Agenda packet, first session — Menifee City Council, June 7, 2023 (part 2 of 5)

and the City Clerk Departments. The City Clerk Department will continue to coordinate and lead the document centralization and digitization project with all City departments.

The City Clerk Department in collaboration with the Finance Purchasing Division is preparing to issue a competitive RFP to assess the current needs for scanning, indexing, and integration with current and existing system in preparation for FY 2024/2025.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure:

Centralizing and digitizing City records and maintaining an online public access portal creates opportunities to enhance communication, proactively deliver information, and increase public transparency.

FISCAL IMPACT
The costs of Amendment No. 4 to the DMC Agreement are included in the proposed FY 2023/2024 Budget. The total costs are a not-to-exceed amount of $215,000 broken down between the department accounts listed in Table 1 below.

Table 1 – Available Funding
No additional budget appropriation action is required.

ATTACHMENTS

1. Original Agreement – DMC

2. Amendment No. 1 – DMC

3. Amendment No. 2 – DMC

4. Amendment No. 3 – DMC

5. Amendment No. 4 – DMC
Department Account Allocated Amount
City Clerk Department 100-4113-52800 $110,000
Planning Department 100-4330-52800 $35,000
Building & Safety Department 100-4331-52800 $40,000
Engineering Department 100-4551-52800 $20,000
Community Services 100-4660-52800 $10,000
TOTAL $215,000
Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 107 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 108 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 109 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 110 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 111 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 112 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 113 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 114 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 115 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 116 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 117 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 118 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 119 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 120 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 121 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 122 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 123 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 124 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 125 of 1858 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 126 of 1858 AMENDMENT NO. 1 TO

AGREEMENT BETWEEN DOCUMENT & MICROFILM CONVERSION (DMC) AND THE CITY OF MENIFEE FOR CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT

SCANNING, INDEXING, AND QUALITY CONTROL SERVICES
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on by and between the City of Menifee (“City”) and DOCUMENT & MICROFILM CONVERSION (DMC) (“Consultant”) for CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES which Amendment is made and entered into on __________________, 2020 to extend the Term of Services as indicated below:

1. 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 the April 3, 2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

DocuSign Envelope ID: 2268E9A9-E115-4EB7-8FF1-7BF7EAB6BD1B DocuSign Envelope ID: E8BC0F28-CB38-432B-8D6A-90B61853A62D August 27,
Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 127 of 1858 Professional Services Amendment No. 1 with DMC

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION (DMC)
_______________________________ _______________________________ Armando G. Villa, City Manager Mike McCluskey, President Attest: ________________________________
Debi McCluskey, COO
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 2268E9A9-E115-4EB7-8FF1-7BF7EAB6BD1B DocuSign Envelope ID: E8BC0F28-CB38-432B-8D6A-90B61853A62D Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 128 of 1858

AMENDMENT NO. 2 TO

AGREEMENT BETWEEN DOCUMENT & MICROFILM CONVERSION (DMC) AND THE CITY OF MENIFEE FOR CITY OF MENIFE: FY18/19 ON CALL DOCUMENT

SCANNING, INDEXING, AND QUALITY CONTROL SERVICES
This is Amendment No. 2 to that certain AGREEMENT for Professional Services April 3, 2019
DOCUMENT & MICROFILM CONVERSION (DMC) CITY OF MENIFE:

FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES which Amendment No. 2 is made and entered into on ______________, 2021 to extend the term of services as indicated below:

1. 1.1 Term of Services. The term of this Agreement shall begin on the April 3, 2019 and shall end on June 30, 2022 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

2. Section 1.6 Covid-19 Safety included to read as follows:

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.

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

DocuSign Envelope ID: B679266D-D4F8-449E-B59D-2484C8E675AA July 1
Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 129 of 1858 DocuSign DocuSign Envelope Envelope ID: 527BC625 1DEE6BD5-B6D4 -3444--44E5 4B8A--9573 8F7F-E992FC02CD7C -927DB504E44A

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION
(DMC)
Armando G. Villa, City Manager Mike McCluskey, President Attest:

Debi McCluskey, COO
Sarah A. Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney
Professional Services Amendment No. 2 with DOCUMENT & MICROFILM CONVERSION (DMC) Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 130 of 1858 AMENDMENT NO. 3 TO

AGREEMENT BETWEEN DOCUMENT & MICROFILM CONVERSION (DMC) AND THE CITY OF MENIFEE FOR CITY OF MENIFE: FY18/19 ON CALL DOCUMENT

SCANNING, INDEXING, AND QUALITY CONTROL SERVICES
This is Amendment No. 3 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and DOCUMENT & MICROFILM CONVERSION (DMC) (“Consultant”) for CITY OF MENIFE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES which Amendment No. 3 is made and entered into on _______________, 2022 to extend the term of service and increase the compensation amount as indicated below:

1. 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 the April 3, 2019 and shall end on June 30, 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 terminate the Agreement, as provided for in Section 8.

2. Section 2, “Compensation” is amended to increase the maximum compensation by $175,000.00 (ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $275,000.00 (TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

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

DocuSign Envelope ID: 79A66953-8FC3-4B0E-92B3-528F77C6E86A DocuSign Envelope ID: F9E5D468-6A13-4C16-84C1-7342C54B6CC5 July 20
Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 131 of 1858 Professional Services Amendment No. 3 with DOCUMENT & MICROFILM CONVERSION (DMC)

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION (DMC)
_______________________________ _______________________________ Armando G. Villa, City Manager Mike McCluskey, President Attest: ________________________________
Debi McCluskey, COO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 79A66953-8FC3-4B0E-92B3-528F77C6E86A DocuSign Envelope ID: F9E5D468-6A13-4C16-84C1-7342C54B6CC5 Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 132 of 1858 AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY

CONTROL SERVICES
AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY

CONTROL SERVICES
This is Amendment No. 4 (“Amendment No. 4”) to that certain Professional Services Agreement (“Agreement”) made on April 3, 2019 between the City of Menifee (“City”) and DOCUMENT & MICROFILM CONVERSION (DMC) (“Consultant”) for CITY OF MENIFEE:

FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY CONTROL SERVICES as amended by that certain Amendment No.1 to the Agreement entered into on August 27, 2020 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on July 1, 2021 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on July 20, 2022 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2023 to extend the term of service and increase the compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 4 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 April 3, 2019 and shall end on June 30, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to the Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3. SECTION 2, “Compensation” is amended to increase the maximum compensation by TWO HUNDRED FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($215,000.00) and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FOUR HUNDRED NINETY THOUSAND DOLLARS AND ZERO CENTS ($490,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

4. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 133 of 1858 AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY

CONTROL SERVICES

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide City of Menifee: On-Call Document Scanning, Indexing, and Quality Control Services in the amount not to exceed FOUR HUNDRED NINETY THOUSAND DOLLARS AND ZERO CENTS ($490,000.00) as further detailed in the following page(s).

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

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

Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 29
Menifee Mayor and City Council June 7, 2023 Page 134 of 1858 AMENDMENT NO. 4 TO

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: FY18/19 ON CALL DOCUMENT SCANNING, INDEXING, AND QUALITY

CONTROL SERVICES

CITY OF MENIFEE DOCUMENT & MICROFILM CONVERSION (DMC)
_______________________________ _______________________________ Armando G. Villa, City Manager Mike McCluskey, President Attest: ________________________________
Debi McCluskey, COO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Agreement Amendment with Document & Microfilm Conversion for City Wide Document Scanning Services Item Page Number: 30
Menifee Mayor and City Council June 7, 2023 Page 135 of 1858

CITY OF MENIFEE
SUBJECT: Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, Information Technology Manager REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with ETECH-360, Inc. for as-needed professional Information Technology support services in an amount not-to-exceed $150,000, for a revised total of $183,333.

DISCUSSION
The City of Menifee Information Technology (IT) Department is seeking to increase the Agreement with ETech360 from $33,333 to the new amount of $183,333, for a total increase of $150,000, to ensure the continued provision of high-quality and efficient IT support services for the City. This Amendment is essential to address the rapidly evolving needs of our City's IT infrastructure and to maintain our commitment to providing effective services and support to all City staff’s IT needs. The increased funding for as-needed IT support services is intended for the following reasons:

Increased Demand for IT Support Services
The demand for IT support services has risen substantially, exceeding the current capacity of our in-house IT staff. This increase in the scope of work necessitates additional funding to ensure that we can continue to provide prompt and reliable IT service desk support to all City departments.

Unanticipated Emergencies and System Failures
IT emergencies and system failures can occur at any time, and swift action is necessary to minimize the impact on City operations. Having a dedicated onsite IT support team ensures that we can respond to these events quickly and efficiently. The additional funding will enable us to maintain a robust IT support team, capable of addressing emergencies and system failures as they arise.

Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 136 of 1858 City of Menifee Staff Report
ETECH 360 Amendment No. 1
June 7, 2023

Page 2 of 2 ends

Temporary Nature of As-Needed External IT Support
Relying on external IT support allows us to maintain high-quality services without overburdening our existing staff. This temporary measure ensures that the City's IT needs are met during the recruitment and training process, which may take some time given the competitive nature of the IT industry and the need to identify candidates with the appropriate skills and expertise.

Once the IT Department is fully staffed and adequately trained, we anticipate that the reliance on as-needed IT support services will decrease, reducing costs in the foreseeable future. In the interim, however, the requested amendment for an additional $150,000 is essential to ensure uninterrupted and efficient IT support services for our City departments and employees. This additional funding will enable us to address the growing demands of our City's IT infrastructure, and effectively respond to service desk calls, emergencies, and system failures.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact for this item is $150,000 and is currently available within the Fiscal Year 2022/2023 budget in the Information Technology – Professional Services Account No. 110-4115- 52800.

ATTACHMENTS

1. Professional Services Agreement – ETECH 360 Fully Executed

2. Amendment
Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 137 of 1858 7630421.2 a04/06/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 AS NEEDED PROFESSIONAL INFORMATION

TECHNOLOGY (IT) SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and 360S2G (ETECH-360, 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 this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in 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.
2671/031858-0001
DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 June 15
Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 138 of 1858 2671/031858-0001
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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.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed THIRTY THREE

THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND ZERO
CENTS ($33,333.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 139 of 1858 2671/031858-0001
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 140 of 1858 2671/031858-0001
7630421.2 a04/06/22 -4-
and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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 selfinsurance 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 selfinsurance 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 DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 Item Title: 10.7
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 Item Title: 10.7
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

FISCAL YEAR 2022/23 AS NEEDED PROFESSIONAL INFORMATION
TECHNOLOGY (IT) SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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 indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: 05FF6869-977A-43E5-B525-74CA23DC2367 DocuSign Envelope ID: 7B8DF576-BFD5-43C0-92A8-0C99368EF9F6 Item Title: 10.7
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

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 nonexclusive 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.

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 Amanda Gutierrez, Vice President (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Michelle Sarkissian, Information Technology Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

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

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

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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 CONSULTANT
Armando G. Villa, City Manager
Attest:

Devon Knittle, VP- Contracts and Legal
Stephanie Roseen, Acting City Clerk
Amanda Gutierrez, Senior VP- Client Engagement
Approved as to Form: [Note: 2 officer’s signatures required if Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Jeffrey T. Melching, City Attorney
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7630421.2 a00/00/00 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include as needed professional Information Technology (IT) Support Services in the amount not to exceed THIRTY THREE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND ZERO CENTS ($33,333.00) as further detailed in the following page(s).

Consultantsshall provide technicalstaff augmentation on an as-needed basisin the areas noted below.

Additional skillsets may also be needed. Work will be performed both on-site at City facilities and remotely.

Skillsets include the following:

Network Engineer – Active Directory & Server OS
• Current Microsoft certification highly desired
• Windows Server 2016 and higher OS and Active Directory including securing the OS and AD communications
• Active Directory audit & health check
• Group Policy Object inventory, review, recommendations for update, removal, or new GPOs
• Strong familiarity with VMWare V6.x and above in a clustered configuration • Familiarity with Azure environment including building and securing • Familiarity with Veeam Enterprise Backup system
• Familiarity with Nimble SAN and supporting network architecture • Familiarity with securing and managing cybersecurity in the context of Active Directory and Server OSs
Network Engineer – HP/Aruba
• Current HP/Aruba certification highly desired
• Strong familiarity with designing, implementing, and maintaining Clear Pass • Strong familiarity with wired switches (layer 2, layer 3) and wireless access points
• Familiarity with integrating Clear Pass with Palo Alto Networks Firewalls • Familiarity with micro-segmentation for compliance with PCI, HIPAA, CLETS/DOJ, etc.
• Familiarity with installing, configuring, and operating Aruba wireless access points
• Familiarity with configuring and securing corporate WiFi service and Guest WiFi service and ensuring the security of the corporate WiFi and network services
• Familiarity with securing and managing cybersecurity in the context of network infrastructure
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Microsoft SQL Server DBA
• Current MCSA highly desired – SQL Server migration, install & configuration • Strong familiarity with both on-prem and Azure SQL server environments, administration, design, operations, and security
• Strong familiarity Data protection, disaster recovery/business continuity • Assess current SQL Server implementation(s) and make recommendations relative to compliance with PCI, HIPAA, CLETS/DOJ, CCPRA Business Analyst/Project Manager
• PMP certification highly desired
• Strong working knowledge of PMBOK including Agile and Waterfall approaches
• Strong client engagement and requirements gathering and documenting skills
• Experience with the full project life cycle including evaluating for deacquisition • Experience implementing large, complex technology projects including organizational change management
Microsoft Azure Architecture and Security
• Minimum of three years of design, implementation, and securing MS Azure cloud environments for highly regulated organizations that are growing rapidly
• Strong familiarity with the various services offered in MS Azure and their Total Cost of Ownership (TCO) over a five year planning horizon • Strong familiarity with securing a MS Azure environment and systems in accordance with PCI, HIPAA, PHI, DOJ/CLETS, and other security or privacy regulations as may apply
• Strong familiarity with implementing and migrating file & print services to the MS Azure environment
• Familiarity with design and implementation of disaster recovery/business continuity within a MS Azure environment
The scope of work is not intended to be exhaustive, but a representative requirement of the work.

