1 3
6 8
On November 11, 2022, staff released a Request for Proposal (RFP) to solicit firms to develop the Plan. A total of three proposals were received by the deadline from the following firms:
•KTU&A
•STC Traffic, Inc.
•TJKM Transportation Consultants (TJKM)
On December 5, 2022, an Evaluation Committee comprised of City staff reviewed the proposals based on criteria set forth within the RFP No. 2023-8 package. To ensure a fair and thorough evaluation, instructions to proposing firms required fee proposals be submitted separately. The Committee’s review focused on each firms understanding and ability to analyze existing plans and conditions, public engagement strategy, experience and qualifications of proposed staff and firm, services delivery approach, project management and cost control, and quality of responsiveness to the RFP. Staff elected to conduct evaluation interviews with all three firms.
Each firm was afforded an opportunity to provide a presentation and respond to six predetermined questions to Committee panelists. Committee panelists scored and ranked each firm based on the evaluation interview resulting in aggregate scores for each firm, as summarized in Table 1 below.
Table 1- Firm Ranking Summary
Firm Name Qualification
Ranking Interview Score Fee Proposal
KTU&A 1 83% $244,349.19
STC Traffic, Inc. 2 82% $221,074.07
TJKM 3 74% $244,410.27
As a result of the evaluation interviews conducted, KTU&A was ranked as the top qualified firm to provide Plan development services for the Project. Upon completing initial qualification rankings, staff proceeded to open the fee proposal submitted. KTU&A has proposed to perform the design services for a total amount of $244,349.19.
The fee proposed by KTU&A is less than the independent cost estimate of $250,180. Staff determined that the KTU&A cost proposal is reasonable for the scope of work to be performed and no further negotiations are necessary. City Council action is required for approval of the proposed PSA for the preparation of the Complete Streets Plan with KTU&A as the total amount of the agreement exceeds the City Manager’s signing authority.
STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
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City of Menifee Staff Report
CIP 22-30 KTU&A Agreement
February 1, 2023
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FISCAL IMPACT
The total anticipated cost for the Plan development services with KTU&A is $244,349.19. Funding is available through approved FY 2022/2023 project budgets in the amount of $28,675 to satisfy the 11.47% local funding match required in the Grant PSA as summarized in Table 2.
Table 2- Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Sustainable
Transportation
Planning Grant
Complete
Streets Plan 301-4555-52853 $221,325.00 $216,322.34
General Fund Complete
Streets Plan 100-4555-52853 $28,675.00 $28,026.85
ATTACHMENTS
1. CIP 22-30 PSA – KTU&A
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: COMPLETE STREETS PLAN
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KTU&A, a California 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 February 1, 2023 and shall end on June 30, 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 4
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February 1, 2023
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED FORTY
FOUR THOUSAND THREE HUNDRED FORTY NINE DOLLARS AND NINETEEN CENTS ($244,349.19) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the 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 and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.7
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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. 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: Complete Streets Plan. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 9
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February 1, 2023
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Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
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 Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 10
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February 1, 2023
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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification 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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 11
Menifee Mayor and City Council
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7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
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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 maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Michael Singleton, Principal (“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, Jenny McConville, Mangement Analyst I (“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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KTU&A
Attn: Michael Singleton, Principal
3916 Normal Street
San Diego, CA 92103
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Mangement Analyst I
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Kay Vinson, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Mike Singleton, Senior Principal
Joe Punsalan, Associate Principal
[Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include City of Menifee: Complete Streets Plan in the amount not to exceed TWO
HUNDRED FORTY FOUR THOUSAND THREE HUNDRED FORTY NINE DOLLARS AND NINETEEN CENTS ($244,349.19) as further detailed in the following page(s).
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CITY OF MENIFEE
SUBJECT: Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Ron Puccinelli, Information Technology Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code
3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
DISCUSSION
Law enforcement today faces a rapidly shifting landscape with challenges on every front. Success in meeting the challenges of the future requires policing strategies that leverage advanced technologies. The City of Menifee is committed to enhancing technology within the Police Department that enables staff to provide a higher level of service and increased public safety.
Ultra Forensic Technology, Inc. (Ultra) is the pioneer of automated ballistic identification, and the creator of IBIS technology used in over 80 countries to combat and prevent firearm crime. In 1997, Item Title: 10.8
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NIBIN
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1 3
2 2
ATF established the National Integrated Ballistic Information Network (NIBIN) to provide local, state, tribal, and federal law enforcement partners with an automated ballistic imaging network.
This technology is vital to any violent crime reduction strategy because it enables investigators to match ballistics evidence with other cases across the nation. This process also helps reveal previously hidden connections between violent crimes in different states and jurisdictions. NIBIN is only used for criminal investigations and does not capture or store ballistic information acquired at the point of manufacture, importation, or sale.
While the City of Menifee is fortunate to not face many violent crimes, the City does face many firearms related crimes and confiscates many NIBIN eligible firearms. A large part of this is due to a geographic location. The City is a thoroughfare for trafficking of many items, to include firearms, as well as being surrounded by violent crime challenged cities on our neighboring boarders. Within the first 18-months of the Menifee PD’s inauguration, the City received four out of jurisdiction investigative leads through NIBIN on firearms that were confiscated within the jurisdiction. But the problem lies in the turnaround time that the City currently encounters.
Presently, Menifee PD is required to mail evidence to northern California, due to there not being a NIBIN Correlation Center in the region. Aside from the concerns with Chain of Custody, this also slows down investigative leads a great deal. It takes upwards of four weeks to receive a “quick” response on submitted evidence. This is inclusive of collection, test firing, shipping, lab assignment, triaging, and correlating. By the time we receive our leads, the subject in custody has been released and/or bailed out, and it is nearly impossible to continue the cold trail.
The ability to have real time leads developed, information for crimes committed outside of our jurisdiction with the weapon or casings that we have recovered, would be invaluable to furthering our purpose of assuring the safety of the citizens of Menifee. It would put the leads in detectives’ hands while subjects are still in custody. It would allow us to identify leads for unsolved crimes in our region, crimes committed by subjects that have not been identified by law enforcement yet. It would allow us to be a resource to our partners in the County and assist in making all Riverside County safer for our citizens and families.
NIBIN currently has 4.5 million pieces of ballistic evidence stored in it, with 472,948 pieces being acquired in 2020 alone. Of those 2020 acquisitions, 104,206 NIBIN leads were generated across the country, linking violent crimes, offenders, and evidence together and generating comprehensive leads for investigators for the purpose of prosecuting criminals and combating violent crime.
The Menifee Police Department recommends the procurement of the BRASSTRAX and MATCHPOINT systems, as well as a 6-year service agreement with Ultra, for software to further increase the effectiveness and efficiency of department staff; enabling the department to more effectively investigate firearm related crimes and combat violent crime.
Pursuant to Menifee Municipal Code 3.12.070(A)(7) and (8) the purchase of the BRASSTRAX and MATCHPOINT IBIS software is recommended as unique commodity and that this can only be obtained from one vendor (sole source). The BRASSTRAX and MATCHPOINT equipment and software is a proprietary system that is only manufactured and sold by this vendor. From a technology standpoint, this system is the only system currently fully integrated with NIBIN.
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STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The aggregate fiscal impact of the Ultra, is $346,762 covering a six-year warranty subscription period, and a one-time implementation cost. The annual cost of the warranty and software subscription costs for the additional five-years would be $22,581.20.
Funding for Fiscal Year (FY) 2022/2023 will be funded by the available fund balance within the IT Fund (110), specifically within Account #110-4911-51355 (Capital Outlays) in the amount of $211,275 for the equipment component of the purchase, and Account #110-4911-53153 (Cloud Based Subscription/Licenses) in the $22,581 for the software and warranty components.
Future costs (years 2 thru 6) of $112,906 will be budgeted in the corresponding fiscal years’ budget(s).
The funds for this purchase were previously allocated in FY 2021/2022 but were unable to be encumbered prior to the end of the year. A corresponding Budget Amendment Resolution is included as part of this staff report approving appropriation of $233,856 for FY 2022/2023.
ATTACHMENTS
1. Ultra Forensic Technology, Inc. Proposal Packet with Sole Source Letter
2. BAR - Ultra Forensic Technology
Item Title: 10.8
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Submitted to the: Menifee Police Department
29714 Haun Road
Menifee, California 92586
Attention:
Ms. Chonte Keene
Crime Scene/Evidence Specialist
By: Forensic Technology Inc., a member of the Ultra Group of companies 7975 114th Ave. North, Suite 2500
Largo, FL 33773-5028
Date: November 8, 2022
Reference No.: S-07634, Rev. 04
Proposal for
IBIS® Systems
The information, technical data, concepts, and designs disclosed herein are the exclusive property and contain proprietary rights, trade secret and confidential business or financial information of Ultra Electronics Forensic Technology Inc. or others that are not to be used, copied, or disclosed to any other party without the advanced written consent of Ultra Electronics Forensic Technology Inc., and/or that are exempt from disclosure under the Freedom of information Act, where applicable. The recipient of this document, by its retention and use, agrees to hold in confidence the information, technical data, concepts, and designs contained herein.
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Our Reference #: S-07634, Rev. 04 November 8, 2022 i
Use or disclosure of this data is subject to the restriction outlined on the cover page of this document Content
1 Executive Summary .......................................................................................................................... 1
1.1 Solution Overview ............................................................................................................... 1
1.2 Forensic Technology, IBIS and NIBIN .................................................................................. 1
1.3 Your Contact at Forensic Technology ................................................................................. 2 2 Pricing and Standard Terms ............................................................................................................. 3
2.1 Option 1 .............................................................................................................................. 3
2.2 Option 2 .............................................................................................................................. 4
2.3 Proposal/Offer Validity Period ............................................................................................ 5
2.4 Currency .............................................................................................................................. 5
2.5 Payment Terms ................................................................................................................... 5
2.6 Delivery ............................................................................................................................... 5
2.7 Shipping, Duties, Taxes and Fees ........................................................................................ 6
2.8 Property Title and Risk of Loss ............................................................................................ 6
2.9 Warranties, Material and Workmanship ............................................................................ 6
2.10 Connection to NIBIN ........................................................................................................... 6
2.11 Arbitration ........................................................................................................................... 6
2.12 Limitation of Liability .......................................................................................................... 7
2.13 Termination for Convenience ............................................................................................. 7
2.14 Force Majeure ..................................................................................................................... 7
2.15 Software License Agreement .............................................................................................. 7
2.16 Availability Commitment .................................................................................................... 7
2.17 Privacy of Personal Data ..................................................................................................... 8
2.18 Anti-Bribery ......................................................................................................................... 8 3 Scope of Services ........................................................................................................................... 10
3.1 Site Survey ........................................................................................................................ 10
3.2 Equipment Transport and Delivery ................................................................................... 10
3.3 Installation ........................................................................................................................ 10
3.4 On-Site Acceptance ........................................................................................................... 11
3.5 SafeGuard Warranty ......................................................................................................... 11 4 IBIS Facility Requirements Overview ............................................................................................. 12
4.1 Storage Requirements ...................................................................................................... 12
4.2 Environment ..................................................................................................................... 12
4.3 Footprint ........................................................................................................................... 12
4.4 Power Source Requirements ............................................................................................ 13
4.5 Communication Lines ....................................................................................................... 13
4.6 Local Area Network (LAN) ................................................................................................. 13 Annexes
• Sole Source Letter
• About Forensic Technology
• Ways to join NIBIN
• IBIS Training Programs
• Services covered by SafeGuard
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
191 of 454
Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 1 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 1 Executive Summary
Forensic Technology Inc., a member of the Ultra Group of companies, (hereinafter referred to as Forensic Technology), is pleased to provid e the Menifee Police Department (hereinafter referred to as the Customer) with this proposal for options of our latest gen eration of Integrated Ballistic Identification System (IBIS®).
