Funding for the proposed agreement 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.

Future years’ extensions, if utilized at the City’s discretion, would be budgeted in the corresponding fiscal year(s). Additionally, should additional projects be identified during the agreement performance period, corresponding agreement amendments will be processed, contingent on availability of funding with the corresponding approved budget.

ATTACHMENTS

1. IK Consulting (IKC) Agreement
Item Title: 10.18
Fiscal

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
309 of 433

2671/031858-0001
7630421.2 a10/11/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: ON CALL TECHNICAL SUPPORT & TRAINING SERVICES

FOR THE ACCELA SYSTEM
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 IK CONSULTING, LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

1.1 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.

Item Title: 10.18
Fiscal

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
310 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

EIGHT THOUSAND THREE HUNDRED TEN DOLLARS AND ZERO CENTS ($138,310.00) 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;
Item Title: 10.18
Fiscal

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
311 of 433

2671/031858-0001
7630421.2 a10/11/22 -3-
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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.

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.

Year

2022/23

On-Call

Professional

Services

Agreement

with

Consulting

for

Accela,

Inc.

Software

Consulting
Services
Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
312 of 433

2671/031858-0001
7630421.2 a10/11/22 -4-
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 limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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 Item Title: 10.18
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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.
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 Item Title: 10.18
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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. 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: ON CALL TECHNICAL SUPPORT & TRAINING SERVICES FOR THE ACCELA SYSTEM. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

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

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

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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The 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.

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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.

SECTION 7. LEGAL REQUIREMENTS.

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

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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.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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8.4 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.

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.

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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.

10.5 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 Missy Kern (“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, Michelle Sarkissian, IT Manager (“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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IK CONSULTING, LLC
Attn: Missy Kern
PO BOX 17661
TUCSON, AZ 85731
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michelle Sarkissian, IT Manager
with a copy to:

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

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.

10.16 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.

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

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

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

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Melissa Kern, Managing Partner

Constance Ingram, Managing Partner

[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: On-Call Technical Support & Training for the Accela System in the amount not to exceed ONE HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED TEN DOLLARS AND ZERO CENTS ($138,310.00) as further detailed in the following page(s).

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2671/031858-0001
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2671/031858-0001
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CITY OF MENIFEE
SUBJECT: Gale Webb, Kids-R-#1 Action Sports Park Notice of Completion (CIP 17-01)
MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for Capital Improvement Project (CIP) No. 17-01, Gale Webb, Kids-R-#1, Action Sports Park located at 26533 Craig Avenue; and

2. Authorize the City Clerk’s Office to file the Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Evans Park Pump Track and Bike Trail, now named the Gale Webb, Kids-R-#1, Action Sports Park is located on a six-acre lot on the southeastern corner of Evans Road and Craig Avenue.

The pump track project consisted of the design and construction of a premier alternative sports facility with multiple bike tracks, ramps, obstacles, bridges, rollers, and tunnels for all skill levels.

On November 3, 2021, City Council approved a construction budget of $1,097,000 to American Ramp Company. The contract included the construction of two pump tracks and the construction of the bike trails designed by American Ramp Company. The final construction cost for the project was $1,097,000; no change orders were necessary.

Filing a Notice of Completion (NOC) protects the City from future claims against the project by providing proper notification to each contractor, subcontractor, and material supplier that the project has been completed. The payment bond (Labor and Materials Bond) and performance bond will be released 30 days following the date of the NOC recordation, provided no stop notices are filed preventing said releases.

Community Services and Public Works staff has inspected the materials supplied, quality of the materials, construction methods, and workmanship, and have determined the construction and related work performed by the contractor, American Ramp Company, have met the project requirements as specified in the contract documents.

Item Title: 10.19
Gale Webb, Kids-R-#1 Action Sports Park Notice of Completion (CIP 17-01) Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
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City of Menifee Staff Report
CIP #17-01 NOC
December 7, 2022

Page 2 of 2 ends

1 3
0 0

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The final retention payment, 5% withheld of all progress payments, will be released following the 30-day NOC recordation date.

ATTACHMENTS

1. Notice of Completion

2. Project Location Map
Item Title: 10.19
Gale Webb, Kids-R-#1 Action Sports Park Notice of Completion (CIP 17-01) Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
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Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
Evans Park Design and Construction 17-01
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on October 31, 2022. The project consisted of the construction of a six-acre premier alternative sports facility with two pump tracks and an unpaved bike trail. The project was completed at Evans Park, now named Gale Webb, Kids-R-#1, Action Sports Park located in a residential neighborhood at 26533 Craig Avenue in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC PARK IN
MENIFEE, CA 92584

4. The name of the contractor for such work of construction is:

American Ramp Company
601 South McKinley
Joplin, MO 64801

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Kay Vinson, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Kay Vinson, Acting City Clerk
Item Title: 10.19
Gale Webb, Kids-R-#1 Action Sports Park Notice of Completion (CIP 17-01) Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
330 of 433

Location Map
Gale Webb, Kids-R-#1, Action Sports Park (26533 Craig Avenue) Item Title: 10.19
Gale Webb, Kids-R-#1 Action Sports Park Notice of Completion (CIP 17-01) Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
331 of 433

CITY OF MENIFEE
SUBJECT: Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of parcel map 38324, located at the southwest quadrant of the intersection of Haun Road and New Hub Drive.