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/2023 AS NEEDED PROFESSIONAL INFORMATION TECHNOLOGY (IT)

SERVICES
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/2023 AS NEEDED PROFESSIONAL INFORMATION TECHNOLOGY (IT) SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on June 15, 2022 between the City of Menifee (“City”) and 360S2G (ETECH-360, INC) (“Consultant”) for FISCAL YEAR 2022/2023 AS NEEDED PROFESSIONAL INFORMATION TECHNOLOGY (IT) SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the 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 ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED EIGHTY

THREE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND ZERO CENTS ($183,333.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 157 of 1858 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/2023 AS NEEDED PROFESSIONAL INFORMATION TECHNOLOGY (IT)

SERVICES

SCOPE OF SERVICES
Consultant shall provide N/A in the amount not to exceed ONE HUNDRED EIGHTY

THREE THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND ZERO CENTS ($183,333.00) as further detailed in the following page(s).

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: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 158 of 1858 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/2023 AS NEEDED PROFESSIONAL INFORMATION TECHNOLOGY (IT)

SERVICES
CITY OF MENIFEE 360S2G (ETECH-360, INC)
_______________________________ _______________________________ Armando G. Villa, City Manager Devon Knittle, Senior Director Attest: ________________________________
Amanda Gutierrez, Senior VP-Client Engagement
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 159 of 1858 Professional Services Amendment No. 1 with 360S2G (ETECH-360, INC) Item Title: 10.7
Agreement Amendment with ETech-360, Inc. for As-Needed Professional Information Technology Support Services Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 160 of 1858

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Promo Shop, Inc. for City uniform and program participant custom apparel purchases, in an amount not-to-exceed $6,000, for a revised total of $51,000.

DISCUSSION
The City of Menifee’s Community Services Department purchases a variety of uniforms and custom apparel for City staff and program participants from Promo Shop, Inc. The purchases consist of, but are not limited to, short sleeve t-shirts, polo shirts, windbreakers, and sweatshirts, with most of the items requiring silk screening or embroidery. With the addition of various programs and staff in Fiscal Year (FY) 2022/2023, the use of these services increased which led to needing additional funds for their contract.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact of Amendment No. 2 is $6,000, increasing the first amended contract total from $45,000 up to $51,000. Funding for the proposed amendment is available within the adopted FY 2022/2023 Budget, under Account No. 100-4660-52400.

Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 161 of 1858 City of Menifee Staff Report
Promo Shop, Inc. Amendment No. 2
June 7, 2023

Page 2 of 2 ends

ATTACHMENTS

1. Original Promo Shop Agreement

2. Promo Shop Amendment No. 1

3. Promo Shop Amendment No. 2
Item Title: 10.8
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and PROMO SHOP, INC, 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.

1.1 Term of Services. The term of this Agreement shall begin on September 15, 2022 and shall end on June 30, 2023 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The Initial Term, and any renewal term which actually occurs shall be referred to in this Agreement as the “term.” 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.

DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF 16th November
Item Title: 10.8
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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.

SECTION 2. COMPENSATION.

Consultant is one (1) of two (2) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) and shall be compensated as provided herein for the Services performed by Consultant. Consultant hereby acknowledges that Consultant is one (1) of two (2) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services. Notwithstanding any contrary indications that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to both Performing Consultants combined, in the aggregate for the first and second renewal term:

1. Initial Term: A sum not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00); and

2. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00); and

3. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).

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.;
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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:

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

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.

SECTION 3. FACILITIES AND EQUIPMENT.

SECTION 4. INSURANCE REQUIREMENTS.

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 selfinsurance 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 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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 selfinsurance 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.
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.

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.

DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

CUSTOM APPAREL SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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.

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 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State 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.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. City’s ability to terminate this Agreement under this Section shall include the ability to decline either or both of the First Renewal Term and/or Second Renewal Term listed in Section 1.1.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City. Consultant’s ability to terminate this Agreement under this Section shall include the ability to decline either or both of the First Renewal Term and/or Second Renewal Term listed in Section 1.1.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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 nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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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.

SECTION 10. MISCELLANEOUS PROVISIONS.

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 Memo Kahan (“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, Nancy Rodriguez, Management 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:

PROMO SHOP, INC
Attn: Memo Kahan
5420 McConnell Ave
Los Angeles, CA 90066
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management 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 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
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Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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.

10.18 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 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 176 of 1858 2671/031858-0001
7630421.2 a09/07/22 -15-
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: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 177 of 1858 2671/031858-0001
7630421.2 a09/07/22 -16-
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
Guillermo Kahan, President
Bob Golden, CFO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 178 of 1858 2671/031858-0001
7630421.2 a09/07/22
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Custom Apparel Services in the amount not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) for the initial term. For the first and second renewal term Services shall include Custom Apparel Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:

1. Initial Term: A sum not to exceed SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00).

2. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).

3. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).

Item Description/
Specs
Sample
Shirt
Cost Per
Item (Small)
Cost Per
Item (Med)
Cost Per
Item (Large)
Cost Per
Item (X)
Cost Per
Item (2X
Cost Per
Item (3X
Cost Per
Item (4X
T-Shirt -
Short
Sleeve
Cotton Blend,
Short Sleeve
T-Shirt
PC54
Screen Print
Fee
One Color
Screen Print

5.69 5.69 5.69 5.69 7.58 9.28 9.28
Screen Print
Fee
Two-Color
Screen Print

5.84 5.84 5.84 5.84 7.72 9.42 9.42
Screen Print
Fee
Four-Color
Screen Print

6.12 6.12 6.12 6.12 8.01 9.71 9.71
Set-Up Fee
Polo -
Short
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 34.66 34.66 34.66 34.66 36.06 38.94 40.37
Embroidery Two-Color
Embroidery 34.66 34.66 34.66 34.66 36.06 38.94 40.37
Set-Up Fee
Sweatshirt Fleece, Full-Zip
Hooded PC78ZH
Screen Print
Fee
One Color
Screen Print

24.60 24.60 24.60 24.60 26.06 29.29 29.29
Screen Print
Fee
Two-Color
Screen Print

25.04 25.04 25.04 25.04 26.20 29.43 29.43
Set-Up Fee
Windbreak
er Soft Shell Jacket J317
Screen Print
Fee
One Color
Screen Print

32.16 32.16 32.16 32.16 33.59 36.44 37.87
Screen Print
Fee
Two-Color
Screen Print

32.30 32.30 32.30 32.30 33.73 36.59 38.01
Set-Up Fee
Youth TShirtCotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print
Fee
One Color
Screen Print

6.48 6.48 6.48 6.48 NA NA NA
Screen Print
Fee
Two-Color
Screen Print

6.62 6.62 6.62 6.61 NA NA NA
Screen Print
Fee
Four-Color
Screen Print

6.92 6.91 6.91 6.91 NA NA NA
Set-Up Fee
Toddler TShirtCotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print
Fee
One Color
Screen Print

7.43 7.43 7.43 NA NA NA NA
Screen Print
Fee
Two-Color
Screen Print

7.84 7.84 7.84 NA NA NA NA
Screen Print
Fee
Four-Color
Screen Print

8.12 8.12 8.12 NA NA NA NA
Set-Up
Baseball
Cap Flexfit Cap C865
Embroidery One Color
Embroidery

NA NA NA
Embroidery Two-Color
Embroidery

NA NA NA
Set-Up Fee
COST PROPOSAL THRU JUNE 30, 2023

0.00 S/M L/XL

14.44 14.44

14.44 14.44
$25 per color

68.75 $25 per color
$25 per color
$25 per color
$25 per color
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 183 of 1858 2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

SC30
Embroidery One Color
Embroidery 31.74 31.74 31.74 31.74 31.74 31.74 31.74
Embroidery Multi-Color
Embroidery 31.74 31.74 31.74 31.74 31.74 31.74 31.74
Set-Up Fee
Short Sleeve, 6
Button up,

SP23
Embroidery One Color
Embroidery 22.74 22.74 22.74 22.74 22.74 22.74 22.74
Embroidery Multi-Color
Embroidery 22.74 22.74 22.74 22.74 22.74 22.74 22.74
Set-Up Fee 32
Long Sleeve, 6
Button up,

SP13
Embroidery One Color
Embroidery 25.81 25.81 25.81 25.81 25.81 25.81 NA
Embroidery Multi-Color
Embroidery 25.81 25.81 25.81 25.81 25.81 25.81 NA
Set-Up Fee
Adult
Basketball
Jersey
Drifit Single
Basketball
Reversible
Jersey
MVP Dri
101DF
Screen Print
Fee
One Color
Screen Print +
numbers

30.46 30.46 30.46 30.46 32.60 34.75 36.89
Set-Up Fee
Youth
Basketball
Jersey
Drifit Single
Basketball
Reversible
Jersey
MVP Dri
101DF
Youth
Screen Print
Fee
One Color
Screen Print +
numbers

29.89 29.89 29.89 29.89 32.03 34.00 36.32
Set-Up Fee
SHORTS Adult Cooling
Performance
N5244
Graphite
Screen Print Fee One Color
Screen Print 10.24 10.24 10.24 10.24 12.44 13.51 NA
Set-Up Fee
SHORTS Youth Cooling
Performance
NB5244
Graphite
Screen Print Fee One Color
Screen Print 10.41 10.41 10.41 10.41 NA NA NA
Set-Up Fee
Shipping
Fee
Standard
Delivery Included in cost
Rush

25.00 25.00
Additional Fees

68.75 68.75

68.75 Basketball League Uniforms
no charge
no charge

12.16 12.16

0.00 Maintenance Staff

68.75 68.75
OS

7.58 7.58

68.75 OS
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 184 of 1858 2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Item Description/
Specs
Sample
Shirt
Cost Per
Item (Small)
Cost Per
Item (Med)
Cost Per
Item (Large)
Cost Per
Item (X
Cost Per
Item (2X
Cost Per
Item (3X
Cost Per
Item (4X
T-Shirt -
Short
Sleeve
Cotton Blend,
Short Sleeve
T-Shirt
PC54
Screen Print
Fee
One Color
Screen Print

5.85 5.85 5.85 5.85 7.80 9.55 9.55
Screen Print
Fee
Two-Color
Screen Print

6.01 6.01 6.01 6.01 7.94 9.69 9.69
Screen Print
Fee
Four-Color
Screen Print

6.30 6.30 6.30 6.30 8.24 10.00 10.00
Set-Up Fee
Polo -
Short
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 35.71 35.71 35.71 35.71 37.16 40.13 41.60
Embroidery Two-Color
Embroidery 35.71 35.71 35.71 35.71 37.16 40.13 41.60
Set-Up Fee
Sweatshirt Fleece, FullZip Hooded PC78ZH
Screen Print
Fee
One Color
Screen Print

25.34 25.34 25.34 25.34 26.85 30.18 30.18
Screen Print
Fee
Two-Color
Screen Print

25.49 25.49 25.49 25.49 26.99 30.32 30.32
Set-Up Fee
Windbreak
er
Soft Shell
Jacket J317
Screen Print
Fee
One Color
Screen Print

33.14 33.14 33.14 33.14 34.61 37.55 39.02
Screen Print
Fee
Two-Color
Screen Print

33.28 33.28 33.28 33.28 34.75 37.70 39.17
Set-Up Fee
Youth TShirtCotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print
Fee
One Color
Screen Print

6.67 6.67 6.67 6.67 NA NA NA
Screen Print
Fee
Two-Color
Screen Print

6.81 6.81 6.81 6.81 NA NA NA
Screen Print
Fee
Four-Color
Screen Print

7.12 7.12 7.12 7.12 NA NA NA
Set-Up Fee
Toddler TShirtCotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print
Fee
One Color
Screen Print

7.64 7.64 7.64 NA NA NA NA
Screen Print
Fee
Two-Color
Screen Print

8.07 8.07 8.07 NA NA NA NA
Screen Print
Fee
Four-Color
Screen Print

8.36 8.36 8.36 NA NA NA NA
Set-Up
Baseball
Cap Flexfit Cap C865
Embroidery One Color
Embroidery 14.87 NA NA NA
Embroidery Two-Color
Embroidery

NA NA NA
Set-Up Fee
COST PROPOSAL OPTIONAL RENEWAL YEAR 1 OF 2

S/M L/XL

14.87 14.87 14.87

68.75 $25 per color

68.75 $25 per color
$25 per color
$25 per color
$25 per color
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 185 of 1858 2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Beanie Knit Beanie CP90
Embroidery One Color
Embroidery
Embroidery Two-Color
Embroidery
Set-Up Fee
Scarf Cotton/Acrylic
scarf STA02
Embroidery One Color
Embroidery
Embroidery Two-Color
Embroidery
Set-Up Fee
Pants Industrial PantsCharcoal PT20CH
Embroidery One Color
Embroidery 27.85 27.85 27.85 27.85 27.85 27.85 27.85
Embroidery Multi-Color
Embroidery 27.85 27.85 27.85 27.85 27.85 27.85 27.85
Set-Up Fee
Facility Staff
Shirt
Short Sleeve, 6
Button up, SC40
Embroidery One Color
Embroidery 30.64 30.64 30.64 30.64 30.64 30.64 30.64
Embroidery Multi-Color
Embroidery 30.64 30.64 30.64 30.64 30.64 30.64 30.64
Set-Up Fee
Long Sleeve, 6
Button up, SC30
Embroidery One Color
Embroidery 32.70 32.70 32.70 32.70 32.70 32.70 32.70
Embroidery Multi-Color
Embroidery 32.70 32.70 32.70 32.70 32.70 32.70 32.70
Set-Up Fee
Short Sleeve, 6
Button up, SP23
Embroidery One Color
Embroidery 23.42 23.42 23.42 23.42 23.42 23.42 23.42
Embroidery Multi-Color
Embroidery 23.42 23.42 23.42 23.42 23.42 23.42 23.42
Set-Up Fee
Long Sleeve, 6
Button up, SP13
Embroidery One Color
Embroidery 26.59 26.59 26.59 26.59 26.59 26.59 NA
Embroidery Multi-Color
Embroidery 26.59 26.59 26.59 26.59 26.59 26.59 NA
Set-Up Fee
Adult
Basketball
Jersey
Drifit Single
Basketball
Reversible Jersey
MVP Dri
101DF
Screen Print
Fee One Color Screen
Print + numbers 31.38 31.38 31.38 31.38 33.59 35.81 38.01 Set-Up Fee
Youth
Basketball
Jersey
Drifit Single
Basketball
Reversible Jersey
MVP Dri
101DF
Screen Print
Fee One Color Screen
Print + numbers 30.80 30.80 30.80 30.80 33.00 35.03 37.42 Set-Up Fee
SHORTS
Adult Cooling
Performance
Short
N5244
Graphite
Screen Print Fee One Color Screen
Print 10.54 10.54 10.54 10.54 12.81 13.97 NA
Set-Up Fee
SHORTS
Youth Cooling
Performance
Shorts
NB5244
Graphite
Screen Print Fee One Color Screen
Print 10.71 10.71 10.71 10.71 NA NA NA
Set-Up Fee
Shipping
Fee
Standard
Delivery Included in cost
Rush Delivery