1.1 Solution Overview
Forensic Technology offers the world’s leading solution for automated ballistic identification. IBIS solutions provide timely actionable intelligence for the investigation of firearm-related crimes, which has contributed to the arrest of thousands of criminals. IBIS is the search engine that helps law enforcement agencies quickly find links between firearm -related incidents. IBIS uses specialized 3D microscopy to capture the unique markings left by firearms on fired bullets and cartridge c ases. The powerful IBIS correlation algorithms reveal the most likely matches in IBIS networks representing millions of bullets and cartridge cases. High -definition 3D viewing makes it easy to review the top search results, ranked by similarity, using virtual microscopy to visually compare the surface details. A match found in IBIS is often sufficiently apparent to provide an investigative lead, without having access to the physical evidence. IBIS makes it possible for agencies to collaborate seamlessly, wh ether it be regionally, nationally or internationally.
Each IBIS solution package features the latest generation of IBIS technology and includes exceptional 3D imaging, the best comparison algorithms for ballistic evidence in large databases, and a reliable and secure data management infrastructure.
Option Description
1. NIBIN Cartridge Cases Acquisition & Triage Package, comprising:
- One (1) BRASSTRAXTM Acquisition Station
- One (1) PAG800 Stereo Zoom Microscope
2. NIBIN Cartridge Cases Acquisition, Analysis & Triage Package, comprising:
- One (1) BRASSTRAXTM Acquisition Station
- One (1) MATCHPOINTTM Analysis Station for Cartridge Cases - One (1) PAG800 Stereo Zoom Microscope
NOTES:
Please see the attached brochure “Ways to join NIBIN” for detailed product features and functionality.
For Option 1 it is assumed that the analysis of the correlation results will be performed at another location or another agency where a MATCHPOINT Analysis Station for Cartridge Cases is available.
1.2 Forensic Technology, IBIS and NIBIN
Because criminals move from jurisdiction to jurisdiction, IBIS has been designed to automatically share ballistic evidence across local, regional and national networks. Today, IBIS is the backbone of the National Integrated Ballistic Information Network (NIBIN) providing a valuable database of ballistic intelligence that can help link firearm crimes nationwide.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 2 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
Established by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), NIBIN links crimes more quickly, generates investigative leads that wo uld otherwise not have been detected, shares intelligence across jurisdictional boundaries, and gives prosecutors admissible evidence to corroborate witness testimony. NIBIN is the only national network that allows for the capture and comparison of ballist ic evidence to aid in solving and preventing violent crimes involving firearms. It is a resource that is vital to any violent crime reduction strategy, providing investigators with the ability to compare their ballistics evidence against evidence from other crimes outside of their jurisdiction.
1.3 Your Contact at Forensic Technology
Should you have any questions about this proposal, please do not hesitate to contact Mr. Brandon Huntley in Phoenix, Arizona at telephone number +1 602 826 8802 or via e -mail at [email protected].
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
193 of 454
Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 3 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 2 Pricing and Standard Terms
This section details our prices and standard terms.
2.1 Option 1
Description Total Price
(USD)
NIBIN Cartridge Cases Acquisition & Triage Package, comprising:
- One (1) BRASSTRAX Acquisition Station
- One (1) PAG800 Stereo Zoom Microscope
- One (1) color printer
- One-year SafeGuard Warranty
- Shipping and handling charges DDP Customer Premises (Incoterms® 2020), unloaded - Installation and commissioning
$150,288
Sub-Total $150,288
Sales Tax (8.75%) $13,150.20
TOTAL PRICE (US Dollars) $163,438.20
Optional Items
Item SafeGuard Warranty following
one-year warranty
Standard Price
(if purchased
annually)
Multi-Year
Discount
Discounted
Price (USD)
1. One (1) additional year $17,994 ($858) $17,136
2. Three (3) additional years $55,618 ($6,619) $48,999
3. Five (5) additional years $95,533 ($17,633) $77,900
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
194 of 454
Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 4 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
2.2 Option 2
Description Total Price
(USD)
NIBIN Cartridge Cases Acquisition, Analysis & Triage Package, comprising:
- One (1) BRASSTRAX Acquisition Station
- One (1) MATCHPOINT Analysis Station for Cartridge Cases - One (1) PAG800 Stereo Zoom Microscope
- One (1) color printer
- One-year SafeGuard Warranty
- Shipping and handling charges DDP Customer Premises (Incoterms® 2020), unloaded - Installation and commissioning
$215,040
Sub-Total $215,040
Sales Tax (8.75%) $18,816.00
TOTAL PRICE (US Dollars) $233,856.00
Optional Items
Item SafeGuard Warranty following one-
year warranty
Standard
Price
(if purchased
annually)
Multi-Year
Discount
Discounted
Price (USD)
4. One (1) additional year $26,079 ($1,242) $24,837
5. Three (3) additional years $80,608 ($9,591) $71,017
6. Five (5) additional years $138,457 ($25,551) $112,906 NOTES:
1. Prices for all optional SafeGuard Warranty items are based on purchase and payment at the same time as the equipment. If the Customer wishes to purchase extended warranty separately from the equipment, Forensic Technology reserves the right to revise the pricing.For option 1 it is assumed that the analysis of the correlation results will be performed at another location or another agency where a MATCHPOINT Analysis Station for Cartridge Cases is available.
2. Pricing in this proposal includes security components as mandated by ATF.
3. Multi-year Safeguard Protection Plans yield substantial savings which are achieved as a result of loyalty discounts and the absence of annual indexation.
4. Extended warranty is not applicable to the PAG800 Stereo Zoom Microscope. After the initial one- year warranty, labor and material charges for repairs to the PAG800 Stereo Zoom Microscope will be for the Customer’s account.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 5 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
NOTES – Continued:
5. This proposal does not include Basic User Training at the Customer site . However, it is For ensic Technology’s policy that all system operators be trained by a Forensic Technology certified instructor. Failure by the Customer to adhere to this policy may result in the cancellation of all warranties and service agreements.
6. Pricing includes State Sales Tax at 8.75%. In the event a different rate applies, the Customer should inform Forensic Technology. If the Customer is exempt from State Sales Tax, the Customer should provide Forensic Technology with a valid exemption certificate. In either scenario, Forensic Technology will revise its pricing accordingly
7. According to the California Department of Tax and Fee Administration Publication No. 119, https://www.cdtfa.ca.gov/formspubs/pub119 , Sales Tax is not applicable to extended warranty.
As such, no Sales Tax has been added to Optional Items 1, 2, 3, 4, 5 and 6.
Standard Terms
2.3 Proposal/Offer Validity Period
In accordance with the current scope of the project and requirements, this proposal is designed to provide up to date information on our pro ducts and/or services and related prices. As such, all information contained within is valid as at the date of issuance of this proposal and is subject to change, without notice, after February 28, 2023.
2.4 Currency
All prices are quoted in United States Dollars.
2.5 Payment Terms
Forensic Technology will invoice the Customer upon shipment from our location. The payment will be due 100% net thirty (30) days from the date of our invoice.
2.6 Delivery
The delivery of the equipment will be within one hundred and eighty (180) days after receipt and acceptance of purchase order. However, in the past months, due to COVID -19 and other factors beyond our control, we have been experiencing delays in parts delivery from our suppliers, which is negatively impacting our delivery s chedules to our customers. As the situation remains uncertain, the delivery will be confirmed upon receipt and acceptance of purchase order. Forensic Technology will continue to work with our supply chain partners in an effort to reduce delivery delays and meet our customers’ preferred timelines.
The installation date at the Customer site will depend on availability of the equipment on -site as well as site readiness including the installation of all required communication lines . F or NIBIN connectivity, installation by ATF of JUTNet communication lines is mandatory before the equipment installation be fully completed. Upon receipt and acceptance of the Customer’s Purchase Order, Forensic Technology will notify ATF accordingly so tha t the JUTNet process may start. In parallel, the Customer should begin the necessary site preparation in conjunction with Forensic Technology. Delays related to installation of JUTNet communication lines can be up to several months; it is therefore encoura ged to begin working with ATF as soon as possible to schedule installation.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 6 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
2.7 Shipping, Duties, Taxes and Fees
The equipment will be shipped DDP Customer Premises (Incoterms ® 2020), unloaded . Forensic Technology will be responsible for shipping the goods fro m its factory to the installation site, for all charges related to exportation, customs clearance and importation of the goods, as well as duties and taxes related thereto, and for unloading the shipment on the Customer’s loading dock. With the exception of Sales Tax, the quoted price excludes withholding taxes (if applicable), as well as storage fees, which will be for the Customer’s account.
2.8 Property Title and Risk of Loss
Title and risk of loss of the equipment shall pass to the Customer when the equipment arrives at the point of delivery, regardless of completion of on -site Test Procedure and other services required under the contract.
2.9 Warranties, Material and Workmanship
Forensic Technology warrants to the Customer that all products delivered sha ll be new and free from defects in material, workmanship, and title.
Initial delivery will consist of factory new parts. Replacement parts delivered during the warranty period may be refurbished products or parts.
Forensic Technology expressly warrants the products manufactured by it as meeting the applicable specifications.
Forensic Technology makes no other warranties either expressed or implied (including without limitation warranties as to merchantability or fitness for a particular purpose) . The Customer retains responsibility for the application and functional adequacy of the purchased system.
The Customer or any other third party must not alter the system's configuration, either by installing hardware/software or modifying system parameters. Should any modifications be performed by any party other than Forensic Technology, Forensic Technology reserves the right to void the balance of the system's warranty.
2.10 Connection to NIBIN
This proposal assumes that the Bureau of Alcohol, Tobacco, Firear ms and Explosives (ATF) will grant the Customer access to the National Integrated Ballistic Information Network (NIBIN), a NIBIN -IBIS Data Concentrator and a NIBIN-IBIS Correlation Server. A Memorandum of Understanding (MOU) between the agencies must be in place in order for the installation to be fully completed.
2.11 Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to the contract resulting from this proposal or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration under UNCITRAL rules, at a neutral venue and under applicable law to both parties.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 7 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
2.12 Limitation of Liability
Except as may be prohibited by applicable local law, in no event shall Forensic Technology be liable for any special, incidental, indirect, or consequential damages whatsoever (incl uding, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the system or the delivery or failure to deliver support services, even if Forensic Technology has been advised of the possibility of such damages. The Customer agrees to indemnify and hold Forensic Technology harmless in such events.