DISCUSSION
Tentative Parcel Map (PM) 38324 is a proposed subdivision of 5.36 gross acres of land into two lots for commercial use. PM 38324 is located at the southwest quadrant of the intersection of Haun Road and New Hub Drive.

To comply with the Conditions of Approval, the property owner Chick-Fil-A Inc., a Georgia corporation, (“Chick-Fil-A”) has entered into a private agreement to pay “fair-share” costs for the existing traffic signal and median improvements at Haun Road and the project entrance.

At this time, the property owner, Chick-Fil-A, is requesting approval and filing/recordation of the PM 38324. City staff has reviewed the request and determined the parcel map meets the requirements of the project’s conditions of approval.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

Item Title: 10.20
Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
332 of 433

City of Menifee Staff Report
PM 38324
December 7, 2022

Page 2 of 2 ends

1 2
8 8

ATTACHMENTS

1. Parcel Map
Item Title: 10.20
Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
333 of 433

Item Title: 10.20 Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 3
Menifee Mayor and City Council                                                                               December 7, 2022 Page 334 of 433

P:\CFA21033\CAD\21033 pm.dwg, pm 38324 (title) (2), 11/8/2022 10:42:02 AM Item Title: 10.20 Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 4
Menifee Mayor and City Council                                                                               December 7, 2022 Page 335 of 433

P:\CFA21033\CAD\21033 pm.dwg, pm 38324 (map), 11/8/2022 10:42:42 AM Item Title: 10.20 Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 5
Menifee Mayor and City Council                                                                               December 7, 2022 Page 336 of 433

P:\CFA21033\CAD\21033 pm.dwg, pm 38324 (easements), 11/8/2022 10:43:22 AM Item Title: 10.20 Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 6
Menifee Mayor and City Council                                                                               December 7, 2022 Page 337 of 433

P:\CFA21033\CAD\21033 pm.dwg, pm 38324 (constraint), 11/8/2022 10:43:53 AM Item Title: 10.20 Final Map for Parcel Map 38324, by Chick-Fil-A, a Georgia Corporation.

Item Page Number: 7
Menifee Mayor and City Council                                                                               December 7, 2022 Page 338 of 433

CITY OF MENIFEE
SUBJECT: Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

MEETING DATE: December 7, 2022
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of street, water and drainage improvements associated with Tract Map (“TM”) 32628, located at the southeast corner of the intersection of Antelope Road and Craig Avenue.

DISCUSSION
Tract Map 32628, also known as Adler Ranch (“Project”), is a proposed subdivision of 29.29 gross acres of land into five total lots for multi-family use. The Project is located on the southeast corner of the intersection of Antelope Road and Craig Avenue.

FPG Tricon Menifee Property, LLC. (“Developer”) is now requesting approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval.

The SIA requires that improvement securities are posted to guarantee the completion of required street, water and drainage improvements within 24 months from the City Council approval date.

Staff has reviewed the Developers’ request and determined that the associated SIA meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the table below.

Table 1 - Improvements TM 32628
Improvement Security Faithful Performance Material and Labor Streets and Drainage K41598700 $64,500 $32,250
Water System K41598700 $49,000 $24,500
Total $113,500 $56,750
Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
339 of 433

City of Menifee Staff Report
TM 32628 Improvement Agreement
December 7, 2022

Page 2 of 2 ends

1 2
8 0

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Location Map

2. Subdivision Improvement Agreement

3. Subdivision Improvement Bonds
Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
340 of 433

P r o je c t L o c a t io n
C it y o f M e n if e e M a p
C it y o f M e n if e e , S o u r c e : E s r i, M a x a r , E a r t h s t a r G e o g r a p h ic s , a n d t h e G I S U s e r C o m m u n it y
C it y B o u n d a r y
M a jo r R o a d s
F r e e w a y s & H ig h w a y s
8 / 1 0 / 2 0 2 2 , 2 : 4 9 : 3 3 P M
0 0 . 3 0 . 60 . 1 5 m i
0 0 . 5 5 1 . 10 . 2 8 k m
1 : 2 4 , 0 7 5
C it y S t a f f
M a x a r | C it y o f M e n if e e | R C I T - G I S | C it y o f M e n if e e ; R iv e r s id e C o u n t y | R C I T G e o g r a p h ic a l S o lu t io n s ( G I S ) | R iv e r s id e C o u n t y P a r c e l D a t a ; C it y o f M e n if e e G I S | R C I T - G I S , L A F C O | R C I T G I S , Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
341 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 4
Menifee Mayor and City Council
December 7, 2022
Page
342 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 5
Menifee Mayor and City Council
December 7, 2022
Page
343 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 6
Menifee Mayor and City Council
December 7, 2022
Page
344 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 7
Menifee Mayor and City Council
December 7, 2022
Page
345 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 8
Menifee Mayor and City Council
December 7, 2022
Page
346 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 9
Menifee Mayor and City Council
December 7, 2022
Page
347 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 10
Menifee Mayor and City Council
December 7, 2022
Page
348 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 11
Menifee Mayor and City Council
December 7, 2022
Page
349 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 12
Menifee Mayor and City Council
December 7, 2022
Page
350 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 13
Menifee Mayor and City Council
December 7, 2022
Page
351 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 14
Menifee Mayor and City Council
December 7, 2022
Page
352 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 15
Menifee Mayor and City Council
December 7, 2022
Page
353 of 433