25.00 Additional Fees

68.75 68.75
Basketball League Uniforms
no charge
no charge

25.00 12.52

68.75 Maintenance Staff

68.75 68.75

68.75 OS

7.80 7.80

68.75 12.52

12.52 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 186 of 1858 2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

6.02 6.02 6.02 6.02 8.03 9.83 9.83
Screen Print Fee Two-Color
Screen Print

6.18 6.18 6.18 6.18 8.17 9.98 9.98
Screen Print Fee Four-Color
Screen Print

6.48 6.48 6.48 6.48 8.48 10.30 10.30
Set-Up Fee
Polo - Short
Sleeve
Dri-Fit Micro
Pique Polo NKDC1963
Embroidery One Color
Embroidery 36.80 36.80 36.80 36.80 38.29 41.35 42.87
Embroidery Two-Color
Embroidery 36.80 36.80 36.80 36.80 38.29 41.35 42.87
Set-Up Fee
Sweatshirt Fleece, Full-Zip
Hooded PC78ZH
Screen Print Fee One Color
Screen Print

26.11 26.11 26.11 26.11 27.66 31.09 31.09
Screen Print Fee Two-Color
Screen Print

26.26 26.26 26.26 26.26 27.81 31.24 31.24
Set-Up Fee
Windbreaker Soft Shell Jacket J317
Screen Print Fee One Color
Screen Print

34.15 34.15 34.15 34.15 35.66 38.69 40.21
Screen Print Fee Two-Color
Screen Print

34.29 34.29 34.29 34.29 35.81 38.85 40.36
Set-Up Fee
Youth T-Shirt Cotton Blend,
Short Sleeve
T-Shirt
PC54Y
Screen Print Fee One Color
Screen Print

6.86 6.86 6.86 6.86 NA NA NA
Screen Print Fee Two-Color
Screen Print

7.01 7.01 7.01 7.01 NA NA NA
Screen Print Fee Four-Color
Screen Print

7.33 7.33 7.33 7.33 NA NA NA
Set-Up Fee
Toddler TShirtCotton Blend,
Short Sleeve
T-Shirt
CAR54T 2T 3T 4T NA NA NA NA
Screen Print Fee One Color
Screen Print

7.86 7.86 7.86 NA NA NA NA
Screen Print Fee Two-Color
Screen Print

8.31 8.31 8.31 NA NA NA NA
Screen Print Fee Four-Color
Screen Print

8.60 8.69 8.60 NA NA NA NA
Set-Up
Baseball Cap Flexfit Cap C865
Embroidery One Color
Embroidery

NA NA NA
Embroidery Two-Color
Embroidery

NA NA NA
Set-Up Fee
COST PROPOSAL OPTIONAL RENEWAL YEAR 2 OF 2
$25 per color
$25 per color

68.75 $25 per color
$25 per color
$25 per color

S/M L/XL

15.31 15.31

68.75 DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 187 of 1858 2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Beanie Knit Beanie CP90
Embroidery One Color
Embroidery 0
Embroidery Two-Color
Embroidery
Set-Up Fee
Scarf Cotton/Acrylic
scarf STA02
Embroidery One Color
Embroidery
Embroidery Two-Color
Embroidery
Set-Up Fee
Pants Industrial PantsCharcoal PT20CH
Embroidery One Color
Embroidery 28.69 28.69 28.69 28.69 28.69 28.69 28.69
Embroidery Multi-Color
Embroidery 28.69 28.69 28.69 28.69 28.69 28.69 28.69
Set-Up Fee
Facility Staff
Shirt
Short Sleeve, 6
Button up, SC40
Embroidery One Color
Embroidery 31.57 31.57 31.57 31.57 31.57 31.57 31.57
Embroidery Multi-Color
Embroidery 31.57 31.57 31.57 31.57 31.57 31.57 31.57
Set-Up Fee
Long Sleeve, 6
Button up, SC30
Embroidery One Color
Embroidery 33.69 33.69 33.69 33.69 33.69 33.69 33.69
Embroidery Multi-Color
Embroidery 33.69 33.69 33.69 33.69 33.69 33.69 33.69
Set-Up Fee
Short Sleeve, 6
Button up, SP23
Embroidery One Color
Embroidery 24.13 24.13 24.13 24.13 24.13 24.13 24.13
Embroidery Multi-Color
Embroidery 24.13 24.13 24.13 24.13 24.13 24.13 24.13
Set-Up Fee
Long Sleeve, 6
Button up, SP13
Embroidery One Color
Embroidery 27.39 27.39 27.39 27.39 27.39 27.39 NA
Embroidery Multi-Color
Embroidery 27.39 27.39 27.39 27.39 27.39 27.39 NA
Set-Up Fee
Adult
Basketball
Jersey
Drifit Single
Basketball
Reversible
Jersey
MVP Dri
101DF
Screen Print Fee One Color
Screen Print +
numbers

32.33 32.33 32.33 32.33 34.61 36.90 39.17
Set-Up Fee
Youth
Basketball
Jersey
Drifit Single
Basketball
Reversible
Jersey
MVP Dri
101DF
Screen Print Fee One Color
Screen Print +
numbers

31.73 31.73 31.73 31.73 34.00 36.09 38.56
Set-Up Fee
SHORTS
Adult Cooling
Performance
Short
N5244
Graphite
Screen Print Fee One Color
Screen Print 10.85 10.85 10.85 10.85 13.19 14.38 NA
Set-Up Fee
SHORTS
Youth Cooling
Performance
Shorts
NB5244
Graphite
Screen Print Fee One Color
Screen Print 11.02 11.02 11.02 11.02 NA NA NA
Set-Up Fee
Shipping Fee
Standard
Delivery Included in cost
Rush Delivery

68.75 OS

8.02 8.02

68.75 OS

12.89 12.89

68.75 Maintenance Staff

68.75 25.00

25.00 Additional Fees

68.75 68.75

68.75 Basketball League Uniforms
no charge
no charge
DocuSign Envelope ID: 35718CCD-5B40-469F-A974-EDF490FBD54D DocuSign Envelope ID: 6D182495-2BC8-47D5-9EFE-DCF4DA200FDF Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 188 of 1858 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on November 16, 2022, between the City of Menifee (“City”) and PROMO SHOP, INC (“Consultant”) for CUSTOM APPAREL SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the 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 for the Initial Term by FOUR THOUSAND DOLLARS AND ZERO CENTS ($4,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

1. Initial Term: A sum not to exceed TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00); and

2. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00); and

3. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).

3. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

DocuSign Envelope ID: 36B16B67-3397-4EE3-9598-B45C0BD29B3B DocuSign Envelope ID: 47F608E5-96D3-4F0A-A6E1-99C00BAAFCC1 February 11
Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 29
Menifee Mayor and City Council June 7, 2023 Page 189 of 1858 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES

EXHIBIT A

SCOPE OF SERVICES
Services shall include Custom Apparel Services in the amount not to exceed TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00) for the initial term. For the first and second renewal term Services shall include Custom Apparel Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:

1. Initial Term: A sum not to exceed TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00).

2. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00)

3. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00)

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.

DocuSign Envelope ID: 36B16B67-3397-4EE3-9598-B45C0BD29B3B DocuSign Envelope ID: 47F608E5-96D3-4F0A-A6E1-99C00BAAFCC1 Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 30
Menifee Mayor and City Council June 7, 2023 Page 190 of 1858 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES

CITY OF MENIFEE PROMO SHOP, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Guillermo Kahan, President Attest: ________________________________
Bob Golden, CFO
_______________________________
Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 36B16B67-3397-4EE3-9598-B45C0BD29B3B DocuSign Envelope ID: 47F608E5-96D3-4F0A-A6E1-99C00BAAFCC1 Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 31
Menifee Mayor and City Council June 7, 2023 Page 191 of 1858 AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on November 16, 2022, between the City of Menifee (“City”) and PROMO SHOP, INC (“Consultant”) for CUSTOM APPAREL as amended by that certain Amendment No.1 to the Agreement entered into on February 11, 2023 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2023 to increase the compensation amount for the Initial term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2. SECTION 2, “Compensation” is amended to increase the maximum compensation for the Initial Term by SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

Notwithstanding any contrary indications that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to both Performing Consultants combined, in the aggregate for the first and second renewal term:
a. Initial Term: A sum not to exceed SIXTEEN THOUSAND DOLLARS AND ZERO CENTS ($16,000.00); and
b. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00); and
c. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00).

3. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

SCOPE OF SERVICES
Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 32
Menifee Mayor and City Council June 7, 2023 Page 192 of 1858 AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES
Services shall include Custom Apparel Services in the amount not to exceed SIXTEEN THOUSAND DOLLARS AND ZERO CENTS ($16,000.00) the initial term. For the first and second renewal term Services shall include Custom Apparel Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:
a. Initial Term: A sum not to exceed SIXTEEN THOUSAND DOLLARS AND ZERO CENTS ($16,000.00); and
b. First Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00)
c. Second Renewal Term: An aggregate sum not to exceed SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($17,500.00)

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

5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 33
Menifee Mayor and City Council June 7, 2023 Page 193 of 1858 AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

CUSTOM APPAREL SERVICES

CITY OF MENIFEE PROMO SHOP, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Guillermo Kahan, President Attest: ________________________________
Bob Golden, CFO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Agreement Amendment with Promo Shop, Inc. for City Uniform and Program Participant Custom Apparel Purchases Item Page Number: 34
Menifee Mayor and City Council June 7, 2023 Page 194 of 1858

CITY OF MENIFEE
SUBJECT: Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Cooperative Agreement with Romtec, Inc. for the purchase of two prefabricated buildings for the Audie Murphy Ranch Skate Park in the amount not-to-exceed of $336,948; and

2. Exempt the purchase from the competitive bidding process as purchase will be made under Cooperative Purchasing Agreement Sourcewell Contract No. 081721-RMT.

DISCUSSION
The Audie Murphy Ranch (AMR) Sports Park continues to be a well-used amenity and as resident use grows with the population of the City, there is a need to upgrade the facility to accommodate onsite staff, public safety presence, and add park amenities that will assist in the expansion of programs and events. In order to accomplish this, City staff has met with Romtec, Inc. to design two separate prefabricated buildings. The first building will be a Park Ranger Station that will house current and future park ranger staff as well as host various ranger interpretive programs and City events. The second building will be a permanent ticket/concession stand for the Skate Park. The purchase of these buildings is currently approved as part of the Fiscal Year (FY) 2022/2023 Capital Improvement Program (CIP) Budget under CIP No. 22-27 AMR Skate Park Improvement.

On June 29, 2022, staff solicited proposals for design services through PlanetBids. After not yielding any results, staff reached out to several companies through the City’s previously established cooperative agreements. Staff received one response from Romtec, Inc. and proceeded to work with their team to establish a design and secure pricing.

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 195 of 1858 City of Menifee Staff Report
CIP 22-27 AMR Skate Park Improvements
June 7, 2023

Page 2 of 2 ends

Staff seeks to procure the prefabricated buildings under the City’s Sourcewell Cooperative Purchasing Agreement, Contract No. 081721-RMT. Procurement through cooperative agreements drastically shortens procurement time and delivery of the product while ensuring the City receives competitive pricing from trusted vendors. Menifee Municipal Code Section 3.12.070 (6) identifies standards for purchasing under cooperative agreements which eliminates the need for a formal Request for Proposal (RFP) process.

The cost of the purchase of the skate park ticket booth and the park ranger station combined would be $336,947.40. Installation and utility services are not included and would be procured through a competitive bid process. A recommendation to award a contract for installation would be brought to the City Council for approval following the bid process.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed agreement with Romtec, Inc. is $336,948. Funding in the total amount is available in the existing project funding as shown in Table 1 below.

Table 1 – Existing Project Funding
Project Account Number
Available
Budget
Amount
Requested
CIP No. 22-27 AMR Skate Park
Improvements 490-4555-58145 350,000 $336,948
Total $350,000 $336,948
No additional budget appropriation would be required for this action.

ATTACHMENTS

1. Romtec, Inc. Quote Package

2. Location Map
Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 196 of 1858

Page 1 of 5 ends

18240 North Bank Rd. Date
Roseburg, OR 97470 4/19/2023
P: 541-496-3541
F: 541-496-0803
E: [email protected]
Customer:

CA DIR# 1000002582 849246
Quantity Extended Price
1 $ 246,216.58
1 $ 112,319.03

9.00% $ (32,268.21)
$ 10,680.00
$ 336,947.40
Estimated Freight/Packaging to:
*All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document. *Design Services include Romtec providing one(1) initial unsealed plan set on 11x17 format and one (1) sealed revision in response to reviewing authority comments (excluding Romtec Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing of plans for Trads and Original models is only available upon request and may result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will be charged.

ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in price that could not have been anticipated at time of quote. *Romtec charges 2.75% of total contract value for the bonding rate (if required). Unless specifically stated in the above quote, this amount is not included in the total amount shown, and may be applicable at the time of invoice. *Non-Agency orders must be placed on Romtec Inc. purchase order forms. *Shipping prices are estimates only and are subject to change without notice. *Quote based on standard design averages, including: roof snowload of 25psf, IBC Seismic Design Category: C, Design Wind Speed: 115 MPH, Allowable Soil Bearing: 1500 psf, Occupancy Type: U, Construction: VB. *Unless included with this quote, a payment schedule and terms will be established after the signed Purchase Order is received. Romtec Inc. generally requires a deposit payment upon receipt of the signed Submittal Approval & Notice to Proceed on Production document.

Any deposit amount will be defined with the forthcoming payment schedule. *Due to recent market volatility and inflation rates, the proposal pricing is valid for thirty (30) days from the proposal date. If the Customer has not returned a signed Purchase Order within thirty (30) days of the proposal date, Romtec, Inc. reserves the right to update the price to reflect cost changes.
*This pricing is based on the understanding that Romtec, Inc. will be released for production within ninety (90) days. If, for any reason, Romtec, Inc. has not received Submittal Approval and Notice to Proceeed with Production within ninety (90) days of the Purchase Order date, Romtec, Inc. reserves the right to update the Purchase Order price to reflect inflationary cost changes. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.

Menifee, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.