2.13 Termination for Convenience
Upon written notice from the Customer, should any contra ct resulting from this proposal be terminated for the convenience of the Customer, Forensic Technology shall be entitled to compensation from the Customer, as follows:
• If the termination notice is received prior to the equipment being packed at the factory , the Customer shall pay Forensic Technology 35% of the total value of the contract, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer. • If the termination notice is received after the equipment is packed and/or shipped, but prior to installation at the Customer’s site, the Customer shall pay Forensic Technology 75% of the value of the contract. In addition, the Customer will also reimburse Forensic Technology for the costs of crating and shipping the equipment to the Customer’s site and back to Forensic Technology, as well as any costs incurred to put in place and cancel any bonds or other sureties required by the Customer.
The contract cannot be terminated once the equipment is installed at the Customer’s site.
2.14 Force Majeure
Forensic Technology shall not be liable for any delay or failure to perform any of its obligations hereunder due to causes beyond its control and without its fault or negligence , whether foreseeable or not . Such causes shall be deemed to include, but not be limited to: acts of God or the public enemy; national emergencies, war, civil disturbances, insurrection or riot; strikes, lockouts, or any other industrial disputes; fire, explosion, flood, earthquake or other catastrophes; e nergy shortages; serious accident, epidemic or quarantine restriction; embargoes, allocations necessitated by material shortages, delays in deliveries by Forensic Technology’s suppliers or subcontractors, or failure of transportation; or any law, order, regulation, direction or request of any government which have effect on this contract.
2.15 Software License Agreement
Use of the IBIS equipment is subject to a software license agreement, which resides on the machine. Users are required to accept the agreement prior to having access to the system. License fees for all software provided with the system are included in the initial purchase price and are included in any subsequent SafeGuard charges.
2.16 Availability Commitment
Forensic Technology commits to the supply of spare parts for a period of seven (7) years from installation of the equipment. If a defective component canno t be replaced due to discontinuation by its manufacturer, Forensic Technology will make the utmost effort to propose an alternate solution.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
198 of 454
Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 8 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document.
2.17 Privacy of Personal Data
When dealing with personal data, as it is defined in the General Data Protection Regulation (GDPR), Forensic Technology is committed to protecting the privacy of any such personal data it may hold, and will do so using appropriate security controls and procedures. Forensic Technology is also committed to ensuring compliance in all services and underlying processes where personal data is processed on behalf of partners and Customers.
Unless required by law to do so, Forensic Technology does not, and does not intend to, share with partners, other Customers or third parties, the personal data it may hold and collect through its many business operations. Forensic Technology uses personal data solely for contacting individuals in the course of normal business and in marketing activities. At any time, individuals may request that their contact information be removed from our database or they may opt out from receiving future marketing campaign emails.
For additional information, please refer to the following: https://www.ultra-electronics.com/corporate- responsibility/data-privacy-notice.
2.18 Anti-Bribery
It is Forensic Technology’s policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to:
• Acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate; and
• Implementing and enforcing effective systems to counter bribery.
We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate. Among other laws and regulations, we are bound by the laws of the UK, including the Bribery Act 2010, in respect of our conduct at all times and everywhere around the world.
As such, Forensic Technology will:
• not, whether directly or indirectly, authorize, offer, promise or give a financial or other advantage (including without limitation any money, con tribution, gift, bribe, rebate, payoff, influence payment, kickback, loan, reward, advantage or anything of value, including any benefit of any kind):
o to another person with the intention to induce a person to perform improperly a relevant function or activity (including any function of a public nature, any activity connected with business, any activity performed in the course of a person's employment or any activity performed by or on behalf of a body of persons (whether corporate or unincorporated)); o to another person with the intention to reward a person for the improper performance of such a function or activity;
o to another person with the knowledge or belief that the acceptance of the advantage would itself constitute the improper performance of such a function or activity; o to a Public Official (or his representative), any political party or party official, any candidate for political office:
▪ with the intention of influencing such official, party, or candidate in its or his official capacity to do or omit to do an act in violation of the lawful duty of such party, official, or candidate and with the intention of obtaining or retaining business, or to secure any improper advantage;
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 9 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. ▪ as consideration for an act or omission by the official in connection wit h the performance of the official’s duties or functions; or to induce the official to use his or her position to influence any acts or decisions of the state or public international organization for which the official performs duties or functions; or ▪ to influence such official in his capacity as such with the intention of obtaining or retaining business or an advantage in the conduct of business; o to another person, while knowing or suspecting that all or a portion of such financial or other advantage will b e offered, given, or promised, directly or indirectly, under the circumstances listed in the items above.
For the purposes of this clause, 'Public Official' means (i) a person who holds a legislative, administrative or judicial position of a state; (ii) a person who performs public duties or functions for a state, including a person employed by a board, commission, corporation, public enterprise or other body or authority that is established to perform a duty or function on behalf of the state, or is performing such a duty or function; and (iii) an official or agent of a public international organization that is formed by two or more states, governments, or public international organizations.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 10 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 3 Scope of Services
This section details the services included in this proposal.
3.1 Site Survey
Forensic Technology requires that the Customer complete a Site Survey ahead of equipment shipment.
The purpose of this survey is to verify that the site selected by the Customer for the installation of the system complies with the site requirements described in the IBIS Facility Requirements Overview.
Elements to be verified include, but are not limited to:
• Floor plan with dimensions of the proposed locat ion (Forensic Technology may require photographs to be submitted)
• Confirmation of network and electrical systems
• Description of environmental factors, for example: temperature, humidity, dust free environment, and exposure to direct sunlight
The assigned P roject Manager will provide the Customer with the Facility Requirements and will be available to answer questions that arise.
If the Customer finds that the results of the Site Survey are unsatisfactory, Forensic Technology will outline recommendations to ensure the site is ready to receive the system.
NOTE: If, at installation time, one or more sites do not fully meet facility requirements, and the technician must return on-site or extend their visit to complete the installation, all additional expenses (labor, travel, living, etc.) incurred by Forensic Technology will be for the Customer’s account.
3.2 Equipment Transport and Delivery
At contract award or shortly thereafter, the Customer will be asked for information in order to accelerate and optimize the delivery process, as follows:
• Detailed consignee information (contact names, addresses and coordinates) • Information on customs clearance and importation (process, preferred customs agent if any) • Documentation requirements
• Any other pertinent information
After successful factory tests, the system will be disassembled, packed and delivered to the Customer for installation by Forensic Technology qualified personnel.
The Customer will be responsible for supplying suitable off -loading facilities, forklift, dolly, and other moving equipment.
3.3 Installation
The installation of the proposed system at the Customer-prepared site will be concluded as follows:
Option Description Duration
1 NIBIN Cartridge Cases Acquisition & Triage Package Within one (1) working day 2 NIBIN Cartridge Cases Acquisition, Analysis & Triage Package Within one (1) working day Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
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NOTE: This proposal assumes the Customer will provide one (1) able -bodied person to assist the Forensic Technology field technician with equipment lifting during the i nstallation. The Customer must assign and provide the person’s name to Forensic Technology prior to the planned installation date. The Customer will be responsible for ensuring this person has adequate bodily injury insurance coverage. If the Customer cannot provide this person, Forensic Technology will be required to send two (2) field technicians and charge the cost to the Customer.
3.4 On-Site Acceptance
Following the installation of the system at the Customer site, Forensic Technology will execute a Test Procedure. Upon the successful completion of this on -site Test Procedure, the system shall be deemed accepted and the Customer’s authorized personnel sha ll be required to sign the Certificate of Conformance and Final Customer Acceptance form. The warranty commences upon the successful completion of the on-site Test Procedure. Acceptance on-site is not to be construed as transfer of title of ownership to the Customer.
3.4.1 Training – Manufacturer’s Recommendation
In order to maximize the Custo mer’s investment in the IBIS technology, Forensic Technology strongly recommends that all system operators be trained by a Forensic Technology or NIBIN Authorized Trainer (NAT) prior to use. This will ensure that the installed technology achieves the expected results and meets its intended purpose. Completing system training with a certified trainer also facilitates receipt of support and assistance from Forensic Technology’s Global Customer Solutions team.
NOTE: Cartridge Cases Triage Training is not included in this proposal based on the assumption that trainees meet the following conditions:
- The trainees are Firearms Examiners, or
- The trainees are experienced IBIS technicians familiar with performing triage, or - The Customer will provide its own triage training prior to the BRASSTRAX training.
3.5 SafeGuard Warranty
The proposed IBIS equipment includes a one-year SafeGuard Warranty covering parts, labor and software upgrades that commences upon the successful completion of the On-Site Acceptance, or three (3) months from the date of shipment, whichever occurs first.
All IBIS systems deployed on NIBIN must meet the U.S. Department of Justice (DOJ) security requirements.
Forensic Technology’s SafeGuard Warranty includes key services that ensure all IBIS systems continue to be compliant with the DOJ requirements.
NOTES:
1. If the on-site Test Procedure takes place more than three (3) months from the date of shipment due to delays in the installation of JUTNet communication lines, the start of the warranty will be postponed accordingly.
2. Please see the attached brochure for additional details on SafeGuard.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
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Our Reference #: S-07634, Rev. 04 November 8, 2022 Page 12 of 13 Use or disclosure of this data is subject to the restriction outlined on the cover page of this document. 4 IBIS Facility Requirements Overview
This section provides an overview of the IBIS facility requirements. Forensic Technology will provide the Customer with the formal facility requirements documentation prior to the start of the project.
4.1 Storage Requirements
In the event that the system(s) will be kept in Customer-provided storage prior to installation, the storage facility will need to have, at all times, a temperature between 0 and 50 degrees Celsius (32- and 122- degrees Fahrenheit) with a relative humidity between 50% and 70%.
4.1.1 Crate Dimensions
The equipment is delivered in wooden crates and the dimensions are as follows:
Option Equipment
Dimensions (W x L x H) (in) / Weight (lb)
Crate 1 Crate 2
1 NIBIN Cartridge Cases Acquisition & Triage
Package
31 X 24 X 40 35 X 73 X 40
245 lb 400 lb
2 NIBIN Cartridge Cases Acquisition, Analysis
& Triage Package
31 X 24 X 40 35 X 73 X 40
245 lb 400 lb
4.2 Environment
Air conditioning is mandatory. The Customer must maintain, at all times, the temperature of the room(s) housing the system between 15 and 30 degrees Celsius (60 to 86 degrees Fahrenheit) with a relative humidity between 50% and 70%.
Forensic Technology recommends that the system be installed in a relatively dust -free operati ng environment. Carpeting is not recommended.
4.3 Footprint
The footprint required for each major component is detailed below:
Equipment Footprint
BRASSTRAX Acquisition Station
The BRASSTRAX Acquisition Station can be installed on a sturdy table or desktop, which is to be supplied by the Customer. Both the table and work desk need to be next to each other and when combined with the operator’s chair
and access space require a footprint of W91” x D97” x
standard room height.