MATERIAL AND LABOR BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 32 ,250
Water System $ 24,500
Sewer System $ ______ _
Surety Westchester Fire Insurance Company
Address 436 Walnut Street WA06T
City/State Philadelphia, Pennsylvania
Zip 19106
Phone 215-640-1000
Tract/Parcel Map �32=6=2�8 _____ _
Bond No.

Premium ....._ ________ _
Principal FPG Tricon Menifee Property LLC
Address 27 271 Las Ram bias, Suite 100
City/State Mission Viejo, CA
Zip _9 _26_ 9_1 _________ _
Phone (949) 445-69 29
WHEREAS, the City Council of the City of Menifee, State of California, and FPG Tricon Menifee Property LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to Tract 32628, which agreement(s), dated 8/5/2022, is/are hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Fifty Six Thousand Seven Hundred Fifty Dollars, ($56,750) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10/26/20
K41598700
Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 16
Menifee Mayor and City Council
December 7, 2022
Page
354 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 17
Menifee Mayor and City Council
December 7, 2022
Page
355 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 18
Menifee Mayor and City Council
December 7, 2022
Page
356 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 19
Menifee Mayor and City Council
December 7, 2022
Page
357 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 20
Menifee Mayor and City Council
December 7, 2022
Page
358 of 433

Item Title: 10.21
Subdivision Improvement Agreement and Bonds for Tract 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 21
Menifee Mayor and City Council
December 7, 2022
Page
359 of 433

CITY OF MENIFEE
SUBJECT: Landscape Improvement Agreement and Bond for Tract Map 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Landscape Improvement Agreement to guarantee the completion of required landscape improvements associated with Tract 32628, located at the southeast corner of the intersection of Antelope Road and Craig Avenue.

DISCUSSION
Tract Map 32628, also known as Adler Ranch (“Project”), is a proposed subdivision of 29.29 gross acres of land into five total lots for multi-family use. The project is located at the southeast corner of the intersection of Antelope Road and Craig Avenue
FPG Tricon Menifee Property, LLC (“Developer”), is now requesting approval of the Landscape Improvement Agreement (“LIA”) for the construction of landscape improvements as required by the Project’s conditions of approval. The LIA requires that the improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.

Staff has reviewed the developer’s request and determined that the LIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required landscape improvements is shown in Table 1 below.

Table 1- TM32628, IP22-029L, Offsite Improvements
Improvement Security Faithful Performance Labor & Materials Landscape K41598931 $ 364,000 $182,000
Total $ 364,000 $182,000
Item Title: 10.22
Landscape Improvement Agreement and Bond for Tract Map 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 1
Menifee Mayor and City Council
December 7, 2022
Page
360 of 433

City of Menifee Staff Report
TM32628 Landscape Improvement Agreement
December 7, 2022

Page 2 of 2 ends

1 2
9 6

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Landscape Improvement Agreement

3. Landscape Improvement Bonds
Item Title: 10.22
Landscape Improvement Agreement and Bond for Tract Map 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 2
Menifee Mayor and City Council
December 7, 2022
Page
361 of 433

P r o je c t L o c a t io n
C it y o f M e n if e e M a p
C it y o f M e n if e e , S o u r c e : E s r i, M a x a r , E a r t h s t a r G e o g r a p h ic s , a n d t h e G I S U s e r C o m m u n it y
C it y B o u n d a r y
M a jo r R o a d s
F r e e w a y s & H ig h w a y s
8 / 1 0 / 2 0 2 2 , 2 : 4 9 : 3 3 P M
0 0 . 3 0 . 60 . 1 5 m i
0 0 . 5 5 1 . 10 . 2 8 k m
1 : 2 4 , 0 7 5
C it y S t a f f
M a x a r | C it y o f M e n if e e | R C I T - G I S | C it y o f M e n if e e ; R iv e r s id e C o u n t y | R C I T G e o g r a p h ic a l S o lu t io n s ( G I S ) | R iv e r s id e C o u n t y P a r c e l D a t a ; C it y o f M e n if e e G I S | R C I T - G I S , L A F C O | R C I T G I S , Item Title: 10.22
Landscape Improvement Agreement and Bond for Tract Map 32628, Adler Ranch, by FPG Tricon Menifee Property, LLC.

Item Page Number: 3
Menifee Mayor and City Council
December 7, 2022
Page
362 of 433