PROPOSAL/PO #081721-RMT
Audie Murphy Park
City of Menifee
Bryce Howell
29995 Evans Rd
Menifee, CA 92586
Building Proposal Description
Ranger Station "Building Supply ONLY" per Preliminary Romtec Drawings and Scope of Supply & Services dated 4/19/2023
Ticket Booth "Building Supply ONLY" per Preliminary Romtec Drawings and Scope of Supply & Services dated 4/19/2023
California CCB#:

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 3
MifMd CitCil J72023 P197 f 1858

Page 2 of 5 ends

Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.

Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable) can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production. *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase. *Romtec's standad insurance coverage document is available upon request. Unless otherwise specifically noted herein, Romtec's standard insurance coverage is accepted by Customer and considered sufficient coverge for all work related to this purchase order. Customer agrees to pay any costs related to additional insurance requirements not specifically noted in this order. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 4
MifMd CitCil J72023 P198 f 1858

Page 3 of 5 ends

Terms of Payment
Credit Terms
Payment Terms
Deviation From Payment
Tax
Change Orders
Delay of Project
Time is of the essence with respect to Customer’s payment of the purchase price, and timely payment shall not be delayed or excused for any reason. Payment agreement between Customer and other parties, or failure by other parties to pay Customer or perform any agreement with Customer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial payments, any offsets, and/or retainage against the Purchase Order price. Should Customer not act according to the terms of payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are subject to pre-payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15 percent, from the date payment was due. For accounts that are 15 days or more past due, ROMTEC will withhold all warranty service until the account is fully paid and in good standing. This does not in any way toll the warranty period.

Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this order. Customer is responsible for remitting any taxes that are applicable.

All Change Orders must be signed by the Customer. Prices stated herein are valid for 30 days from the purchase order date, or two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i) incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii) incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17” format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal requested or required by Customer for any reason after formal submital approval shall be performed by ROMTEC at Customer's expense, as follows: (i) Customer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Customer's description, ROMTEC shall provide to Customer a written price quote for the modifications requested; (iii) Customer shall pay the Change Order Invoice to ROMTEC in accordance with payment terms.

Should progress of the project be delayed so that ROMTEC cannot produce and deliver the goods within six months from the date the purchase order is signed, Customer agrees to reimburse ROMTEC for all design and administrative expenses related to the completion of the Scope of Supply & Design Submittal as compensation for design services rendered. Customer also agrees to immediately pay any expenses related to any Customer authorized procurement or production of items. Additionally, Customer agrees to accept cost increases that may occur during the time the project is delayed.

To be established by Romtec’s accounting department after receipt of Customer's credit application.

Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in accordance with the following terms and conditions:

Proposal Terms & Conditions
Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa, MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a carrier selected by Romtec ships materials.

Upon execution of the Purchase Order agreement, if Customer is not pre-paying 100% of the contract value, Customer shall provide a completed credit application (subject to Romtec’s approval) and, if applicable, evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price in full. Credit terms are conditional and may be modified subsequently at Romtec's discretion if new information or conditions warrant such modification.

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 5
MifMd CitCil J72023 P199 f 1858

Page 4 of 5 ends

Terms of Delivery
Description of Products and Warranty
Terms of Shipment & Delivery
Store & Invoice
Cancellation
Contract Documents
Legal Proceedings
In addition, Customer shall reimburse all expenses related to any Customer authorized procurement or production of items prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Customer indicate approval of its supply offering by executing the approval signature page of the Scope of Supply & Design Submittal document and/or a formal Notice to Proceed on Production. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of the building kit package(s), the Customer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or exchanges.

Together with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).

If Customer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Customer agrees to pay the reasonable attorney feesand other costs of such collection, regardless of whether litigation is actually commenced.

ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is beyond ROMTEC’s control. Unless otherwise stated herein, all goods are shipped F.O.B. Roseburg, Oregon, and the risk of loss or damage to the goods and risk of delays in transit passes to the Customer when the goods are duly delivered to the carrier in Roseburg, Oregon. ROMTEC has no control over arrival time of a shipment, and ROMTEC shall not be responsible for delays in shipments once the goods leave ROMTEC's plant. ROMTEC's required procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling instructions of the manufacturer of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE CUSTOMER.

ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains and defines ROMTEC’s complete offering of its products and services (as applicable). The Scope of Supply & Design Submittal also defines ROMTEC’s Limited One Year Warranty. Warranty terms available prior to the submission of the Scope of Supply & Design Submittal upon request.

Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC shipment ordered by a Customer is ready to deliver the goods to the Customer, the Customer agrees to accept the goods at the carrier's earliest possible delivery date and time.

If Customer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Customer agrees to pay ROMTEC under the agreed payment terms, using the date the order was ready for shipment as the invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is invoiced, the materials shall become property of the Customer.

Further, ROMTEC may at its sole discretion invoice the Customer for a minimum of $450 per month for on-site storage. Deliveries that are delayed by the Customer may be canceled by ROMTEC and the goods returned to ROMTEC at ROMTEC's discretion. Any costs or other issues arising from the Customer's act in delaying receipt of ROMTEC’s shipments are the complete responsibility of the Customer. The Customer agrees to pay for the complete shipping cost if ROMTEC elects to allow the goods to be returned to ROMTEC or delivered to another Buyer.

Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services required in completing its Scope of Supply & Design Submittal. Should Customer cancel its purchase order prior, the following fee schedule will take effect:

1. Cancellation after Purchase Order but prior to Submittal Approval: 30% of total contract value due

2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production: 75% of total contract value due

3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total contract value due
Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 6
MifMd CitCil J72023 P200 f 1858

Page 5 of 5 ends

Controlling Provisions
Binding Effect
Notice
Modification
Interpretation
Severability
Waiver
Force Majeure
Counterparts
This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement, even though all parties do not sign the same counterpart.

In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the prevailing party in the dispute, including those arising before and during any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.

This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County with respect to litigation regarding any dispute, claim or other matter related to this contract.

The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions contained on any confirmation order, Purchase Order, or other writing the Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.

This Purchase Order agreement shall be effective and in force only when signed by Customer and also signed by ROMTEC. ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties.

All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this paragraph.

No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.

The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the paragraphs themselves. All parties agree that they have had sufficient opportunity to negotiate these terms and have them reviewed by their cousel of choice. The parties agree that no legal interpretation of these terms should be construed against the drafting party.

The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.

Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or prejudice any party’s right to require strict performance of the same provision in the future or of any other provision.

Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage results from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault or negligence of such party. A contingency for the purposes of this Agreement includes Acts of God, fires, floods, earthquakes, explosions, storms, wars, hostilities, blockades, public disorders, pandemic or other public health emergency, quarantine restrictions, embargoes, strikes, other labor disturbances or down time, unavailability of electronic communication lines or equipment, and compliance with any law, order or control of, or insistence by any governmental or military authority.

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 7
MifMd CitCil J72023 P201 f 1858
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
Phone: 541/496-3541
Fax: 541/496-0803

PRELIMINARY INFORMATION
Customer/Contractor Information
Company Name: ___________________________________________________________________________ Year Established: _______________ Billing Address: ____________________________________________ Street Address: ________________________________________________ City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________ Accounts Payable: __________________________ Telephone: __________________________ Email: ______________________ Project Information
Job: ________________________________________________ Government Agency: _________________________________________________ Agency Contract Officer: __________________________ Telephone: __________________________ Job Contact: __________________________ Telephone: __________________________ Job Site Address: _________________________________________________________________________________________________________ City: _______________________________________ State: _______________ Zip: _____________ Telephone: ____________________________ Project Prime Contractor
Company Name: ___________________________________________________________________________ Year Established: _______________ Billing Address: ____________________________________________ Street Address: ________________________________________________ City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________ Project Owner
Company Name: ___________________________________________________________________________ Year Established: _______________ Billing Address: ____________________________________________ Street Address: ________________________________________________ City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________ Project Bond Information
Insurance Agency: ___________________________ Address: ________________________City: ______________ State:______ Zip: __________ Agents Name: ________________________________Telephone: ___________________________ Fax: _________________________________ Bonding Company: __________________________ Address:________________________ City: ______________ State:_______ Zip:__________ Bond No: ________________________ Underwriter: ________________________ Telephone:____________________ Fax:__________________ Romtec uses info provided on this form to create customer accounts in Romtec's accounting system. Please fill out the form as completely as possible. Some info may be inapplicable. For example, if Romtec's customer and the overall Project Owner are the same entity, feel free to respond "same as above" in the Project Owner field. Similarly, if Romtec's customer and the Project Prime Contractor are the same entity, feel free to write "same as above" in the Project Prime Contractor field.

If the project is not bonded, please write "No bond" in the Project Bond Information field.

Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 202 of 1858 Location Map
Audie Murphy Ranch Sports
Building 1—Ticket/Concession Stand
Building 2—Park Ranger station
Item Title: 10.9
Agreement with Romtec, Inc. for AMR Skate Park Improvements Project CIP 22-27 Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 203 of 1858

CITY OF MENIFEE
SUBJECT: Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Chris Gehrki, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute an Owner-Contractor Agreement with NPG, Inc. in an amount not-to-exceed $134,000 to provide road maintenance services along Menifee Road and parking lot resurfacing for the E.L. Pete Peterson Park Parking Lot Project, CIP Project No. 23-18.

DISCUSSION
As part of Public Works’ efforts to maintain the City’s roads, staff have identified several segments along Menifee Road needing more extensive road maintenance. In particular, the identified locations along Menifee Road require asphalt grinding/milling, asphalt dig outs to repair base failures, road resurfacing, and pavement markings/striping. Specifically, the work will take place on small sections of Menifee Road on the southbound lane approximately 1,700 linear feet south of Highway 74. This work is distinct from a Capital Improvement Program (CIP) project in that a CIP resurfacing project consists of 1" or more of new AC asphalt over the entire paved roadway (edge of pavement to edge of pavement); the resurfacing has to be continuous and includes restriping of the roadway and ADA improvements. Roadway patching due to failures over small areas is not considered a CIP project. While the proposed work does not constitute a CIP project, it will significantly improve the condition of the road.

As part of the current year’s CIP Program, the E.L. Pete Peterson Park Resurfacing Project, Capital Improvement Program Project No. 23-18, consists of asphalt grinding/milling, asphalt dig outs to repair base failures, parking lot resurfacing, and pavement markings/striping. The work will take place at E.L. Pete Peterson Park parking lot located at 29621 Park City Ave., Menifee, CA 92584.

Page 2 of 3 ends

On March 16, 2023, staff administered a competitive bid process using PlanetBids, and the Projects were legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on April 13, 2023, and a total of five bids were received, as summarized in Table 1 below.

Table 1 - Bid Result Summary
Engineer’s Estimate $532,000
Firm Name Total Bid Amount Lowest Responsible
Bidder
NPG, Inc. $134,000.00 X
Hardy & Harper, Inc. $179,636.00
Hillcrest Contracting, Inc. $190,716.54
Roadway Engineering & Construction $227,830.50
All American Asphalt $291,499.50
Staff reviewed the apparent lowest bid and determined that NPG, Inc. met the requirements for recommendation as the lowest responsive and reasonable bidder.

The cost for the construction contract is $134,000. Labor compliance and materials testing services are currently being procured and are expected to increase the Project construction costs to an anticipated total construction cost of $181,399. Construction management and inspection would be provided by City staff. Existing project budgets are available to cover the total anticipated construction costs.

If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: June 1, 2023
Construction End: June 30, 2023
City Council Acceptance: August 2023
The timeline above assumes no delays due to weather or unforeseen conditions.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated construction costs, including labor compliance and materials testing, for the road maintenance services work along Menifee Road and the CIP 23-18: E.L. Pete Peterson Parking Lot Project is, $181,399. The Agreement with NPG itself is proposed for $134,000.

Funding to support the proposed Agreement is available through established budgets in Fiscal Year 2022/2023, as summarized in Table 2 below.

Page 3 of 3 ends

Table 2 – Existing Project Funding
Fund Project Account Number Available
Budget
Anticipated
Cost
Gas Tax Street Maintenance
(Menifee Road)
200-4552-52600 $200,000 $117,909
DIF E.L. Pete Peterson
Parking Lot Resurfacing
620-4555-58204 $200,000 $63,490
Total $400,000 $181,399

ATTACHMENTS

1. Menifee Road Resurfacing Project Location Map

2. E.L. Pete Peterson Park Project Location Map

3. Owner-Contractor Agreement
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 206 of 1858 Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 207 of 1858 Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 208 of 1858 Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 209 of 1858 290/031858-0008
7645681.2 a03/21/23 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT

PUBLIC WORKS ROAD AND PARKING LOT RESURFACING SERVICES
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and NPG, INC. (“Contractor”), whose principal business address is 1354 Jet Way, Perris, CA 92571 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the Public Works Road and Parking Lot Resurfacing Services to be constructed at the in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 211 of 1858 290/031858-0008
7645681.2 a03/21/23 Page 3
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 212 of 1858 290/031858-0008
7645681.2 a03/21/23 Page 4
attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

By:

Name: Jeff S. Nelson, President______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Sharon Nelson, CFO
Its:

ATTEST:

By:

Stephanie Roseen, Acting City Clerk
035696
Contractor’s City Business License No.
664779
State Contractor License No. & Class
1354 Jet Way
Street Address
Perris, CA 92571
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 213 of 1858 290/031858-0008
7645681.2 a03/21/23 Page 5

EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 214 of 1858 290/031858-0008
7645681.2 a03/21/23 Page 6

EXHIBIT B

CONTRACT PRICE
One Hundred Thirty Four Thousand Dollars and Zero Cents ($134,000.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 215 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 7
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 216 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 8
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 217 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 9
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 218 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 10
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 219 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 11
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 220 of 1858 290/031858-0008
7645681.2 a00/00/00 Page 12
Item Title: 10.10
Agreement with NPG, Inc. for Road Maintenance Services Along Menifee Road and Parking Lot Resurfacing Services for CIP 23-18: E.L. Pete Peterson Park Parking Lot Project
Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 221 of 1858

CITY OF MENIFEE
SUBJECT: Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a budget amendment resolution, amending the Fiscal Year 2022/2023 Budget, appropriating revenues and expenditures in the amount of $47,325 for the La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11, to the CIP Fund 320; and

2. Authorize the City Manager, or his designee, to execute all necessary documents.

DISCUSSION
On February 2, 2022, the City Council authorized the City’s participation in the Eastern Municipal Water District’s (EMWD) Recycled Water Accelerated Retrofit Program (ARP) for La Ladera Park.

The Park is eight acres, making it the largest park the City maintains on potable water.

Participation in EMWD’s ARP would allow the retrofitting of La Ladera Park from potable water to recycled water. Switching the landscape to be irrigated by recycled water would allow for potable water conservation as well as cost savings since recycled water is one-third of the cost of potable water. The work would consist of switching the park’s point of connection to its irrigation system to be watered with recycled water. As well as the removal of 32,000 sq. ft. of turf from the park to allow for the conversion into a point-to-point irrigation system and replanted with like plant material.