Printer
The printer rests on a table that is to be supplied by the Customer. The table needs to be installed next to either the BRASSTRAX Acquisition Station or the MATCHPOINT Analysis Station. The footprint for this table would be approximately W23” x D30” x standard room height.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
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Equipment Footprint
MATCHPOINT Analysis Station
The MATCHPOINT Analysis Station rests on a work desk,
which is to be supplied by the Customer. The work desk
when combined with the operator’s chair and access space requires a footprint of approximately W68” x D97” x
standard room height.
PAG800 Stereo Zoom Microscope
The PAG800 Stereo Zoom Microscope can be installed on a table, desk or working bench supplied by the Customer. Its footprint is approximately W12” x D12” x H18” without
camera.
4.4 Power Source Requirements
The power source required for each major component is detailed below:
Equipment Circuit Breaker Rating Approx. Heat Dissipation (BTU Per Hour)
BRASSTRAX Acquisition Station 2000 VA 4700
MATCHPOINT Analysis Station 1000 VA 2500
Printer 1000 VA 2500
PAG800 Stereo Zoom Microscope n/a
NOTE: All the equipment above uses either a 100 – 120 VAC 60 Hz or a 220 – 240 VAC 50 Hz single phase power source.
4.5 Communication Lines
ATF will furnish the communication lines needed for Forensic Technology to provid e remote technical support and for networking with other IBIS Systems.
NOTE: Forensic Technology will not be liable for the lack of technical support to the Customer due to unsuitable communication lines.
4.6 Local Area Network (LAN)
The various components of the proposed system are interconnected via a Fast Ethernet (100Base-T) LAN.
Following are the connectivity requirements:
• If all the system components are to be installed in the same room and the length of the LAN cable run does not exceed 30m (100’), Forensic Technology will be able to provide the hardware, and the labor needed to set up the LAN.
• If there is one or more system components to be installed in the same building but at different locations (i.e., not in the same room), then Forensic Technology will require collaboration from the Customer’s local IT and building maintenance staff to facilitate the installation. The network infrastructure should be Category 5 or 6 compliant and terminated with an RJ-45 connector. Any network point provided should be within 2m (79”) of the component.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
204 of 454
Ultra Electronics Forensic Technology Inc.
800 Hymus Blvd, 4th floor
St-Laurent, Quebec
H4S 0B5
Canada
Tel +1 514 489 4247
Fax +1 514 485 9336
Sans Frais/TollFree +1 888 984 4247
www.ultra-forensictechnology.com
November 8, 2022
Menifee Police Department
29714 Haun Road
Menifee, CA 92586
Subject: Sole Source Letter
To whom it may concern:
The Integrated Ballistic Identification System (IBIS®) uses technology that encompasses several patents protected in the United States and throughout the world. As such, manufacturing and servicing these products require access to proprietary and commercia lly sensitive information that is only accessible to employees of Ultra Electronics Forensic Technology Inc. and its affiliate company Forensic Technology Inc. (hereinafter collectively referred to as Forensic Technology).
Consequently, only Forensic Technology, the exclusive manufacturer of IBIS and Quantum 3D Microscope™ (Q3M), can provide their proprietary products IBIS BRASSTRAX, IBIS BULLETTRAX, IBIS MATCHPOINT, IBIS Data Concentrator, IBIS Correlation Engine, and Q3M, as well as ma intenance, upgrades and services, including data migration, moving and training services pertaining thereto.
Furthermore IBIS, currently in use in the United States under the ATF NIBIN program, is the only technology that has undergone extensive testing a nd complies with the security standards needed for integration into NIBIN. Other ballistic identification technologies are not compatible with NIBIN.
Sincerely yours,
Stacy Stern
Vice President Sales and Marketing
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 19
Menifee Mayor and City Council
February 1, 2023
Page
205 of 454
www.ultra-forensictechnology.com
Follow us
Forensic Technology is a leading provider of forensic investigation and analysis tools used by law enforcement agencies around the world to keep their societies safe.
We created IBIS® (the Integrated Ballistic Identification System) in 1991 and are pioneers in automated ballistics identification. IBIS helps forensic experts provide detectives with timely information about guns, crimes, and suspects.
It does so by suggesting possible matches between pairs of fired bullets and cartridge cases. It finds the proverbial “needle in the haystack” and it does so at speeds well beyond human capabilities. In 2011 we added forensic document examination to our portfolio of solutions through our purchase of Swiss-based Projectina AG, a manufacturer of optical and opto-electronic systems.
Forensic Technology is a customer-driven organization that partners with hundreds of public safety agencies in over 130 countries. We provide cost-effective crime-fighting solutions a solid corporate infrastructure that governments can call upon for forensic investigation and analysis.
With vast experience in scalable, sustainable, networked solutions, our engineering, forensic, and law-enforcement professionals provide worldwide 24/7-customer support and dedicated training facilities. Our products are powerful tools that can be used for independent examination. But when networked, they become powerful systems that facilitate data analysis and intelligence sharing among agencies and across jurisdictional boundaries.
In 2014, we joined Ultra Electronics, a successful international defense, security, transport, and energy company.
Ultra has a long and consistent record of innovating and engineering solutions that satisfy customer requirements (www.ultra-electronics.com).
Forensic Technology helps law-enforcement agencies around the world achieve higher levels of performance in the fight against crime. We continue to innovate so the world can be a safer place.
For more information, please visit www.ultra-forensictechnology.com.
ABOUT
ULTRA ELECTRONICS
FORENSIC TECHNOLOGY
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
Page
206 of 454
NIBIN National Correlation
and Training Center (NNCTC)
ATF provides dedicated resources for the turnaround of investigative leads within 24-48 hours.
NNCTC partnership is subject to ATF approval.
Managed by ATF, the NIBIN program is a partnership with federal, state, county, local, and tribal law enforcement agencies.
Depending on an agency’
s needs and capabilities, there are
various options for them to join NIBIN and benefit from broader crime gun intelligence.
WAYS TO JOIN NIBIN
PAG 800 BRASSTRAX MATCHPOINT
1 FULL CAPABILITY
NIBIN Cartridge Case Triage, Acquisition, and Analysis
ANALYSIS BY PARTNER AGENCY OR NNCTC
NIBIN Cartridge Case Triage and Acquisition2
SEND OR CARRY TO PARTNER
Submit evidence to partner NIBIN site or take it there to enter yourself3 Entering firearm evidence into the National Integrated Ballistic Information Network produces new investigative leads by linking firearm-related crimes.
EVIDENCE
COLLECTION
INVESTIGATIVE
FOLLOW-UP
NIBIN TRIAGE
NIBIN ACQUISITION NIBIN ANALYSIS
NIBIN LEAD
DISTRIBUTION
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 21
Menifee Mayor and City Council
February 1, 2023
Page
207 of 454
NIBIN CARTRIDGE CASE ACQUISITION
Digitally captures the regions of interest on a cartridge case in 2D and 3D, revealing considerable impression detail and multiple viewing perspectives that are uploaded onto NIBIN to automatically search for matches.
NIBIN TRAINING & E-LEARNING
Access to NIBIN requires formal training, offered on-site or at a training center.
Every NIBIN user has access to an e-learning service to deepen their knowledge and maximize their effectiveness, including multimedia training courses, user guides, how-to videos, and informative webinars.
NIBIN CARTRIDGE CASE TRIAGE
The stereo zoom microscope enables a NIBIN technician to triage cartridge cases collected from a crime scene, and those that are test-fired from a seized firearm, selecting the best candidates for entry into NIBIN.
www.ultra-forensictechnology.com
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NIBIN CARTRIDGE CASE ANALYSIS
Provides extensive 2D and 3D viewing tools to review the correlation results, significantly increasing identification success rates.
High-confidence matches can be quickly communicated as leads to investigators.
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 22
Menifee Mayor and City Council
February 1, 2023
Page
208 of 454
PROFESSIONALLY-DEVELOPED COURSES
To provide a balance of active participation and learning effectiveness, our training programs consist of a variety of modules including presentations, hands-on sessions, group discussions, and real-world scenarios to ensure a successful IBIS program.
The courses that we offer are:
IBIS TRAINING PROGRAMS
The Integrated Ballistics Identification System (IBIS ®) is backed by over 25 years of leading-edge innovation, helping law enforcement professionals in over 80 countries and territories reduce gun crime, apprehend criminals, and make society safer. Our mission is to ensure that customers get the most from their investment by providing high-quality training.
BRINGING OUR EXPERTISE TO YOU
Our highly-experienced trainers work closely with our
product development team to deliver relevant, applicable, and up-to-date training based on the latest technology.
Depending on your specific needs, our instructors
can conduct one-on-one sessions, consult with
small groups, or combine a mix of both—all in the
convenience of your own facility, no matter where you
are located.
MULTILINGUAL LEARNING SUPPORT
Ultra Electronics Forensic Technology Inc.
is a global organization with dynamic trainers
from diverse linguistic backgrounds. Our in-depth
training courses are currently offered
in multiple languages.
IBIS BRASSTRAX™ Acquisition and Triage
Introduces trainees to the basics of acquiring cartridge cases using the BRASSTRAX Acquisition Station. Trainees will learn the basics of triaging fired cartridge cases recovered from crime scenes, as well as testfired cartridge cases, in order to select suitable candidates for image capturing with the IBIS system.
IBIS BULLETTRAX™ Acquisition
Introduces trainees to the basics of acquiring bullets using the BULLETTRAX Acquisition Station.
IBIS MATCHPOINT™ Correlation
Introduces trainees to the essentials of analyzing bullet and/or cartridge case images using the MATCHPOINT
Analysis Station.
IBIS HD3D™ Management
Provides law enforcement agency supervisors with the
essential knowledge and strategies to create effective IBIS- use protocols and procedures within their organizations.
Train the Trainer for IBIS BRASSTRAX™
Ensures that in-house trainers are prepared to deliver
relevant and useful material that will be used to train, coach, and support new and existing IBIS BRASSTRAX users.
WHO BETTER TO TRAIN YOU ON IBIS THAN THE MAKERS OF IBIS?
IBIS TRAINING FOR A HIGHER SUCCESS RATE
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 23
Menifee Mayor and City Council
February 1, 2023
Page
209 of 454
E-LEARNING
An arsenal of information at your fingertips
All IBIS users gain access to the Forensic Technology e-learning system designed to further enhance the IBIS user experience. Our growing resource library is available through a secure web portal, giving you exclusive access to basic training courses, user guides, and other valuable documents, as well as webinars and how-to videos designed to help you maximize your IBIS investment.
GETTING STARTED
The Forensic Technology training team can deliver courses without disrupting your organization’s workflow.
Contact your dedicated representative to book training sessions to help ensure that you get the most out of IBIS. www.ultra-forensictechnology.com
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Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 24
Menifee Mayor and City Council
February 1, 2023
Page
210 of 454
Extended Warranty
and Protection Plan
for your
Ultra Forensic Technology
pr
oducts*
Maximize system uptime and efficiency with SafeGuard™:
Ar ound-the-clock customer support.