On August 11, 2022, staff solicited bids for the construction of the Recycled Water Accelerated Retrofit Project through PlanetBids. The project’s construction cost was originally estimated at $97,000 based on costs from completed projects of a similar scope. On October 5, 2022, given higher than expected construction costs in the bid responses, Council authorized staff to reject all bids. After further review and revision of the scope of work, it was determined that the project could be completed internally by City staff decreasing the cost to $47,325.

Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 222 of 1858 City of Menifee Staff Report
CIP 23-11 Budget Appropriation
June 7, 2023

Page 2 of 2 ends

EMWD has issued a funding agreement to reimburse the City for the cost of the entire construction project not-to-exceed $47,325.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The cost of the Project is estimated not-to-exceed $47,325, with 100% of the anticipated costs reimbursed by EMWD per the ARP Agreement. The Finance Department will increase the budgeted revenue in Account No. 320-3845 Agency Reimbursement and appropriate those funds to expenditure Account No. 320-4555-58172 La Ladera Park Recycled Water Retrofit.

ATTACHMENTS

1. Budget Amendment Resolution (BAR) Fund 320

2. EMWD Funding Agreement and Cost Proposal
Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 223 of 1858 RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Capital Projects Fund 320 Adopted FY 2022/23 Revenue Budget: $2,484,099

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 21-04: New Quail Valley Fire Station
No. 5 (Appropriation) (Transfer from Fund
301)
320-3900 1,000,000
October 19, 2022
CIP 13-03: Holland Road/I-215 Overcrossing
(FY21/22 Budget Carry-Over) Sewer Project
(Transfer from Fund 301)
320-3900 500,000
November 16, 2022 CIP 22-15: MSJC Entrance Traffic Signal (Reimbursement Agreement) 320-3899 228,407
March 1, 2023 FY22/23 Mid-Year Adjustment (Interest) 320-3800 22,000 June 7, 2023 CIP 23-11: La Ladera Park Retrofit
Project (EWWD Reimbursement) 320-3845 47,325
TOTAL: $1,797,732
Amended Capital Projects Fund 320 FY 2022/23 Revenue Budget: $4,281,831 Capital Projects Fund Adopted FY 2022/23 Expenditure Budget: $2,474,099

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022 Holland Road Water, Recycled Water, and Sewer Utilities Project 320-4555-58021 $315,000
October 19, 2022 CIP 13-03: Holland Road/I-215 Overcrossing (FY21/22 Budget Carry-Over) 320-4555-58021 1,152,532.96 October 19, 2022
CIP 21-04: New Quail Valley Fire Station
No. 5 (Appropriation) (Transfer from Fund
301)
320-4555-58102 1,000,000
October 19, 2022
CIP 13-03: Holland Road/I-215 Overcrossing
(FY21/22 Budget Carry-Over) Sewer Project
(Transfer from Fund 301)
320-4555-58021 500,000
November 16, 2022 CIP 22-15: MSJC Entrance Traffic Signal 320-4555-58132 228,407 December 7, 2022 FY21/22 Budget Carry-Overs* Various 767,103.64 June 7, 2023 CIP 23-11: La Ladera Park Retrofit
Project 320-4555- 47,325
TOTAL: $4,010,368.60
Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 224 of 1858 Amending the Fiscal Year 2022/23 Capital Project Fund 320 Budget CIP 23-11: La Ladera Park Recycled Water Retrofit Project 2 *Includes $123,819.84 of existing FY2021/22 Purchase Orders (POs) carried forward into FY2022/23 under City Manager authority.

Amended Capital Projects Fund 320 FY 2022/23 Expenditure Budget: $6,484,467.60

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 Capital Projects Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

CIP 23-11: La Ladera Park Retrofit Project $47,325
Amended Capital Projects Fund 320 FY 2022/23 Budget: $4,281,831

Expenditures:

CIP 23-11: La Ladera Park Retrofit Project $47,325
Amended Capital Projects Fund 320 FY 2022/23 Budget: $6,484,467.60 PASSED, APPROVED AND ADOPTED this 7th day of June 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 225 of 1858 DocuSign Envelope ID: B18ꢀECEꢁ-93ꢂꢃꢄA5ꢅꢆꢇꢈꢉꢊꢋ33ꢋ8ꢋꢌ61762

AGREEMENT FOR RECYCLED WATER RETROFIT FUNDING
BY AND ꢀEꢁEEN EASTERN MUNICIPAL WATER DISTRICT,

THE CITY OF MENIFEE
This Agreement is made as of �ꢀꢁU{ꢂJ \L\. 2023 ("Effective Date"), by and betweeꢎ EASTERN MUNICIPAL WATER DISTRICT, a ꢃunicipꢄl wꢄteꢈ dꢊstꢅꢊct oꢈganized and opeꢅatiꢎg pursuaꢎt to Dꢊvision 20 of the Calꢊfoꢅnꢊa Water Code ("EMWD"), and THE CITY OF MENIFEE ("Customer"), whose mailiꢎꢌ ꢄddress is 29844 Haun Road Menꢊfee, CA 92584. EMWD and Customeꢅ are sometimes indꢊvidually referred to heꢈein as the ꢂPaꢃꢄ and collectꢊvely as the ꢅPaꢆꢇes.ꢂ

R E C I T A L S
WHEREAS, EMWD is committed to the efficient use of ꢊts valuable water supplꢊes, including maximꢊzꢊng the beneficꢊal use of recycled water in oꢅdeꢅ to offset potꢄble water use: and WHEREAS, Customer owns real pꢅopeꢆy located at 29629 La Ladera Rd, Menifee, CA 92584 (ꢂSꢇte"). The Site is ꢄdjꢄcent to EMWD's recycled water dꢊstꢅꢊbutꢊon system. Customer cuꢈꢈently iꢅrꢊꢌates the Site with domestꢊc wateꢅ puꢈchased fꢈom EMWD; and WHEREAS, EMWD owns and opeꢅꢄtes fouꢈ reꢌꢊoꢎal ꢅeclamatꢊoꢎ facꢊlꢊtꢊes which ꢌenerate recycled wꢄteꢅ aꢎd Customeꢅ desꢊꢅes to puꢈchꢄse such ꢈecycled wꢄter fꢅom EMWD foꢈ allowable, suꢊtable non-potꢄble uses, specifꢊcꢄlly, ꢇꢈ lꢄndscape ꢊrꢈꢊꢌatioꢎ: and WHEREAS, in oꢈder to ꢊmplement Customer's use of recycled water, Customeꢅ must make modificatꢊons (ꢈetꢅofits) to its existing on-sꢊte ꢊrꢅꢊgatꢊon system; aꢎd WHEREAS, ꢊn ꢅecogꢎitꢊon that the cost of ꢅetꢈoꢉꢊꢋꢊnꢌ ꢊrrꢊꢌatioꢎ facilitꢊes fꢅom domestic to ꢈecycled wateꢈ impedes the abꢊlꢊtyof some of EMWD's customeꢅs to comply wꢊth the ꢅequirements of EMWD's Recycled Wꢄteꢈ Guꢊdeliꢎes, and ꢊn oꢈder to encourꢄge conseꢍatꢊoꢎ ofwateꢅ ꢅesouꢈces and pꢅovide a means foꢅ greateꢈ coꢎtꢅol oveꢈ the use of ꢅecycled water, EMWD has estꢄblꢊshed the "EMWD Recycled Wꢄter Retꢅofit Fundꢊng Proꢌꢈꢄm" (the "Program"): aꢎd WHEREAS, undeꢅ the teꢅms of the Pꢈoꢌram, EMWD wꢊll ꢈeimburse Customersfoꢈ ꢄpproved costs of conꢎecting to EMWD's recycled water distrꢊbutꢊon facilꢊties and retrofittinꢌ its oꢎ-sꢊte ꢊꢅriꢌation system(s) as moꢅe thoroughly described heꢈeꢊn; ꢄnd WHEREAS, followꢊnꢌ Customer's constructioꢎ, Customeꢅ agꢅees to pay 75% of EMWD's theꢎ cuꢅꢅeꢎt potꢄble water ꢅate foꢈ the Sꢊte for a peꢈiod ꢎot-to-exceed ten (10) yeꢄrs followiꢎꢌ connection and Customeꢈ's ꢊnitiꢄl bꢊlliꢎg foꢈ recycled wꢄter; ꢄnd WHEREAS, Customeꢅ ꢄddꢊtionally ꢄckꢎowledꢌes and ꢄꢌꢅees that any grant, oꢈ other, fuꢎdꢊꢎꢌ associꢄted wꢊth the Sꢊte retꢈofit to ꢈecycled water that ꢊs offeꢅed oꢅ pꢅovided by the Metꢅopolꢊtan WateꢅDꢊstꢈict of Southeꢅn Californꢊꢄ (MWD) shall be assigꢎed to, oꢈ otheꢏisebe the pꢈopeꢅty of EMWD; and
Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 226 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 227 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 228 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 229 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 230 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 231 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 232 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 233 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 234 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 235 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 236 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 237 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 238 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 239 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 240 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 241 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 242 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 22
Menifee Mayor and City Council June 7, 2023 Page 243 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 23
Menifee Mayor and City Council June 7, 2023 Page 244 of 1858 Unit Extension

ESTIMATED

QUANTITY
Price ITEM NO. ITEM DESCRIPTION UNIT
Recycled Water Installation
500
350
4000
1000
800
200
30 500
350
Contractor to install 2’ Recycled water meter per EMWD standards. Water meter provided by EMWD (Labor only) 1
2 3
4 5
6 EA
EA
EA
EA
EA
EA
1 1
1 1
1 1
Provide and install Nelson 7645 (1") quick coupler valve with acme thread and purple locking cover
4000
1000
800
Provide and install Yardney strainer MCS3-1. To be installed above ground with stainless steel enclosure per manufacturer standard and details Provide and install Griswold 2030 epoxy coated normally closed master valve (size:2") per detail. Run wires to existing irrigation controller location Provide and install Calsense flow sensor (Size:2"). Install per detail. Run wires to existing irrigation controller
200
Provide and install 1" ball valve inside round purple valve box 11400
Provide and install 4" Class 315 PVC purple recycled water irrigation mainline (bury 24" min. deep) and connect to existing irrigation POC as shown on plan. 7 8 LF
LF
380
5 6400
Provide and install 14GA. Valve wires for master valve and P7162D Paige cable for flow sensor inside 1.5" PVC Sch.40 conduit and connect to existing controller. Install pull box at 150" O.C. or at any change in direction.
1,280
150
500
250
1350
500
9 Provide and install recycled water signage per EMWD standards EA EA
9 1
Cut and cap existing irrigation mainline-provide a minimum of 4ft separation. Remove unused pipe. 10
1500
Replace existing quick coupler with Nelson 7645 (1") quick coupler valve with acme thread and purple locking cover. Install new purple valve box per detail. 11 EA 6 150
400
400
9450
800
Replace all existing irrigation valve boxes and lids with purple recycled water and label accordingly. 12
13 EA
EA
63 Existing backflow preventer to be removed. Cut and cap existing line. Remove all 2 unused pipe.
800
Remove existing master valves, flow sensors and water meters. Cut and cap mainlines. 14
15 EA
EA
2 1
250 250
Provide and install Nibco T-113 Gate Valve (Mainline size). To be installed per detail.

Repair/Replace all irrigation where damaged from the 380’ 4” mainline installation 1000
250
1000
1000
16 LS 1
Replace existing valve and install new drip valve Hunter ICV-101G-R with Rain Bird QKCHK-100. To be install inside purple valve box. Install per City detail. 17 18 EA
LS
4 1
6000 6000
Total
Provide purple cap for recycled water identification to all existing overhead irrigation rotor / spray system.

Recycled Water Installation
$47,325
Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 24
Menifee Mayor and City Council June 7, 2023 Page 245 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 25
Menifee Mayor and City Council June 7, 2023 Page 246 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 26
Menifee Mayor and City Council June 7, 2023 Page 247 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 27
Menifee Mayor and City Council June 7, 2023 Page 248 of 1858 Item Title: 10.11
Budget Appropriation for La Ladera Park Recycled Water Retrofit Project, CIP No. 23-11 Item Page Number: 28
Menifee Mayor and City Council June 7, 2023 Page 249 of 1858

CITY OF MENIFEE
SUBJECT: Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases
MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Acting Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the purchase of four vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group, and BMW of Riverside in a not-to-exceed amount of $282,214, including tax and delivery, from Account Number 105-4911-53155; and

2. Allow the purchase to be made under a Cooperative Purchasing (piggyback) Agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716-NAF; and

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

DISCUSSION
As the Menifee Police Department (PD) continues to grow, there is a need for new and replacement vehicles with units nearing the end of their useful lifespans. Given current demand and the lead-time required to secure vehicles, PD has begun the process of procuring replacement vehicles to ensure that the City is able to continue to meet the operational demands of the department without service interruptions.

Staff have worked closely with National Auto Fleet Group to select vehicles that would meet the needs of the department while being conscientious of the fiscal impact. Staff has also taken into account the current demand for vehicles across the country that is causing significantly longer than normal delivery times. The proposed vehicle assignments for the Department are for the Patrol and Traffic divisions as shown in Table 1 on the following page.

Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 250 of 1858 City of Menifee Staff Report
Mid-Year PD Vehicles
June 7, 2023

Page 2 of 3 ends

Table 1- Proposed Vehicle Assignments
Unit Type Number of Units Locations
BMW 1250 RT-P 1 Traffic
Chevrolet Tahoes 3 Patrol
TOTAL 4
As part of the Fiscal Year (FY) 2022/2023 Mid-Year Budget, the City Council approved the purchase of four police vehicles. Due to the limited stock of vehicles, these vehicles may no longer be available following City Council approval. Keeping the current market conditions in mind, staff is requesting authorization for the City Manager to approve substitute orders/order replacements at a cost of up to an additional $17,238.41, or approximately 6.5% to account for future pricing changes that may occur. The increase would only be used if the current quotes were no longer valid after City Council approval. Given the shortage of vehicles, the possibility of these vehicles not being available, and fluctuations of specific vehicle unit pricing, staff is requesting the City Manager be authorized to sign replacement quotes for the four vehicles with equivalent vehicles.

The quotes attached to the staff report are provided for reference, but no guarantees can be made that these specific units would be available at the time of approval.