Rigor ous system maintenance and software updates for continuous, optimal performance.
Continuous user education to maintain the highest skill levels. Minimize your equipment downtime.
New! Remote coaching and workstation r efresh.
More services & support than ever.
NEW & IMPROVED!
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 25
Menifee Mayor and City Council
February 1, 2023
Page
211 of 454
GET EVEN
MORE VALUE
WITH THESE
NEW ELEMENTS
NEW!
Let us keep your system
running optimally so you
can focus on your job
UNLIMITED
REMOTE COACHING
Have your specific questions answered
quickly by senior certified instructors
during short ad-hoc sessions.
WORKSTATION
REFRESH
Ensure compatibility and optimal
performance of your system by
upgrading and refreshing your PC once
every seven (7) consecutive years at no
additional cost
*. Applies to BRASSTRAX,
BULLETTRAX, MATCHPOINT and
Quantum workstations.
Follow-the-sun Support
Reach our Support Center
when you need it
24/7 hotline with callback within
one hour
Multilingual support
Toll-free and/or VoIP phone lines
Email and website services
Expert Technical Support
Resolve system incidents
promptly
Certified specialists provide remote
diagnosis and resolution
Parts and travel costs for certified
field technician are covered to
perform on-site service
Five support offices and many
partners worldwide provide
assistance
Specialists answer any
feature-related question
(e.g., system application
report building)
Proactive System Care
Maximize system uptime
Get monitoring of critical system
components with remote verification
Receive on-site preventive
maintenance every 24 months
Confirm equipment health with
automated remote health checks
Receive priority maintenance
and software upgrades with
pre-authorized time slots
Software Upgrades
Keep your system current
Implement new features and
functionalities developed by
our team of scientists
Get hotfixes to correct software
bugs promptly
Receive minor hardware upgrades
as needed
Maintain backward compatibility
of your IBIS data with every new
version of IBIS
Minimize downtime during
software upgrades with state-
of-the-art automated deployment
Maintain interoperability
with agencies across national
and international networks
Customer Care
Receive service that exceeds
industry standards
Benefit from proactive follow-ups
offering guidance and support
Optimize your system usage with
the help of a knowledgeable
customer car
e team that
understands your work
environment, processes,
and constraints
Discuss upcoming product
features, and other topics of
interest to you
Receive an annual status report
with statistics, acquisitions,
incidents, and much mor
e
Continuous Education
Have VIP access to our vault
of information
Receive remote coaching
to master acquisition and analysis
techniques and stay up-to-date
on new features
Access our E-learning portal
for the latest documentation,
online courses, and videos that
demonstrate tips and techniques
Attend our sponsored seminars,
webinars and conferences
**
24 Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 26
Menifee Mayor and City Council
February 1, 2023
Page
212 of 454
Innovating today for a safer tomorrow
MKT81-00008 v2
©2021 Ultra Electronics Forensic Technology Inc. All rights reserved. Reproduction in any manner whatsoever without the written permission of Ultra Electronics Forensic Technology is strictly forbidden. Details and specifications subject to change without notice.
How does SafeGuard
™
fit your needs?
Maximizes equipment and program uptime and efficiency
Controls costs by preventing unexpected expenses from equipment failure Ensures constant improvement of your systems (acquisition, correlation, visualization, and analysis) with the latest features from software upgrades Allows you to focus on solving crime and protecting your community Americas, Oceania and Eastern Asia
1-866-984-4247 | +1 727 826 7236
Europe, Africa and Western Asia
+353 1 690 9199
[email protected]
* Certain conditions apply . IBIS Network users may be subject to certain Agency restrictions or conditions
**Where permitted.
***Additional fees may be applicable on optional services.
Optional Services
Additional Training Courses
Provide basic training to new users or
advanced training to experienced users.
Custom Reports
Have our system experts create custom reports
such as operational and administrative reports
for you.
System Relocation
Have all of your Ultra Forensic Technology
equipment or just a few components relocated
by our experts without any worries.
Advanced Security
Benefit from centralized user account
management with security policies, updates
of the OS security patches, centralized antivirus
management and vulnerability management
for your systems and network.
Add supplementary services to your SafeGuard™ package
for maximum protection.***
Ultra Forensic Technology’s Global
Customer Services Contact Information
www.ultra-forensictechnology.com
Follow us
Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
213 of 454
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/2023 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the Fiscal Year (FY) 2022/2023 with Resolution 22-1157 on June 1st, 2022; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2022/2023 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
IT Fund 110 Adopted FY 2022/2023 Revenue Budget: $4,797,465
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:
Amended IT Fund 110 FY 2022/2023 Revenue Budget: $4,797,465 IT Fund Adopted FY 2022/2023 Expenditure Budget: $5,932,274
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
August 17, 2022 Peregrine Software 110-4911-51353 $100,000 December 7, 2022 FY21/22 Budget Carry-Overs* Various $354,629.92 Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 28
Menifee Mayor and City Council
February 1, 2023
Page
214 of 454
Amending the Fiscal Year 2022/2023 IT Fund 110 Budget
BRASSTRAX and MATCHPOINT IBIS System
2 4
6 1
6 3
January 18, 2023 NIBIN/IBIS System 110-4911-53155 $211,275 January 18, 2023 NIBIN/IBIS System 110-4911-51353 $22,581 TOTAL: $688,485.92
*Includes $79,629.92 of existing FY2021/22 Purchase Orders (POs) carried forward into FY2022/23 under City Manager authority.
Amended IT Fund 110 FY 2022/2023 Expenditure Budget: $6,620,759.92
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the IT Fund for the City of Menifee for FY 2022/2023 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Amended IT Fund 110 FY 2022/2023 Budget: $4,797,465
Expenditures:
NIBIN/IBIS System $233,856
Amended IT Fund 110 FY 2022/2023 Budget: $6,620,759.92
PASSED, APPROVED AND ADOPTED this 1st day of February, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.8
Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System Item Page Number: 29
Menifee Mayor and City Council
February 1, 2023
Page
215 of 454
CITY OF MENIFEE
SUBJECT: Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 22-23, extending the terms of service through December 31, 2023.
DISCUSSION
The Romoland Grid Resurfacing Project, CIP No. 22-23, is located in the Romoland neighborhood, south of Highway 74 and east of Sherman Road. The project consists of resurfacing the existing roadway by grind and overlay, restriping where appropriate, and upgrading existing non-compliant ADA pedestrian ramps.
On March 2, 2022, the City Council authorized the City Manager to approve a Professional Services Agreement (PSA) for Materials Testing Services with Geocon West, Inc. in the amount of $45,020. The Plans and Specifications for the construction of the project are being finalized and are expected to be ready for formal bidding in February 2023. The original scope of work under this PSA includes construction inspection support for materials testing. Once the construction award and Notice to Proceed have been issued to the selected contractor, construction inspection services can be performed. Construction activities would commence beginning in May 2023, with anticipated project completion in August 2023. This project is ongoing and services under this PSA are needed through December 31, 2023 to fully closeout activity and process all billings.
Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
216 of 454
City of Menifee Staff Report
CIP 22-23 Geocon Amendment
February 1, 2023
1 3
7 1
City Council approval of the proposed amendment is required as it would extend the terms of this Agreement more than 60-days, through December 31, 2023. The remainder of the Agreement would remain unchanged.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action since this is an extension of the terms of service through December 31, 2023.
ATTACHMENTS
1. PSA – CIP 22-23
2. Amendment
Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
217 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) (MATERIAL TESTING)
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 GEOCON WEST, INC, a 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 i nconsistency 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 March 2, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise termi nated 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: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F March2nd
Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
218 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 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 FORTY FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS ($45,020.00) 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 f rom 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 performi ng the Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
219 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 -3-
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 the 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 Se rvices performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination . In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
220 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 -4-
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.
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 res pects, 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, consul tant 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 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 se parately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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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: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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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 aut horized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) (MATERIAL TESTING). 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; produ cts 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.
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e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The 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 foregoi ng 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 f ollowing remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials , volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 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 ne gligence. 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 DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State 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 corre ct 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 a nd 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.
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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 an y 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, ex tend 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 s hall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substant ial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability betwe en 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: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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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 me dium 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 t he 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.
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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 Lisa A. Battiato, CEG, Sr. Geologist/Regional Manager (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attenti on, 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: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
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Seal and Signature of Registered Professional with
report/design responsibility.
10.8 City Contract Administration . This Agreement shall be administered by a City employee, Haile Ford, Sr. 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:
GEOCON WEST, INC
Attn: Lisa A. Battiato, CEG, Sr. Geologist/Regional Manager 6960 Flanders Drive
San Diego, CA 92121
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Haile Ford, Sr. 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 the exercise by it, at the same or differ ent 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 DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
Page
230 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 -14-
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.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
Page
231 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 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:
William Lydon, CFO
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
Joseph Vettel, CEO
[Corporation must have two signatures]
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
Page
232 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Material Testing for CIP 22-23: Romoland Grid Resurfacing – South Project in the amount not to exceed FORTY FIVE THOUSAND TWENTY DOLLARS AND ZERO CENTS ($45,020.00) as further detailed in the following page(s).
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
233 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 19
Menifee Mayor and City Council
February 1, 2023
Page
234 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -2-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
Page
235 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -3-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 21
Menifee Mayor and City Council
February 1, 2023
Page
236 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -4-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 22
Menifee Mayor and City Council
February 1, 2023
Page
237 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -5-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 23
Menifee Mayor and City Council
February 1, 2023
Page
238 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -6-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 24
Menifee Mayor and City Council
February 1, 2023
Page
239 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -7-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 25
Menifee Mayor and City Council
February 1, 2023
Page
240 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -8-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 26
Menifee Mayor and City Council
February 1, 2023
Page
241 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -9-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
242 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -10-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 28
Menifee Mayor and City Council
February 1, 2023
Page
243 of 454
DocuSign Envelope ID: 04042985-C3CC-40C2-BAC8-DC1174382BCB 2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -11-
DocuSign Envelope ID: 96D9FF65-BAAE-4CAF-86CD-47E26F056A0F Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 29
Menifee Mayor and City Council
February 1, 2023
Page
244 of 454
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-23: ROMOLAND GRID RESURFACING - SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) (MATERIAL TESTING)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on MARCH 2, 2022, between the City of Menifee (“City”) and GEOCON WEST, INC. (“Consultant”) for CIP 22-23: ROMOLAND GRID RESURFACING -
SOUTH DESIGN SERVICES (PROFESSIONAL PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E"))(MATERIAL TESTING) which this Amendment No. 1 is made and entered into on _______________, 2023 to extend the term, modify the scope of services and increase the total compensation amount 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 2, 2022 and shall end on December 31, 2023 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
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. [SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 30
Menifee Mayor and City Council
February 1, 2023
Page
245 of 454
Professional Services Amendment No. 1 with Geocon West, Inc.
CITY OF MENIFEE GEOCON WEST, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager William Lydon, CFO
Attest: ________________________________
Joseph Vettel, CEO
_______________________________
Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Agreement
Amendment
Extending
Terms
with
Geocon
West,
Inc.
for
Materials
Testing
Services
for
the
Romoland
Grid
Resurfacing Project
Item Page Number: 31
Menifee Mayor and City Council
February 1, 2023
Page
246 of 454
CITY OF MENIFEE
SUBJECT: Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and On-Call Building and Safety Plan Review Services
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Laura Sportelli
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include On-call Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total not-to-exceed amount of $103,000.
DISCUSSION
The City’s Building and Safety Department is responsible for permit technician services and building plan reviews for projects submitted to the City to ensure conformance with applicable local, state, and federal building codes and regulations. With a continuous high volume of permit submissions and plan checks, the Building and Safety Department supplements its current in- house efforts with the use of consultants to provide required services, when deemed necessary.
By doing so, the City is able to ensure responsive customer care during the permit process and quality plan review services within a short timeline.
The City engaged 4LEAF, Inc. beginning Fiscal Year (FY) 2022/2023 following completion of a competitive Request for Qualification (RFQ) process where 4LEAF, Inc. was evaluated and recommended to be included in the City’s current short list for professional building/fire related services. The current PSA for Permit Technician Services, in the amount of $24,900 and executed by the City Manager on September 14, 2022, is insufficient for Building and Safety due to staffing shortages, vacancies, and staff on leave. Additional Permit Technician Services are also required by Fire for an interim vacancy during the recruitment process.
The current PSA for building plan check/review are insufficient due to an increase in solar submittals and insufficient resources. Consequently, staff is recommending the execution of a Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
247 of 454
City of Menifee Staff Report
4LEAF, Inc. Amendment No.1
February 1, 2023
1 3
8 4
revised Agreement with 4LEAF, Inc. for additional as-needed plan review services for the FY 2022/2023. The proposed term of service would cover the remaining five-month period from February 1, 2023, to June 30, 2023. 4LEAF, Inc. has provided the City with similar services in the past and they provide similar services to municipalities throughout the State.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 1 to the existing PSA with 4LEAF, Inc. is $78,100. The total impact of the PSA is $103,000. The costs associated with this amendment would be funded through available funds within the Building and Safety Department’s FY 2022/2023 Budget, under Account No. 100-4331-52800 (Professional Services, $55,100) and the Fire Department’s FY 2022/2023 Budget, under Account No. 100-4446-52800 (Professional Services, $23,000). No additional budget requests or appropriations are required for this contract amendment.
ATTACHMENTS
1. Amendment No. 1
2. 4LEAF, Inc. Professional Services Agreement – FY 2022/2023 As Needed Professional Permit Technician Services
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
248 of 454
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES AND ON-CALL
PLAN REVIEW SERVICES
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES AND ON-CALL
PLAN REVIEW SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on September 14, 2022 between the City of Menifee (“City”) and 4LEAF, INC (“Consultant”) for FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES AND ON-CALL PLAN REVIEW SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the scope of work and compensation amount 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 2 , “Compensation” is amended to increase the maximum compensation by
SEVENTY-EIGHT THOUSAND, ONE -HUNDRED DOLLARS AND ZERO CENTS ($78,100.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ($103,000.00) ONE-HUNDRED THREE THOUSAND DOLLARS AND ZERO CENTS , notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimburs able 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.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
Consultant shall provide As Needed Professional Permit Technician Services and On-Call Plan Review Services in the amount not to exceed ($103,000.00) ONE-HUNDRED THREE THOUSAND DOLLARS AND ZERO CENTS as further detailed in the following page(s).
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
249 of 454
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES AND ON-CALL
PLAN REVIEW SERVICES
4. All other terms and conditions of the Agreement remain in full force and effect.
5. 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. (Signatures on Following Page)
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
250 of 454
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES AND ON-CALL
PLAN REVIEW SERVICES
CITY OF MENIFEE 4LEAF, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Kevin Duggan, President/Secretary
Attest: ________________________________
Gene Barry, Vice-President
_______________________________
Kay Vinson, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
251 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide As Needed Professional Permit Technician Services and On-Call Plan Review Services in the amount not to exceed ($103,000.00) ONE-HUNDRED THREE THOUSAND DOLLARS AND ZERO CENTS as further detailed in the following page(s).
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
Page
252 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
SUPPLEMENT TO SCOPE OF SERVICES
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
253 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
254 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
Page
255 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
256 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
Page
257 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
258 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
Page
259 of 454
2671/031858-0001
7630421.2 a12/07/22 EXHIBIT A.
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
Page
260 of 454
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of ___________, 2022 (“Effectiv e Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) an d 4LEAF, INC , a California 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 th is reference (the “Services”). Consultan t will perform subsequent task orders as requested by the Contract Adminis trator (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 ter m of this Agreement shall begin on August 24, 2022 and shall end on June 30, 2023 unless the term of th is Agr eement is o therwise terminated or extended as p rovided for in Section 8. The time provided to Co nsultant to comp lete the Services required by this Agreement shall not affect C ity’s right to terminate this Agreemen t, 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 stat us and experience, Consultant shall perform th e Services required pursuant to this Agreement in the manner an d accordin g to the standards observed by a competent p ractitioner of the profession in which Consultant is engaged in th e geographical area in which Consu ltant practices its professio n and to the sole satisfaction of th e Contract Administrator.
1.3 Assignment of Per sonnel. 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 Agr eement as may be reason ably necessary to satisfy Consultant’s obligations hereunder.
1.5 Au thorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever unde r th e terms of this Agreement until receipt of authorization from the Contract Administrator.
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DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 September14
Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS ($24,900.00) notwithstanding any contrary indications that may be contained in Consultant’s pr oposal, for the Services to be performed and reimbursable costs incurred under th is Agreement. In the event of a conflict between this Agreement and Exhibit A, regard ing 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 invo ices 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 brie f description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and fo r authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit a ny invoice for an amount in excess of the maximum amount of compensation pr ovided 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 pe rformed 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 comp ensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily complete d and for reimbursable expenses as of the date of written notice of termin ation. 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 a nd expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 17
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February 1, 2023
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limited to computer, long-distance telephone or other communication char ges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amount s 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 wh ich is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies re quired 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, consulta nt or other agent to commence work on any subcontract until Consultant has obtained all in surance required herein for th e 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’ Compensati on Insurance and Employer’s Liability Insurance shall be provided with li mits 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 aris ing from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 18
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February 1, 2023
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commerc ial 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 th e 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 license d professionals’ errors and omissions.
Any deductible or self-insured rete ntion shall be shown on the Certif icate. If the deductible or self-insured retention exceeds TWENTY-F IVE 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 afte r 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) re placement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 19
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February 1, 2023
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d. A copy of the claim reporting requi rements 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 insuran ce 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 certif ied copies of all e ndorsements. All copi es of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Ce rtificate of Insurance must include the following reference:
FY2022/23 AS NEEDED PROFESSIONAL PERMIT TECHNICIAN 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 Covera ge. 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 co mpleted operations of Consultant, as applicable; pre mises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the cour se 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 basi s 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 Retenti ons. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
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insured retentions with respect to City, its officers, employees, agen ts, and volunteers. The Contract Administrator may cond ition 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 expe nses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall in clude all subcontractors as insureds under its policies or shall furn ish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors sha ll 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 insuranc e requirements, upon a de termination 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 a ny 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 he reunder, 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 re tained 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: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 21
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February 1, 2023
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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnif ication. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or ac tive 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 de bt, 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 th e 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 prov iding services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services re quired under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
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4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 22
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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 U tilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate record s 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, a nd 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 relate d 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 simila r law. It is agreed by the Pa rties that, in connection with performance of the Services, in cluding, 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 re viewing the applicable la ws 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, perm its, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the ev ent of termination, C onsultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 23
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February 1, 2023
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8.4 Extension. City may, in its sole and ex clusive discretion, extend the end date of this Agreement beyond that provided for in Subs ection 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 sh all 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 sh all 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 persona l 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 ke y personnel leave Consulta nt’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consu ltant 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, draw ings, 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 C onsultant had completed the Services.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
with
4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 24
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February 1, 2023
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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 und erstood 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 in tellectual 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 C onsultant 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 th at 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 de sign 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. Consu ltant 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 expe nditures and disbursement s 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 re cords or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made availabl e 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 DOLLA RS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Aud itor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
Agreement
Amendment
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4LEAF,
Inc.,
for
Professional
Permit
Technician
Services
and
On-Call
Building
and
Safety
Plan Review Services
Item Page Number: 25
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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 C ity 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 Pa rties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. Th e 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 Marcus Johnson (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to repr esent and act on behalf of Consu ltant for all purposes under this Agreement. The Consultant’s Representative sha ll supervise and direct the Services, using his best skill and attention, and sha ll be responsible for all means, methods, techniques, sequences, and procedures and for the satis factory coordination of all porti ons of the Services under this Agreement.
10.8 City Contract Administration. This Ag reement shall be administered by a City employee, Craig Carlson, Building Official (“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 be half of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
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Building
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4LEAF, INC
Attn: Marcus Johnson- Project Manager
2126 Rheem Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Craig Carlson, Building Official
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 sha ll be stamped/sealed and signe d by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Profe ssional with report/design res ponsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with resp ect 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 exec uted in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segr egation of, any person or group of persons on account of any impermissible cla ssification 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 th e exception of the specific provisions set forth in this Agreement, there are no intended th ird-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 pers onally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financ ial 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: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
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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
Kevin Duggan, President/Secretary
Gene Barry, Vice-President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: A933E5F8-9471-4757-8EDA-04037D45C069 Item Title: 10.10
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Inc.,
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Technician
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On-Call
Building
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Safety
Plan Review Services
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7630421.2 a00/00/00 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include As needed professional permit technician services in the amount not to exceed TWENTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS ($24,900.00) as further detailed in the following page(s).
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Building
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Plan Review Services
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Inc.,
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Inc.,
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Building
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Plan Review Services
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Inc.,
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Permit
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On-Call
Building
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Plan Review Services
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7630421.2 a00/00/00 EXHIBIT A.
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Amendment
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Inc.,
for
Professional
Permit
Technician
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Building
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Plan Review Services
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CITY OF MENIFEE
SUBJECT: Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and Post-Release Accountability and Compliance Team (PACT) for Public Safety Realignment.
DISCUSSION
The implementation of the Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by County Probation Departments including the Riverside County Probation Department. On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County voted unanimously to support a county-wide law enforcement component.
Police Chiefs within Riverside County, the Riverside County Sheriff’s Department, the Riverside County District Attorney and the Riverside County Probation Department have built the infrastructure to support the increased need for oversight and accountability. PACT is a countywide multi-jurisdictional team composed of the Riverside County Probation Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney’s Office, and the Riverside County Sheriff’s Department which represents all of the contract cities within the County.