Purchasing of the vehicles using the Sourcewell Contract no. 0915521-NA, would expedite and result a costs savings by leveraging cooperative purchasing of the community, government agency, educational institute, tribal nation, and nonprofit pricing. Using the Sourcewell Contract, the City would also benefit from reduced administrative costs. The purchase is allowed under the Menifee Municipal Code Section 3.12.070 (6).

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The current fiscal impact for this item is $282,214. This full amount for the four vehicles is budgeted within the FY 2022/2023 operating budget in Account No. 105-4911-53155 Capital Outlays, approved as part of the Mid-Year Budget adjustments on March 1, 2023. The attached quotes are summarized in Table 2 below.

Table 2- Vehicle Quotes
Unit Type Amount Per
Vehicle
# of Units Location Total Cost Per
Type
BMW 1250 RT-P $33,504.26 1 Traffic $33,504.26
Chevrolet Tahoe $77,142.11 3 Patrol $231,426.33
TOTAL 4 $264,930.59
*The additional $17,283.41 (~6.5%) is budgeted for any price changes, for a total authorized amount of $282,214.

The future fiscal impact for these items related to upkeep, fuel, and maintenance would be budgeted in future fiscal years budgets in the Fleet Services Account Nos. 115-4911-52300, 115- 4911-52503, and 115-4911-52506.

Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 251 of 1858 City of Menifee Staff Report
Mid-Year PD Vehicles
June 7, 2023

Page 3 of 3 ends

ATTACHMENTS

1. BMW of Riverside - BMW Motorcycles

2. National Auto Fleet Group – Chevrolet Tahoe (3) Patrol Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 252 of 1858 Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 253 of 1858 Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 254 of 1858 Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 255 of 1858 Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 256 of 1858 From: Heriberto Gutierrez <[email protected]> Sent: Tuesday, May 23, 2023 11:29 AM
To: Christine Booker <[email protected]>
Subject: RE: Tahoe quotes
Christine, please see he estimate provided by Buzzard.
********************************************************** See below for estimate for the 2024 Tahoe’s, I have attached west coast upfit, I would factor in 2,500 more for a K-9
Also, I think I maybe a little high on my estimate.

Let me know if you need anything more.

Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
Watsonville Fleet Group
Item Title: 10.12
Mid-Year 2022/2023 Police Department Fleet Vehicle Purchases Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 257 of 1858

CITY OF MENIFEE
SUBJECT: Police Department Replacement Vehicle Purchase MEETING DATE: June 7, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Acting Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Direct staff to close out Purchase Order No. 04355 and release funds; and

2. Approve the purchase of five vehicles from Gosch Ford Temecula in a not-to-exceed amount of $271,227.94, including tax and delivery, from Account No. 115-4911-53155; and

3. Approve the issuance of purchase order from West Coast Lights and Sirens, Inc. in a not-toexceed amount of $44,597.55 from Account No. 115-4911-53155; and

4. Authorize the City Manager to execute the required documents and approve any substitute orders due to limited availability, or unavailability of vehicles.

DISCUSSION
In November 2022, the Menifee Police Department (PD) had a Purchase Order (PO) No. 04355 in place to acquire five Ford vehicles from National Auto Fleet Group, Inc. in the not-to-exceed amount of $346,072.34. At the beginning of 2023, Ford canceled our order due to manufacturing constraints as a result of the COVID-19 pandemic. Staff is requesting that this PO be closed to release those funds and allow for the purchase of different vehicles.

Staff have researched the availability of off the lot vehicles to supplant the canceled order from National Auto Fleet. Five vehicles were located that can meet the needs of the PD. The vehicles will be purchased from Gosch Ford Temecula and are currently in stock and available for the notto-exceed amount of $271,227.94. In addition to the vehicle purchase the vehicles will need to be outfitted by West Coast Lights and Sirens, Inc. in the not-to-exceed amount of $8,919.51 per vehicle for a total of $44,597.55.

Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 258 of 1858 City of Menifee Staff Report
PD Replacement Vehicle Purchase
June 7, 2023

Page 2 of 3 ends

Table 1 – Proposed Vehicle Assignments
Unit Type Number of Units Locations
2023 Ford Explorer
Timberline
4 Lieutenant
2023 Ford Explorer
Timberline
1 Detective Bureau
TOTAL 5
Due to the limited stock of vehicles, these vehicles may no longer be available following City Council approval. Keeping the current market conditions in mind, staff is requesting authorization for the City Manager to approve substitute orders/order replacements at a cost of up to an additional $30,246.85, or approximately 9.5% to account for further pricing changes that may occur. The increase would only be used if the current quotes were no longer valid after City Council approval. Given the shortage of vehicles, the possibility of these vehicles not being available, and fluctuations of specific vehicle unit pricing, staff is requesting the City Manager be authorized to sign replacement quotes for the five vehicles with equivalent vehicles. The quotes attached to the Staff Report are provided for reference, but no guarantees can be made that these specific units would be available at the time of approval.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The current fiscal impact for this item is $315,825.49. This item is budgeted within the Fiscal Year 2022/2023 operating budget in Account No. 115-4911-53155 upon the closing and release of funds from PO No. 04355. The attached quotes are summarized in Table 2 below.

Table 2- Vehicle Quotes
Stock # Price #Upfitting Cost Total Cost Per Vehicle
F23050 $54,135.75 $8,919.51 $63,055.26
R230250 $54,679.50 $8,919.51 $63,599.01
R230293 $54,788.25 $8,919.51 $63,707.76
R230060 $54,135.75 $8,919.51 $63,055.26
F23123 $53,488.69 $8,919.51 $62,408.20
TOTAL $271,227.94 $44,597.55 $315,825.49
*The additional $30,246.85 (~9.5%) is budgeted for any price changes, for a total authorized amount of $346,072.34.

Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 259 of 1858 City of Menifee Staff Report
PD Replacement Vehicle Purchase
June 7, 2023

Page 3 of 3 ends

ATTACHMENTS

1. West Coast Light & Sirens - 13638

2. Gosch Ford Temecula - F23050

3. Gosch Ford Temecula - R230250

4. Gosch Ford Temecula - R230293

5. Gosch Ford Temecula - R230060

6. Gosch Ford Temecula - F23123
Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 260 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 261 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 262 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 263 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 264 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 265 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 266 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 267 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 268 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 269 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 270 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 271 of 1858 Item Title: 10.13
Police Department Replacement Vehicle Purchase
Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 272 of 1858

CITY OF MENIFEE
SUBJECT: Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project
MEETING DATE: June 7, 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 an increase to the Tribal Monitoring Agreement with the Pechanga Band of Luiseño Indians in a total not-to-exceed amount of $49,000 and authorize the City Manager to extend the agreement term through June 30, 2024, for the Holland Road Overpass Project, contingent on approval of Fiscal year 2023/2024 Budget adoption by City Council; and

2. Approve an increase to the Tribal Monitoring Agreement with the Soboba Band of Luiseño Indians in a total not-to-exceed amount of $54,000, for the Holland Road Overpass Project, contingent on approval of Fiscal year 2023/2024 Budget adoption by City Council.

DISCUSSION
The Holland Road Overpass Project involves the construction of a four-lane bridge that will include dedicated bike lanes, sidewalks, traffic signals, lighting, roadway signage, and striping. The Project is located on Holland Road between Haun Road and Hanover Road and will cross over Interstate 215.

In accordance with the Project’s mitigation measures required under the California Environmental Quality Act (CEQA), ground-disturbing activities performed on identified tribal land require the City to enter into tribal monitoring agreements to protect the impacted parties’ culturally sensitive materials that might be uncovered during grounddisturbing activities related to a project. Per the Agreements, the City is required to notify Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 273 of 1858 City of Menifee Staff Report
CIP 13-03 Tribal Monitoring Agreements Increase
June 7, 2023

Page 2 of 3 ends

impacted parties in advance of ground-disturbing activities so that a tribal monitor can be dispatched to the Project site. The City must pay the monitoring fees identified within the Agreements when a tribal monitor’s presence is required on the Project.

In late 2021, the City entered into separate agreements with the Pechanga Band of Luiseño Indians (Pechanga) and the Soboba Band of Luiseño Indians (Soboba) for the Project. Each of the agreements were previously administratively approved under the City Manager’s authority in a not-to-exceed amount of $24,000 for each Agreement. Project construction activities began in January 2023. Early in the construction phase, previously unidentified utilities were discovered during Project grading and excavation activities.

Addressing these utilities meant an increase in the amount of ground-disturbing activity required to occur for the Project. Due to these unforeseen circumstances, both agreements are quickly approaching their current not-to-exceed amounts.

Construction activity for the Project, including ground-disturbing activities requiring tribal monitoring, is anticipated to continue through winter 2023. In order to avoid delaying the Project timeline further, both Agreements’ not-to-exceed values must be increased.

Because the City is required to utilize external agreements provided by the impacted tribes, the existing Agreements do not identify not-to-exceed amounts. Instead, the notto-exceed values for these Agreements can be found in the attached Agreement/Contract Coversheet dated September 13, 2021, and prepared by the City’s Purchasing Department. Based on the activity to-date and identified hourly rates for tribal monitoring, staff recommend increasing the not-to-exceed value of the Agreement with Pechanga from $24,000 to $49,000 and the not-to-exceed value of the Agreement with Soboba from $24,000 to $54,000. The reason there is a difference in value, the Soboba’s hourly rates are higher than Pechanga’s.

Additionally, staff are proposing to extend the terms more than 60-days with Pechanga to June 30, 2024. The Agreement with Soboba does not identify a term end date. Pursuant to Menifee Municipal Code §3.12.090, any change orders in the amount greater than 10% of the contract amount or that exceeds $25,000 in value, and any time extension of a performance deadline that exceeds 60-days, shall be approved by the City Council. City Council approval is required as the increases to compensation and the term extension recommended exceed the City Manager’s signatory authority.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact for this item is an increase of $25,000 to the Pechanga Band of Luiseño Indians Agreement and an increase of $30,000 for the Soboba Band of Luiseño Indians Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 274 of 1858 City of Menifee Staff Report
CIP 13-03 Tribal Monitoring Agreements Increase
June 7, 2023

Page 3 of 3 ends

Agreement, for a combined total fiscal impact of $55,000. Funds are available within the current Fiscal Year 2022/2023 Budget, as outlined in Table 1 on the following page.

Table 1 – Project Funding
Fund Account Number Available Budget Amount
Requested
DIF Citywide – Circulation 526-4555-58021 $736,803 $55,000

ATTACHMENTS

1. Project Location Map

2. Agreement with the Pechanga Band of Luiseño Indians

3. Agreement with the Soboba Band of Luiseño Indians

4. Agreement/Contract Coversheet dated September 13, 2021 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 275 of 1858 215
Ajilwood Ct
Willowood Way
Blossomwood Ct
Fruitwood Dr
Antelope Rd
Sunwood Pl
Aspenwood Way
Hanover Ln
Green Fores t D
r
Albion Ln
Larchwood St
Haun Rd
Copyright nearmap 2015
215
Haun Rd
Holland Rd
La Piedra Rd
Menifee
Rd
Antelope Rd
Bradley Rd
Newport Rd
Project Site
0 0.06 0.12
MilesË
Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass Project (CIP 13-03)
Location Map
Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 4
Menifee Mayor and City Council June 7, 2023 Page 276 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 5
Menifee Mayor and City Council June 7, 2023 Page 277 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 6
Menifee Mayor and City Council June 7, 2023 Page 278 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 7
Menifee Mayor and City Council June 7, 2023 Page 279 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 8
Menifee Mayor and City Council June 7, 2023 Page 280 of 1858 DocuSign Envelope ID: 6F090D59-9248-4E25-878E-55EFB881A25C XVII. COUNTERPARTS
This Agreement may be signed in two or more counterparts and will be effective when all PAR TIES and signatories have affixed their signatures to two or more of the counterparts and said counterparts have been delivered to all PAR TIES, at which time the counterparts together will be deemed one original document.

Date: Date: 9/17/2021
Tribe: PECHANGA BAND OF LUISENO Developer: CITY OF MENIFEE By:

Its:

INDIANS
Mark Macarro
Tribal Chairman
Holland Road/I-215 Overpass, CIP 13-03
Cultural Resources Treatment&:

Tribal Monitoring Agreement
5 By:

Its:

Armando G. Villa
City Manager
Sarah A. Manwaring, City Clerk
Approved as to Form:

J ef&�'?f'Melching, City Attorney
Pechanga Band of Luisefio Indians
(Rev January 2021)
October 12, 2021
Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 9
Menifee Mayor and City Council June 7, 2023 Page 281 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 10
Menifee Mayor and City Council June 7, 2023 Page 282 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 11
Menifee Mayor and City Council June 7, 2023 Page 283 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 12
Menifee Mayor and City Council June 7, 2023 Page 284 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 285 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 286 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 287 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 288 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project
Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 289 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 290 of 1858 Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 19
Menifee Mayor and City Council June 7, 2023 Page 291 of 1858 * Please attached a second page for additional information to support this agreement.

CITY OF MENIFEE
Agreement/contract coversheet
DATE: September 13, 2021
TO: Armando G. Villa, City Manager
CC:

Agreement Routed/Approved by City Attorney: 9/13/2021 (Via email, attached)

FROM: Carlos Geronimo, Principal Engineer
Jennifer Hernandez, Management Analyst
Margarita Cornejo, Financial Services Manager
SUBJECT: Cultural Resources Treatment and Tribal Monitoring Agreements between the City of Menifee and Pechanga Band of Luiseno Indians and Soboba Band of Luiseno Indians related to CIP 13-03: Holland Road/I-215 Overpass Project (Excavation/Grading Components) IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY? Yes – Purchase of Commodities under $50,000 Professional Services under $25,000 Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services or construction contracts)
Public Works Contract for $45,000 or less
No – City Council authorized City Manager to sign (Council action attached) WHY IS THIS AGREEMENT/CONTRACT NEEDED?
CIP 13-03: Holland Road/I-215 Overpass Project will involve several phases of construction ultimately resulting in the construction of the much needed Holland Road Overpass Project. Initial construction efforts will involve excavation/grading activity. In compliance with environmental/historic preservation requirements the City Department Date Initials
Kristen Jensen, PW Financial Analyst
Nicolas Fidler, PW Director/City Engineer
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Assistant City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk

INSURANCE REQUIREMENTS

CATEGORY APPLICABLE NOT

APPLICABLE

WAIVED EXPIRATION
DATE
General Liability
Automobile Liability
Worker’s Compensation
Professional Liability
Other: Umbrella Liability
Other: ________________

APPROVED/REVIEWED BY RISK
MANAGEMENT (R. Cardenas, Deputy Human
Resources Director ):

DocuSign Envelope ID: 6F090D59-9248-4E25-878E-55EFB881A25C 9/14/2021
9/14/2021
9/14/2021
9/15/2021
9/16/2021
9/20/2021
Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 20
Menifee Mayor and City Council June 7, 2023 Page 292 of 1858 2 has reached out to both the Pechanga Band of Luiseno Indians and Soboba Band of Luiseno Indians to consult the tribes interest/role during the construction of the project. Both tribes have advised and responded with proposed Cultural Resources Treatment and Tribal Monitoring Agreements. Through these agreements representatives from both tribes shall provide on site monitoring services to identify any culturally significant artifects during the excavation/grading process. Excavation/grading is anticipated to last approximately one one month, in intermittently steps.