For Fiscal Year (FY) 2020/2021 the CCPEC approved funding for the Menifee Police Department to be on the PACT team. The City Council signed a MOU in December of 2020 and one officer was assigned to the team. The primary mission of the PACT is to work with probation to focus on high-risk and at large realignment offenders that pose the most risk to the public. PACT Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 1
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City of Menifee Staff Report
PACT MOU FY 22-23
February 1, 2023
1 3
6 4
is dedicated to identifying and investigating non-compliant realignment offenders, locating and apprehending at-large and high-risk realignment offenders, and performing compliance sweeps.
The support of PACT allows the Riverside County Probation Department more time and resources to focus on case management and compliance checks.
The City of Menifee currently has 34 individuals on Post-Release Community Supervision (PRCS), 26 individuals on mandatory supervision and 166 individuals on formal probation. It is imperative to public safety that these individuals are adequately supervised and stay within the terms of their release from incarceration. Many of the individuals assigned to PRCS are high risk offenders and have a high likelihood of reoffending. By maintaining a member on the PACT team, the Menifee Police Department has access to additional resources to help accomplish its primary mission of public safety and reduced criminal activity.
In addition to those individuals on PRCS within the City, there are hundreds of individuals on PRCS throughout the County of Riverside. It is a well-known fact that criminal behavior does not know jurisdictional boundaries. Although there will be a focus of those on PRCS in Menifee, the PACT team’s county-wide enforcement directly and indirectly benefits all members’ jurisdictions.
The PACT has been funded since its inception in 2011. The approved total funding can fluctuate from year to year, but if funding was ever reduced, adjustments have been made to ensure there is no negative impact to participating agencies general fund. If the funding were to be eliminated, the PACT officer would be absorbed into approved staffing numbers through attrition.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The funding for this position is already included in the FY 2022/2023 Budget and there is no additional appropriation needed. Additionally, the City could be reimbursed up to $216,500 from the County of Riverside as approved by the CCPEC. This funding may include the full-time Police Officer’s base salary, incentive pays, specialty assignment pays, personal leave, and overtime pay.
The step six fully burdened rate for a full time Police Officer assigned to PACT and classified as a detective is approximately $180,204.
ATTACHMENTS
1. FY 2022/2023 PACT MOU
2. FY 2022/2023 PACT MOU Signature Page
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 2
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February 1, 2023
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THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND PARTICIPATING
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM (PACT)
LOCAL LAW ENFORCEMENT AGENCIES FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
FY 2022-2023
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 3
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February 1, 2023
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THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 2
TABLE OF CONTENTS
1.0 Background .................................................................................................................... 3
2.0 Parties and Purpose ....................................................................................................... 3
3.0 Definition ....................................................................................................................... 4
4.0 Term ............................................................................................................................... 5
5.0 Amendment or Termination of MOU .......................................................................... 5
6.0 Audits ............................................................................................................................. 5
7.0 Records Retention ........................................................................................................ 6
8.0 Financial Reports ........................................................................................................... 6
9.0 Confidentiality ............................................................................................................... 6
10.0 Hold Harmless and Indemnification.............................................................................. 6
11.0 Assignment ..................................................................................................................... 7
12.0 License and Certifications .............................................................................................. 7
13.0 Compliance, Governing Law and Severability .............................................................. 7
14.0 Compensation ................................................................................................................ 8
14.1 Maximum Amount .............................................................................................. 8
14.2 Method, Time and Schedule/Condition of Payments ......................................... 8
14.3 Use of Funds ......................................................................................................... 9
14.4 Disallowance ........................................................................................................ 9
14.5 Availability of Funding.......................................................................................... 9
15.0 Notices ............................................................................................................................ 9
16.0 Merger Clause .............................................................................................................. 10
17.0 Electronic Signatures ............................................................................................ 10 SIGNATURE PAGES ................................................................................................................. 11 Exhibit A: Quarterly Financial Summary Report Template .................................................. 24 Exhibit B: PACT Invoice Template .......................................................................................... 25 Exhibit C: Distribution of Annual PACT Allocation by City .................................................... 26 Exhibit C-1: Additional Distribution of Annual PACT Allocation by City .............................. 27 Exhibit D: PACT Frequently Asked Questions ....................................................................... 28 Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .......... 32 Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 4
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THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 3
1.0 BACKGROUND
The Public Safety Realignment Act of 2011 (Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department (hereinafter Probation) . On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County (County) voted unanimously for the need of a county -wide law enforcement component.
The eleven (11) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to support this type of critical enforcement. The Post-release Accountability and Compliance Team (hereinafter PACT) is a county -wide, multi-jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff’s Department representing the seventeen Sheriff’s contract cities within the County.
The primary mission of PACT is to work with Probation to focus on “high-risk” and “at-large” realignment offenders that pose the most risk to public safety. PACT is dedicated to:
• Identifying and investigating “non-compliant” realignment offenders, • Locating and apprehending “at-large” and “high-risk” realignment offenders, and • Performing probation compliance sweeps.
Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators , and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management , addressing treatment needs, and ensuring compliance with Court-ordered conditions.
2.0 PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 5
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THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 4
Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department , Riverside County Sheriff’s Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT.
The police chief of the Murrieta Police Department is the voting member of the CCPEC and represents the PACT local law enforcement agencies participating in this MOU , including for receipt of notices under section 15.
The parties agree to the terms and conditions of this MOU , which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU.
3.0 PROBATION OFFICER ROLE:
Probation Officers are peace officers under Penal Code section 830.5 whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment, only as follows:
1) To conditions of parole, probation, mandatory supervision, o r post -release community supervision by any person in this state on parole, probation, mandatory supervision, or post-release community supervision.
2) To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post-release community supervision.
4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. 5) To the rendering of mutual aid to any other law enforcement agency.
There must be a nexus between the conditions outlined above for the Probation Officer to be involved in the actions of PACT. There is no provision for the Probation Officer to exercise peace officer authority pursuant to Penal Code section 830.1.
In terms of mutual aid, unless there is an immediate threat to life (Person or Persons whose life is in real and immediate danger from the criminal acts of others), the Probation Officer’s assistance will be limited based on the conditions outlined and within current law.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 6
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THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 5
4.0 TERM
This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective designees. The term of this MOU shall be for the Riverside County fiscal year commencing on July 1, 2022 and ending on June 30, 2023. Thereafter, the parties will enter into a new MOU (the “New MOU”) upon annual approval of the County’s Realignment budget by the CCPEC; this MOU shall remain in effect until the New MOU is effective.
5.0 AMENDMENT OR TERMINATION OF MOU
This MOU may be amended at any time with the written concurrence of all parties. This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment to this MOU formally approved and exe cuted by both Probation and each participating PACT agency. Consideration for amendment will be given upon written notification by one party to the other s. The parties will review this MOU at least annually and modify as needed.
Any participating PACT agency can withdraw participation in this MOU with or without cause upon thirty (30) days written notification to the other parties . Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies.
This MOU can be terminated with or without cause by any party upon thirty (30) days written notification to the other parties or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the writte n notice of termination or upon effective date of funding expiration.
6.0 AUDITS
The parties agree that any duly authorized representative of the Federal, State , or local government shall have the right to audit, inspect, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized representative of the Federal, State, or local government shall be the responsibility of the participating PACT Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
289 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 6
agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT agencies under this MOU or any PACT agreement with Probation.
7.0 RECORDS RETENTION
Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit.
8.0 FINANCIAL REPORTS
Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods:
Quarter Reporting Period
1 July 1 – September 30
2 July 1 – December 31
3 July 1 – March 31
4 July 1 – June 30
The CCPEC- approved template for financial report submission is attached hereto and incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probati on. Due dates for quarterly financial reports are established annually by the CCPEC.
9.0 CONFIDENTIALITY
All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations.
10.0 HOLD HARMLESS AND INDEMNIFICATION
Each participating a gency agrees to indemnify and hold the other participating a gencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or res ulting from negligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, any participating agency, or its agents , are held liable for deaths or injuries to persons or property, each party’s liability for contribution or indemnity for such injuries shall be based proportionately upon Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
290 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 7
the contributions of each participating agency. In the event of liability imposed upon any of the participating agencies for death, injury , and/or damage which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU.
11.0 ASSIGNMENT
This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect.
12.0 LICENSE AND CERTIFICATIONS
When applicable, all parties verify upon execution of this MOU, that all work performed pursuant to this MOU will performed by properly trained and licensed/certified staff who possess current and valid license/certification s in complian ce with any local, State, and Federal laws.
13.0 COMPLIANCE, GOVERNING LAW, AND SEVERABILITY
The parties shall comply with all applicable Federal, State, and local laws and regulations .
In the event there is a conflict between the various applicable laws and regulations, the parties shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be filed only in the Superior Court for the State of California in Riverside, California. All parties shall be obligated to atte nd a mediation session before a neutral third-party mediator prior to the filing of any legal action.
If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
Page
291 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 8
14.0 COMPENSATION
14.1 Maximum Amount:
Maximum allowable costs for FY2022-2023 under t his MOU shall not exceed $4,596,000.00 or as approved by CCPEC for each annual fiscal year’s budget . Annual allocations assigned to e ach PACT agency are detailed in Exhibit C & C-1, attached hereto and incorporated herein.
14.2 Method, Time and Schedule/Condition of Payments:
Within thirty (30) days of the end of each month in which services were rendered , each participating PACT agency will prepare and submit to Probation’s Accounts Payable, via email [email protected], a reimbursement claim/journal entry for services and expenditures performed and incurred during the month. Using the invoice template, attached hereto and incorporated herein as Exhibit B, c laim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable.
Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor-Controller’s office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the Riverside County Board of Supervisors. Upon approval by both governing bodies, held invoices will be released to the Auditor- Controller’s office for processing.
Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day.
If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse participating PACT agencies for services provided in accordance with the terms and conditions contained herein.
Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, attached hereto and incorporated herein as Exhibit D.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
292 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 9
14.3 Use of Funds:
PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. The parties shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. The parties agree not to use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, attached hereto and incorporated herein as Exhibi t E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit.
14.4 Disallowance:
In the event a party receives payment for services pursuant to this MOU which is later disallowed for nonc onformance with the terms and conditions herein by Probation, the party shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to the party under any PACT agreement with Probation.
14.5 Availability of Funding:
Probation’s obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made.
15.0 NOTICES
All notices, claims, correspondence, reports, and/or statements authorized or required by this MOU shall be addressed for each location as follows:
Riverside County Probation Department
Probation Administration
Administrative Services Manager III – Fiscal Services Division P.O. Box 833
Riverside, CA 92502
(951) 955-2983
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
Page
293 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 10
Post-release Accountability and Compliance Team
Tony Conrad, Chief of Police
Murrieta Police Department
2 Town Square
Murrieta, CA 92562
(951) 461-6358
[email protected]
All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable.
16.0. MERGER CLAUSE
This MOU, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing , including the FY22-23 MOU.