The two (2) separate agreements, but related agreements, provide for Cultural Resources Treatment and Tribal Monitoring Agreement from both the Pechanga and Soboba Tribes.

WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the project (CIP 13-03) Constuction period estimated to start summer 2022 and conclude fall 2023 (approximately 1 year)
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $24,000 (Not-to-Exceed Amount). Billing will occur per the agreements’ hourly rates of:
- Pechanga - $75 to $150 per hour
- Soboba- $85 to $180 per hour
HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
N/A (Soboba and Pechanga tribes)
Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City $5,000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager $45,000 - $174,999 – Informal Bidding Process Over $25,000 – City Council Approval Over $175,000 – Formal Bidding Required
WHERE ARE THE FUNDS COMING FROM?
Project budget
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 320-4555-58021 (CIP 13-03: Holland Road/I-215 Overpass Project) IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? As of 9/13/2021 Account #320-4555-58021 has a balance of $902,291.22 on FY 20/21 (See attached Eden Report).

The project budget is eligible to roll over to FY 21/22, as it is an active CIP Project underway.

Final CIP budget carryover will be presented for Council approval in September 2021.

ATTACHMENTS - CONTRACT/AMENDMENT
- CERTIFICATES OF INSURANCE (N/A)
- EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
DocuSign Envelope ID: 6F090D59-9248-4E25-878E-55EFB881A25C Correction::Available balance $1,912,250.61 per Expenditure Status Report attached Item Title: 10.14
Agreement Increase with Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for Tribal Monitoring for the Holland Road Overpass Project Item Page Number: 21
Menifee Mayor and City Council June 7, 2023 Page 293 of 1858

CITY OF MENIFEE
SUBJECT: Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project
MEETING DATE: June 7, 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. Authorize the City Manager, or their designee, to execute necessary documents and issue payment in a total amount not-to-exceed $37,036 to the State Water Resources Control Board for the application fee required to obtain the 401 Clean Water Act Permit for the Bradley Road Bridge over Salt Creek Project.

DISCUSSION
The Bradley Road Bridge over Salt Creek project (Project), Capital Improvement Project (CIP) No. 13-04, proposes to replace the existing low-flow crossing of Bradley Road at Salt Creek with a 335 foot-long by 64-foot-wide all-weather bridge to accommodate the conveyance of 100-year flood flows. Additional improvements to Bradley Road to the north and south of the proposed bridge would include grading changes to support ramps on either side of the proposed bridge abutments. The Project area includes the segment of Bradley Road located just north of the Rio Vista Drive intersection and continues to just south of the Potomac Drive intersection.

The proposed Project would result in permanent impacts to approximately 0.21 acre of ephemeral, non-wetland waters due to the construction of the aggregate-base access ramps, bridge abutments, and rock slope protection needed to support and stabilize the bridge. Additionally, the Project would result in temporary impacts to approximately 0.80 acre of ephemeral, non-wetland waters to allow construction-related access within Salt Creek and to relocate an existing Sothern California Gas Company natural gas utility line.

Because of these identified impacts to the Salt Creek Channel, the Project must comply with California regulations and environmental mitigation requirements set forth by the Clean Water Act. The City’s consultant, Dudek, would assist with completion of the Discharges of Dredged or Fill Material to Waters of the State application and submission of the required fees to the State Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 1
Menifee Mayor and City Council June 7, 2023 Page 294 of 1858 City of Menifee Staff Report
CIP 13-04 CWA Permit Fees
June 7, 2023

Page 2 of 2 ends

Water Resources Control Board (SWRCB) in order to obtain the necessary 401 Clean Water Act permit for the Project.

The Project previously obtained a permit from the SWRCB in March of 2020, but the permit expired due to project inactivity caused by the City not having the available funds to begin construction of the project. The City now has adequate funding to begin the construction phase of work and is required to re-apply to obtain the required permit before beginning activity.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The payment of the SWRCB permit application fee would not adjust the overall CIP 13-04 budget.

Funding for the permit application fees in an amount not to exceed $37,036 has been identified in Fiscal Year 2022/2023 budget, as outlined in Table 1 below.

Table 1 – Project Funding
Fund Project Account
Number
Available
Budget
SWRCB
Permit Fees
DIF Citywide –
Circulation
Bradley Road Bridge
over Salt Creek
526-4555-58000 $3,864,349 $37,036

ATTACHMENTS

1. Project Location Map

2. State Water Resources Control Board Application & Fee Calculator Form Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 2
Menifee Mayor and City Council June 7, 2023 Page 295 of 1858 Rio Vista Dr
Potomac Dr
V
i
a
Na
ravi
l
la
Bradley Rd
Reading Rd
T
e
rrytown Rd
Pinckney Way
215
Haun Rd
Sun City Blvd
Cherry Hills Blvd
Pebble Beach Dr
La Piedra Rd
Murrieta Rd
Antelope
Rd
Bradle
y
Rd
Newport Rd
Project Site
0 0.03 0.05
Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\BradleyBridge\BradleyBridge\BradleyBridge.aprx Date: 4/6/2022 Bradley Bridge over Salt Creek (CIP 13-04)
Project Location Map
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 3
Menifee Mayor and City Council June 7, 2023 Page 296 of 1858 Application: Discharges of Dredged or Fill Material to Waters of the State The State Water Resource Control Board (State Board) or Regional Water Quality Control Boards (collectively, Water Boards) have the authority to regulate the discharge of dredged or fill material under section 401 of the Clean Water Act (CWA) and the Porter-Cologne Water Quality Control Act (Porter-Cologne). Dischargers that obtain a federal permit or license that authorizes impacts to waters of the U.S. (i.e., waters that are within federal jurisdiction), such as section 404 of the CWA and section 10 of the Safe Rivers and Harbors Act, must obtain certification from the Water Boards to ensure that the discharge does not violate state water quality standards or any other appropriate requirement of State law. When a discharge is proposed to waters outside of federal jurisdiction, the Water Boards regulate the discharge under Porter-Cologne through the issuance of Waste Discharge Requirements (WDRs). CWA section 401 Water Quality Certifications, WDRs, and waivers of WDRs are referred to as orders or permits.

The State Wetland Definition and Procedures for the Regulation of Discharges of Dredged or Fill Material to Waters of the State (Procedures) and the California Code of Regulations, title 23, section 3856 identify items that are required for a complete application in all cases. Additionally, the Procedures identify items that may be required for a complete application on a case-by-case or conditional basis. The State Water Board webpage links to the Procedures (https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/procedures_conformed.pdf).

Water Board staff will review an application within 30 days of receipt and provide a completeness determination to the applicant. A completeness determination may include a request for additional information for a complete application. Application fees must be paid before an application is determined complete. See Application Section Thirteen for options on how to make a payment.

For more information on how applications will be processed, refer to the Implementation Guidance for the Procedures
(https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/dredge_fill/revised_guidance. pdf).

This application form outlines a broad range of items that may be required; however, as noted above, not all items are required in all cases. Use of this form is not required. Applicants may submit information that was submitted for a different federal or state permit to reduce duplicative submittals.

In such cases, applicants should use the text boxes in this form to indicate the name, relevant section, and page number where relevant information is located. Finally, the level of detail submitted with this application should be commensurate with the size and the scope of the proposed discharge.

Applicants are encouraged to contact the appropriate Water Board to discuss the applicability of this application form, items required for a complete application, and/or the appropriate level of detail needed to obtain authorizations.

Applications for projects that cross regional board boundaries should be submitted to the State Board.

All other applications should be submitted to the appropriate regional water quality control board.

A staff directory for the Water Board’s Water Quality Certification Program is located on the program webpage (https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/wqc_staffdir.pdf).

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 4
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STOP: If you answer ‘yes’ to any of the following questions, do not complete this application. Instead, please contact the State Water Board’s Division of Water Rights to obtain a copy of their water quality certification application:
 Does the project require a Federal Energy Regulatory Commission (FERC) license or amendment to a FERC license?
 Does this project involve an appropriation of water?
 Does this project involve a diversion of water for domestic, irrigation, power, municipal, industrial, or other beneficial use?
Section One: Contact Information
Review Section Twelve Legally Responsible Person (LRP) eligibility and signature requirements before completing this application.

Applicant (Organization and Legally Responsible Person) Information Organization Name: City of Menifee
LRP Name: Carlos Geronimo
Title: Principal Engineer
Street Address: 29844 Haun Road
City: Menifee
State: California
County: Riverside
Zip Code: 92586
Telephone: 951-723-3722
Email: [email protected]
The LRP may assign a Duly Authorized Representative (DAR) to make decisions on their behalf and provide application information. If a DAR is assigned to this project, provide the assigned person’s contact information below and assign the DAR in Section Twelve.

Duly Authorized Representative Information (Optional)
Organization Name: Dudek
DAR Name: Tricia Wotipka
Title: Senior Wetlands Permitting Specialist
Street Address: 2280 Historic Decatur Road, Suite 200
City: San Diego
State: California
County: San Diego
Zip Code: 92106
Telephone: 760-479-4295
Email: [email protected]
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 5
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Section Two: Project Information
Project Name or Title: Project Name should match all other agency permits and correspondence Bradley Road Bridge Project
Project Street Address: Provide the project’s physical location, not the mailing address Bradley Road between Potomac Drive and Rio Vista Drive (See Figures 1 – 3) City: Menifee
State: California
County: Riverside
Zip Code: 92586
Latitude: 33.6925
Longitude: -117.188611
Assessor’s Parcel Number(s): 336-191-003; 336-191-002; 336-191-001; 336-190-008; 336- 170-001; 336-281-006; 336-281-001; 336-170-002; 338-090- 022; 338-131-001; 338-132-024; 338-132-023; 338-150-029; and 338-090-007
Section, Township, Range: Sections 33 and 34 of Township 5 South and Range 3 West of the Romoland 7.5-minute U.S. Geological Survey (USGS)
quadrangle map
Directions to the Project Site:

From the Santa Ana RWQCB office: Take CA-91 East/State Highway 91 East and merge onto CA60 East toward I-215 South. Take McCall Boulevard exit and turn left onto Bradley Road. Drive south on Bradley Road approximately 1.8 miles to the project site.

Project Purpose and Overall Goal of Entire Activity:

Salt Creek is a wide, shallow, east-to-west trending flood control channel that directly discharges into Canyon Lake, an artificial freshwater lake located in the community of Canyon Lake off site and downstream of the proposed project. Additionally, Salt Creek was designed with steep, engineered channel banks and, in most areas along its length, is maintained for flood control purposes by the Riverside County Flood Control and Water Conservation District (District). Salt Creek was originally channelized and engineered to contain a 100-year storm event and reduce flooding; however, due to the lack of periodic maintenance and continuous sediment transport over the years, there are some areas along the creek that are no longer capable of maintaining 100-year flows within the channel banks.

Bradley Road crosses Salt Creek in a north-to-south direction, generally at equal elevation to Salt Creek. Due to this design characterization, Bradley Road is prone to flooding during rain events, which has historically presented hazards to motorists and resulted in the closure of the roadway.

The City of Menifee (Applicant) is proposing to replace this low-flow crossing with an all-weather crossing (bridge), effectively raising the roadway out of the floodplain.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 6
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Project Description: Provide a full, technically accurate description of the entire project.

The Bradley Road Bridge Project (project) site is located in the City of Menifee, Riverside County, California (Figure 1; all figures are provided in Attachment C). The project site is located on the USGS Romoland 7.5- minute quadrangle; Sections 33 and 34 of Township 5 South, Range 3 West (Figure 2). The approximate geographic center of the site is 117°11′19″W, 33°41′33″N. This segment of Bradley Road is located between Potomac Drive to the north and Rio Vista Drive to the south, though the limits of work would extend beyond these streets, as shown on Figure 3.

Per a review of on-line data sources, the USGS National Hydrography Dataset (NHD) maps a “Canal/Ditch” feature (i.e., “blue-line stream”) and the U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) map “Freshwater Emergent Wetland” features and a “Riverine” feature, representing Salt Creek, through the center of the project site (USGS 2023; USFWS 2023). Per USGS NHD, Salt Creek within the project site continues west and drains into Canyon Lake. Flows from Canyon Lake continue into the San Jacinto River which drains into the Santa Ana River and eventually flows into Lake Elsinore (USGS 2023).

The proposed project would replace the existing low-flow crossing of Bradley Road at Salt Creek with a 335 foot-long by 64-foot-wide all-weather bridge to allow the conveyance of 100-year flows. The bridge would have a 12-foot median, two 12-foot travel lanes (one in each direction), 6-foot-10-inch shoulders on both sides, and 6-foot pedestrian sidewalks on both sides with metal railings. The bridge would consist of a threespan, cast-in-place, post-tensioned concrete box girders supported by two intermediate piers consisting of three columns each (six columns total), and two open-ended abutments. The two bridge abutments would be constructed north of the Rio Vista Drive intersection and south of the Potomac Drive intersection. The existing dual pipe culvert conveying flows from Salt Creek beneath Bradley Road would be removed. The bridge would be raised approximately 14 feet above Salt Creek at its highest point. Shielded, downwardfacing lighting would be installed along the entire length of the bridge. Improvements to Bradley Road to the north and south of the proposed bridge would entail grade changes to ramp up/down to the proposed bridge abutments, including reconstruction of portions of neighboring private properties. Other project components include relocating an existing Southern California Gas Company natural gas line from within Bradley Road to a point just outside of the existing road footprint, within the bridge impact area; removing two existing barbed wire fences by hand using hand tools within the southern portion of Salt Creek to the east and west of Bradley Road; reconstructing the existing paved Class I bike path, herein referred to as the Salt Creek Trail, roadway approaches, and crossing of Bradley Road; and installing two permanent aggregate-based access ramps on the south side of Salt Creek, within the bridge footprint, in order to provide District staff long-term access to Salt Creek for future flood control maintenance purposes.