17.0. ELECTRONIC SIGNATURES
Each party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this MOU. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person wit h the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
294 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 11
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Ron Miller II, Chief Probation Officer Date
Riverside County Probation Department
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY:___________________________
Lisa Sanchez
Deputy County Counsel
DATE:_________________________
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
Page
295 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 12
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Sean Thuilliez, Chief of Police Date
Beaumont Police Department
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
Page
296 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 13
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Charles P. McClendon, City Manager Date
Cathedral City
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
Page
297 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 14
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has be en executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Robert Newman, Chief of Police Date
Corona Police Department
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
Page
298 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 15
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Luke Rainy, City Manager Date
City of Desert Hot Springs
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
Page
299 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 16
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Eddie Pust, Acting City Manager Date
Hemet Police Department
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
300 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 17
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Bryan Montgomery, City Manager Date
City of Indio
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 19
Menifee Mayor and City Council
February 1, 2023
Page
301 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 18
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Kim Summers, City Manager Date
City of Murrieta
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
Page
302 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 19
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Mallory Crecelius, City Manager Date
City of Blythe
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 21
Menifee Mayor and City Council
February 1, 2023
Page
303 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 20
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Lea Deesing, Assistant City Manager Date
City of Riverside
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 22
Menifee Mayor and City Council
February 1, 2023
Page
304 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 21
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Chad Bianco Date
Riverside County Sheriff-Coroner
(Coachella, Lake Elsinore and San Jacinto Stations)
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY:___________________________
Amrit P. Dhillon
Deputy County Counsel
DATE:_________________________
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 23
Menifee Mayor and City Council
February 1, 2023
Page
305 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 22
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Doug Schulze, City Manager Date
City of Banning
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 24
Menifee Mayor and City Council
February 1, 2023
Page
306 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 23
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Armando G. Villa, City Manager Date
City of Menifee
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 25
Menifee Mayor and City Council
February 1, 2023
Page
307 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 24
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 26
Menifee Mayor and City Council
February 1, 2023
Page
308 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 25
EXHIBIT B
PACT INVOICE TEMPLATE
INVOICE:
DATE:
DUE DATE:
Bill to:
RIVERSIDE COUNTY PROBATION DEPARTMENT
FISCAL UNIT ADMIN SVC MGR
PO BOX 833
RIVERSIDE, CA 92502
PACT (Month) Invoice
Total Price
PACT Reimbursement for (Month) Services
1)
2)
Total Due -$
Please remit payment to:
(Provide city information)
(City Logo/ Letterhead)
Supplies (receipts attached)
Description: Invoice Type:
Title DateSignature
I, the undersigned, hereby certify the above claim submitted for reimburesement are true and correct Realignment expenditures in accordance with the Memorandum of Understanding (MOU) between the Riverside County Probation Department and the Post-release Accountability and Compliance Team (PACT).
Description
Salaries and Benefits (Period: MM/DD/YR-MM/DD/YR)
Documentation with invoice includes copies of timesheets for billing period and verification of salary and benefits rates charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation will be on file with the City of (City Name), Human Resources Department and available to an authorized auditing official for review. ________________________
(City Name)
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
309 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 26
EXHIBIT C
DISTRIBUTION OF ANNUAL PACT ALLOCATION BY CITY FY22-23
EAST
City of Cathedral City (Sergeant) $270,000.00*
City of Cathedral City $216,500.00
City of Coachella $216,500.00
City of Desert Hot Springs $216,500.00
City of Indio $216,500.00
City of Blythe $216,500.00
WEST
City of Corona $216,500.00
City of Corona (Corporal) $238,000.00
City of Riverside (Sergeant) $270,000.00*
CENTRAL
City of Banning $216,500.00
City of Beaumont $216,500.00
City of Hemet (Sergeant) $270,000.00*
City of Lake Elsinore $216,500.00
City of Menifee $216,500.00
City of Murrieta $216,500.00
City of San Jacinto $216,500.00
Total Annual Pact Allocation FY22/23 $3,646,000.00
*PACT agencies with sergeants assigned to the teams receive $270,000 each. PACT agencies without sergeants assigned to the teams receive $216,500, and corporal receives $238,000 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised October 2020.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 28
Menifee Mayor and City Council
February 1, 2023
Page
310 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 27
EXHIBIT C-1
ADDITIONAL DISTRIBUTION OF ALLOCATION FOR
ONE-TIME AND ONGOING COSTS BY CITY FY22/23
EAST Vehicles* Host Agency O&M**
City of Cathedral City (Sergeant) $50,000 $50,000
City of Cathedral City $50,000
City of Coachella $50,000
City of Desert Hot Springs $50,000
City of Indio $50,000
City of Blythe $50,000
WEST
City of Corona $50,000
City of Corona (Corporal) $50,000
City of Riverside (Sergeant) $50,000 $50,000
CENTRAL
City of Banning $50,000
City of Beaumont $50,000
City of Hemet (Sergeant) $50,000 $50,000
City of Lake Elsinore $50,000
City of Menifee $50,000
City of Murrieta $50,000
City of San Jacinto $50,000
Summary of Costs $800,000 150,000
Total Additional PACT Allocation FY22/23 $950,000
*PACT agencies to receive a one-time vehicle allocation of $50,000 per person (FY22/23 ONLY). **Host PACT agencies to receive $50,000 a year to offset Operations and Maintenance costs.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 29
Menifee Mayor and City Council
February 1, 2023
Page
311 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 28
Exhibit D
Frequently Asked Questions
1. Year End:
a. What is a year-end estimate claim and what needs to be included? i. A year- end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures incurred during the month of June and have a record that the final submittal is pending.
ii. If funds are not encumbered to cover final year -end claims and a claim is submitted, the reimbursement may be charged against the PACT agency’s allocation for the next fiscal year.
iii. To submit a year-end estimate claim form:
1. Use the Invoice Template (Exhibit B) provided,
2. In the location on the form for listing the month/year of the claim, please mark as the June Estimate,
3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June;
4. Attach any advance approvals for services/supply/equipment purchases, and
5. Submit estimate to Probation no later than June 20 of each year. b. What if the c laim for actual year- end expenditures is not submitted before the County’s year-end submission deadline?
i. If the claim for actual year- end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided.
ii. When the claim is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference will be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 30
Menifee Mayor and City Council
February 1, 2023
Page
312 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 29
c. What documentation is needed to include major purchases in the year -end estimate?
i. To include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles.
ii. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy o f the documents used by the City to encumber funds in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency. d. What if the estimate is overstated?
i. If any unused funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment.
2. Staff Substitution for Another PACT Agency
a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages?
i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage.
ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to P robation. The claim should include back -up documentation reflecting invoices and payment to the substituting Police Department for staff services rendered. Any back -up documentation provided by the substituting Police Department (such as timesheets) should be included in the monthly claim.
iii. PACT Agencies cannot bill against another PACT Agency’s allocation.
3. Mileage Claims
a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim.
b. What if a vehicle is 100% PACT?
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 31
Menifee Mayor and City Council
February 1, 2023
Page
313 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 30
i. Fuel reimbursement statements reflecting the vehicle’s mileage use over the course of the fiscal year is sufficient back -up for mileage reimbursement.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 32
Menifee Mayor and City Council
February 1, 2023
Page
314 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 31
4. Staff Time
a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid.
ii. Detailed tracking of when the time is earned and when it is paid will need to be provided as back-up to the claim. The tracking is necessary to ensure no duplication of payment is requested (i.e. reimbursement for compensation time on one pay period and o n the next pay period requesting reimbursement for time -off using those same backed compensation time hours). A tracking sheet can be provided upon request. iii. PACT Agencies that allow their officers to ‘sell back’ their compensation time at the end of the year can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up. b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up?
i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter-approved their timesheets.
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 33
Menifee Mayor and City Council
February 1, 2023
Page
315 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 32
Exhibit E
FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES
FOR REGIONAL P.A.C. TEAMS
Rev. 10/2020
I. PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams.
II. ORGANIZATION: Each regional PAC Team will establish a governing board including on command - level representative from each participating agency.
A. The regional governing board will provide operational and financial support and oversight to the regional team.
B. The regional board may also determine w hen a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS).
III. MEMBERSHIP: PAC Team membership is open to all law enforcement agencies who are members of ARCCOPS. The voting membership of ARCCOPS shall dete rmine which agencies will receive funding.
A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership.
1. ARCCOPS will determine agency participation and reimbursement as requested based on available funding and regional needs.
IV. FUNDING & REIMBURSEMENT: Funding for PACT personal is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB- 109 mitigation grant (Cal Chief’s).
A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team.
B. Reimbursement will be limited to the following:
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 34
Menifee Mayor and City Council
February 1, 2023
Page
316 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 33
1. Actual cost of all salary, benefits, paid leave and overtime paid to agency employees for work while assigned and working for a PAC Team.
2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for travel to, from and during PAC Team activities.
C. Total reimbursement shall not exceed $ 216,500 per fiscal year for each police officer or detective assigned; $238,000 per fiscal year for corporal assigned; and $ 270,000 per fiscal year for each sergeant assigned to supervise a PAC Team.
D. Participating agencies shall submit detailed expenditure claim s on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona).
Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 35
Menifee Mayor and City Council
February 1, 2023
Page
317 of 454
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITSPROBATION DEPARTMENT, AND POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAMFOR PUBLIC SAFETY REALIGNMENTMEMORANDUM OF UNDERSTANDING Page | 23
SIGNATURE PAGE IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as ofthe day and year written herein below. _____________________________________ __________________Armando G. Villa, City Manager Date City of Menifee Item Title: 10.11
Post-Release Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding Item Page Number: 36
Menifee Mayor and City Council
February 1, 2023
Page
318 of 454
CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Menifee Valley Community Cupboard
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
DISCUSSION
In effort to meet the state requirement for expanding jurisdiction capacity to receive and donate unused edible food from businesses, the City and MVCC submitted a joint grant application under the Edible Food Recovery Grant Program (EFRG). The EFRG will allow MVCC to double its capacity to accept and distribute food as well as increase the location of food distribution sites in the community. In October 2022, Cal Recycle awarded a second round of funding to the City in the amount of $241,360, as the primary recipient and administrator of the grant. City Council accepted the Grant at the November 16, 2022, meeting.
The proposed MOU between the City and MVCC will outline each parties’ responsibilities to complete the approved grant activities. Potential grant activities include: expansion of food repackaging and storage space at the primary MVCC facility; purchase of a refrigerated box truck to be used for donation pickup and satellite food distribution; purchase of a cargo van for food collection and delivery; and establishing satellite food distribution sites at Quail Valley Boys and Girls Club and near, or at, Heritage High School in the Romoland area of the City. The MOU also codifies the relationship between recipients needed to carryout responsibilities such as reporting, reimbursement, procurement, and vehicle transfer.
All grant activities must be completed by April 1, 2025, and the MOU will run concurrent of this timeframe with an option to modify as needed. Staff recommends approving an MOU prior to the procurement of vehicles and/or entering into service agreements with contractors.
Item Title: 10.12
Memorandum of Understanding with Menifee Valley Community Cupboard Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
319 of 454
City of Menifee Staff Report
MOU with Menifee Valley Community Cupboard
February 1, 2023