Construction is estimated to last approximately 18 months starting February 1, 2025. The potential construction phases and equipment that will be utilized is outlined in Table 1 below. During construction, Bradley Road would be shut down within the project limits and traffic would be detoured away from the work area.

Table 1. Estimated Project Construction Phasing
Construction Phase and Duration Potential Equipment
Grubbing/Land Clearing, 5 days 1 crawler tactor, 2 excavators Grading/Excavation, 4 months 2 or 3 loaders, 2 compactors, road grader, trucks Bridge Construction, 9 months Cranes, bidwell machine, drills, vibrators, saws, air compressors, trucks (pick up, flat bed), concrete trucks
Drainage/Utilities/Subgrade, 5
months
Road grader, loader, backhoe, skid steer, saws, air compressors, trucks, nail guns
Paving, 10 days Paving machine, 2 steel drum rollers, rubber tire roller, sweeper, trucks

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 7
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Project Size: Total size of the entire project area for all work/activities/construction that will be performed to meet the final goal: 4.23 acres
Is this a linear project (for example a powerline, pipeline, highway, etc.)? Yes No If yes, indicate length of project from end-to-end in feet: 1,078 feet Anticipated Project Start and End Dates:

Construction Start Date: 2/3/2025
Construction End Date: 12/31/2026
Estimated Construction Duration: 18 to 22 months
Will any ground disturbance take place during the wet season months? Yes No
Additional Information: Additional information may include documentation relevant to preapplication consultations which may help inform application processing.

The Santa Ana Regional Water Quality Control Board (RWQCB) issued Section 401 Water Quality Certification for the Project on March 27, 2020 under (SARWQCB WDID #332019-10). This certification authorized the same project as described in the current request for Water Quality Certification with the exception of the following. Since the prior authorization was issued in 2020, the project witnessed a minor design modification in order to ensure District staff had long-erm access to Salt Creek for maintenance and management purposes. As a result, the project now includes the installation of two permanent aggregatebased access ramps on the south side of Salt Creek in order to provide District long-term access to Salt Creek for future maintenance. Construction of the two access ramps would incur additional, minimal impacts to ephemeral, non-wetland waters of the United States and state totaling 0.01 acre. The Applicant’s mitigation proposal has also changed to account for uncertainties and possible credit unavailability at the Riverpark Mitigation Bank, which was the Applicant’s preferred mitigation choice. However, since issuance of the original 401 certification, the demand for Riverpark Mitigation Bank credits has exceeded supply and the bank currently has more potential buyers of credits than what is anticipated to be released with Phase C.

There will be additional credit releases from other phases in the bank based upon achieving habitat reestablishment success criteria. The Bank Sponsor cannot at this time estimate when the IRT will authorize those releases. To account for this uncertainty we have presented an additional option to compensate for permanent impacts to waters of the state, as discussed in Section 11 of this application.

Please see the permitting package for documents referenced throughout this application regarding the proposed project (Attachments B through G).

In addition to responding to the questions above, provide a project map with a scale of at least 1:24000 (1” = 2000’) and of sufficient detail to show:
 The boundaries of the lands owned or to be utilized by the applicant in carrying out the proposed activity, including grading limits, proposed land uses, and the location, dimensions and type of any structures erected (if known) or to be erected.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 8
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 All aquatic resources that may qualify as waters of the state, within the boundaries of a project, and all aquatic resources that may qualify as waters of the state outside of the boundary of the project that could be impacted by the project.

A map verified by the Corps may satisfy this requirement if it includes all potential waters of the state.

Note that a map in electronic format (e.g., GIS shapefiles) may be required.

Section Three: Agency Contact Information
Attach copies of any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents or submitted application, if not finalized) associated with construction, operation, maintenance, or other actions relevant to the project. If a draft or final document is not available, a list of all remaining agency regulatory approvals being sought should be included. (CCR § 3856 (e).)
Federal Permit(s) or Completed Federal Applications
U.S. Army Corps of Engineers
Not Applicable
District: Los Angeles Sacramento San Francisco
Individual Permit
Letter of Permission
Which Nationwide Permit Number has been applied for, if any? Nationwide Permit 14 For Nationwide Permits, select one of the following: Non-Reporting, or Reporting Corps File No.

Regional General Permit / Number
Other Permit Name:

Corps Contact Information
Name: Miriam Yemane
Telephone: (213) 452-3411
Email: [email protected]
U.S. Fish and Wildlife Service
Not Applicable
Biological Assessment
Biological Opinion
Incidental Take Permit
U.S. Fish and Wildlife Contact Information
Name:

Telephone:

Email:

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National Marine Fisheries Service
Not Applicable
Biological Assessment
Biological Opinion
National Marine Fisheries Service Contact Information
Name:

Telephone:

Email:

Item Title: 10.15
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State Permit(s) or Completed State Application(s)
List permits for activities related to waters whether applied for or approved, e.g., California Department of Fish and Wildlife (CDFW) Lake or Streambed Alteration Agreement (Fish and Game Code sections 1600-1608), CESA section 2081 Incidental Take Permit, Construction Stormwater Enrollment, Coastal Development Permit, etc.

State or Local Agency Contact Information: Provide additional contacts, as needed Agency Name:

Contact Name:

Telephone:

Email:

Agency Name:

Contact Name:

Telephone:

Email:

State or Local Permit Number File Date Tracking
Number
CDFW Lake and Streambed Alteration Agreement
(Fish and Game Code section 1600)
Click or tap to
enter a date.

EPIMS
Notification
Number 40173
CDFW Incidental Take Permit (Fish and Game Code
section 2081)
Click or tap to
enter a date.

CDFW Consistency Determination (Fish and Game
Code section 2080)
Click or tap to
enter a date.

State Water Board Construction Stormwater General
Permit Enrollment
Click or tap to
enter a date.

California Coastal Commission (Development Permit) Click or tap to enter a date.

California Coastal Commission (Consistency
Determination)
Click or tap to
enter a date.

Bay Conservation and Development Commission
(Development Permit)
Click or tap to
enter a date.

Bay Conservation and Development Commission
(Consistency Determination)
Click or tap to
enter a date.

Central Valley Flood Protection Board Click or tap to
enter a date.

Other: Click or tap to
enter a date.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 11
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Section Four: Special Status Species
If known, provide information about the presence of species identified as rare, threatened, or endangered under state or federal law. Attach all biological assessments, surveys, formal consultation determination letters, and mitigation proposals, as applicable.

Are you aware of any rare, threatened, or endangered species at this site? Yes No Species Habitat
and/or Name
Biological
Assessment
Prepared?
Survey Conducted?
(Yes/No)
Dates Survey
Conducted
Yes No Yes No Click or tap to enter
survey date.

Yes No Yes No Click or tap to enter
survey date.

Was the project planned in accordance with an approved Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP)? Yes No
If yes, list the HCP or NCCP name: Western Riverside County Multiple Species Habitat Conservation Plan
Section Five: California Environmental Quality Act and/or National Environmental Policy Act Compliance
Unless an exemption applies, the Water Boards must comply with the California Environmental Quality Act (CEQA). Although not required for a complete application, final CEQA documentation must be provided to the Water Board with ample time to properly review before an Order may be issued. (CCR § 3856 (f).)
The Water Boards will determine whether a project qualifies for a CEQA exemption during review of the project information. Identify below if applicable the relevant categorical or statutory exemption number you believe applies.

If you do not know whether a CEQA exemption applies to the proposed project, submit the application with as much information as possible.

Document Type
Status
(In Preparation, Complete, or
Under Revision)
Date Completed or Expected
Completion Date
Scoping Document N/A N/A
Initial Study Completed (MND Section 3
{Initial Study Checklist}) 2/24/2017
Negative Declaration N/A N/A
Item Title: 10.15
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Does the project meet a statutory or categorical CEQA exemption? No
Yes, proposed statutory exemption number:

Yes, proposed categorical exemption number:

Section Six: Aquatic Resource Information
Attach any aquatic resource delineation reports and maps for all aquatic resources that may qualify as waters of the state, including those outside of federal jurisdiction. Water Board staff will verify the presence or absence of waters of the state outside of federal jurisdiction during the application review process. (CCR § 3856 (h)(7).) The Water Boards may require supplemental field data from the wet season to substantiate dry season delineations (Procedures section IV.A.2.a).

Aquatic Resource Delineation Report Information
Was an aquatic resource delineation report prepared? Yes No Report Title: An Aquatic Resource Delineation Report was not prepared for the proposed project; however, previous iterations of the project authorized by the RWQCB in 2020 and by the
Corps in 2021 processed a Preliminary Jurisdictional
Determination. The results of this delineation were more recently incorporated into the Natural Environmental Study (Minimal Impacts) for Bradley Road Bridge (NESMI).

Delineation Date(s): 10/22/2015; 8/12/2016; 7/25/2022
Name of Person who Prepared the
Report (Delineation):

Tricia Wotipka
Title of Person who Prepared the
Report (Delineation):

Senior Wetlands Permitting Specialist
Organization/Company who
Prepared the Report (Delineation):

Dudek

Notice of Preparation N/A N/A
Mitigated Negative
Declaration Completed 2/24/2017
Environmental
Document N/A N/A
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 13
Menifee Mayor and City Council June 7, 2023 Page 306 of 1858

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Was the report verified by the U.S. Army Corps of Engineers? Yes No If yes, enter verification date and submit a copy of the verification with this application:
9/16/2021
Are there waters outside of federal jurisdiction?
Yes No
Receiving waters and groundwater potentially impacted by any project are protected in accordance with the applicable water quality control plans (https://www.waterboards.ca.gov/plans_policies/#plans) (Basin Plans) for the regions and other plans and policies (http://www.waterboards.ca.gov/plans_policies). If known, list impacted hydrologic unit(s) in the impacted Regional Water Quality Control Board’s Basin Plan. The Basin Plans include water quality standards, which consist of existing and potential beneficial uses of waters of the state, water quality objectives to protect those uses, and the state and federal antidegradation policies.

The Lahontan Regional Water Quality Control Board prohibits discharge to lands within the Walker, Carson, Lake Tahoe, Little Truckee, and Truckee River Hydrologic Basins unless specific prohibition exemption criteria are met. For projects in this region, in addition to this application, complete the applicable prohibition criteria form for projects discharging to the Lake Tahoe Hydrologic Basin (https://www.waterboards.ca.gov/lahontan/water_issues/programs/clean_water_act_401/docs/att3.do c) or the Little Truckee or Truckee River
(https://www.waterboards.ca.gov/lahontan/water_issues/programs/clean_water_act_401/docs/att4.do c) Hydrologic Basins.

Hydrologic Information
Was the project developed in accordance with a watershed plan? Yes No If yes, what is the name of the watershed plan name? Attach the plan, or a link to the plan, if feasible: Western Riverside County Multiple Species Habitat Conservation Plan How many waterbodies would be impacted by the project activity? One (Salt Creek) If the project impacts more than one waterbody, attach the information below for each impacted waterbody; an excel spreadsheet or table may be used for projects with multiple impact sites.

Does the impacted waterbody have a name? Yes No
Name of the impacted waterbody; if unnamed, name of the nearest downstream named waterbody:

The name of the impacted waterbody is Salt Creek.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 14
Menifee Mayor and City Council June 7, 2023 Page 307 of 1858

Page 12 of 32 ends

Basin plan hydrologic unit(s), and if included in a basin plan, the hydrologic area and hydrologic subarea, if known:

The impacted feature is included in the Santa Ana Basin Plan. The project is within the Santa Ana Basin, the San Jacinto Hydrologic Unit, Perris Hydrologic Area, and the Menifee Hydrologic Subarea.

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 15
Menifee Mayor and City Council June 7, 2023 Page 308 of 1858

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Does the proposed project do any of the following?
Discharge to an Area of Special Biological Significance (ASBS), Marine Protected Area (MPA), or Outstanding National Resource Water (ONRW)?
Yes No
Discharge to a waterbody listed as impaired on the Clean Water Act 303(d) list?
Yes No
Discharge to a waterbody with a total maximum daily load (TMDL)? Yes No Section Seven: Impact Quantities and Classification
List temporary and permanent fill/excavation impacts to waters of the state according the aquatic resource type in the tables below. Round acres to at least the hundredth place (0.01); round cubic yards and linear feet to the nearest whole number.

Fill/Excavation Temporary Impacts
Lake/Reservoir
Acres
Cubic Yards
Linear Feet
Ocean/Bay/Estuary
Acres
Cubic Yards
Linear Feet
Riparian Zone
Acres
Cubic Yards
Linear Feet
Stream Channel
Acres 0.80
Cubic Yards N/A
Linear Feet 2,737
Vernal Pool
Acres
Cubic Yards
Linear Feet
Wetland
Acres
Cubic Yards
Linear Feet
Classification System Name (if
known):

Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979)
Classification(s): R6 – Riverine, Ephemeral
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 16
Menifee Mayor and City Council June 7, 2023 Page 309 of 1858

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Fill/Excavation Permanent Impacts
Lake/Reservoir
Acres
Cubic Yards
Linear Feet
Ocean/Bay/Estuary
Acres
Cubic Yards
Linear Feet
Riparian Zone
Acres
Cubic Yards
Linear Feet
Stream Channel
Acres 0.21
Cubic Yards 8,000
Linear Feet 735
Vernal Pool
Acres
Cubic Yards
Linear Feet
Wetland
Acres
Cubic Yards
Linear Feet
Classification System Name (if
known):

Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979)
Classification(s): R6 – Riverine, Ephemeral
Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 17
Menifee Mayor and City Council June 7, 2023 Page 310 of 1858

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List temporary and permanent dredge/extraction impacts to waters of the state according the aquatic resource type in the tables below. Round acres to at least the hundredth place (0.01); round cubic yards and linear feet to the nearest whole number.

Dredge/Extraction Temporary Impacts
Lake/Reservoir
Acres
Cubic Yards
Linear Feet
Ocean/Bay/Estuary
Acres
Cubic Yards
Linear Feet
Riparian Zone
Acres
Cubic Yards
Linear Feet
Stream Channel
Acres
Cubic Yards
Linear Feet
Vernal Pool
Acres
Cubic Yards
Linear Feet
Wetland
Acres
Cubic Yards
Linear Feet
Classification System Name (if
known):

Classification(s):

Item Title: 10.15
Clean Water Act Permit Application Fees - Bradley Road Bridge over Salt Creek Project Item Page Number: 18
Menifee Mayor and City Council June 7, 2023 Page 311 of 1858

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Menifee City CouncilJune 7, 2023

Menifee City Council
June 7, 2023