Agenda packet — Menifee City Council, June 21, 2023 (part 4 of 12)

Additionally, in FY 2021/2022 a MOU was executed, above and beyond the existing SBDC service Agreement, to offer the utilization of City Hall space, when available, to provide services locally at City Hall. SBDC currently operates at City Hall in available conference space, not disrupting existing City services, or conference space needs with staff, for private business consultations twice a month and no longer needs access to city office space for consulting needs, asides from conferencing room space, thereby no longer needing a MOU with the City for this use.

Staff is recommending approving the PSA with SBDC to continue to utilize and provide free services to Menifee businesses at the Menifee City Hall, and approving the biannual agreement for free direct services to businesses as part of the Menifee B3 Program.

STRATEGIC PLAN OBJECTIVE
Thriving Economy
Through the SBDC PSA, the City will assist Menifee businesses with locally offered business expansion and retention efforts.

FISCAL IMPACT
The current fiscal impact for this item is $27,000 for a two-year budget cycle. This item is currently budgeted within the proposed FY 2023/2024 and FY 2024/2025 Budget in Account No. 100-4350- 52800. Each party has the option to end the PSA at the end of each fiscal year with notification.

ATTACHMENTS

1. PSA - Small Business Development Center FY 2023-2025 Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
Item Page Number: 2
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 23/24 and FISCAL YEAR 24/25 INLAND EMPIRE SMALL BUSINESS

DEVELOPMENT CENTER (BUSINESS-RELATED TECHNICAL ASSISTANCE

SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and UNIVERSITY ENTERPRISES CORPORATION AT CSUSB for itself and on behalf of Inland Empire Small Business Development Center, 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, 2023 and shall end on June 30, 2025 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.
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Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
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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.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWENTY SEVEN THOUSAND DOLLARS AND ZERO CENTS ($27,000.00) 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 for fiscal years 2023 through 2025, expended at $13,700 annually for two years. 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 quarterly 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 quarter invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
Item Page Number: 4
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Invoices shall be submitted to:

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

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

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
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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 against claims arising from bodily and personal injury, including death resulting therefrom, and Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
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damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or selfinsured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
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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 23/24 & 24/25 INLAND EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (BUSINESS-RELATED TECHNICAL ASSISTANCE 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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Item Page Number: 8
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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.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

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

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
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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 with the option to end this agreement at the end of the Fiscal Year.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City with the option to end this agreement at the end of the Fiscal Year.

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a 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.

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

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

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

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Paul Nolta (“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, Gina Gonzalez, Economic Development Director (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

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UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
Sponsored Programs Administration
Attn: Diane Trujillo
5500 UNIVERSITY PARKWAY
SAN BERNARDINO, CA 92407 Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Gina Gonzalez, Economic Development Director
with a copy to:

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

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

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

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

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Diane Trujillo, MPA
Director– Sponsored Programs Administration
Academic Research/ AR-111E
University Enterprises Corporation at CSUSB
Jeffrey T. Melching, City Attorney [Note: 2 officer’s signatures required if Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
Item Page Number: 17
Menifee Mayor and City Council June 21, 2023 Page 636 of 2227

EXHIBIT A

SCOPE OF SERVICES
City of Menifee
and
Inland Empire Small Business Development Center

SERVICES
The IESBDC will provide business and business-related technical assistance to residents and businesses of southwest Riverside County.

The Center's consultants will offer assistance in the following areas: business planning, loan proposals, finance, bookkeeping, taxes and licenses, marketing, management, human resources and governmental procurement procedures. This consultation will be provided 1 day every other week (24 times per year) in Menifee at a site arranged by the City of Menifee.

SEMINARS AND WORKSHOPS
The Center also will offer 4 seminars locally during the term of this agreement on businessrelated topics. The topics and fees to be charged for these seminars are to be determined in consultation with the City of Menifee.

MARKETING
SBDC will be responsible for marketing the consulting services, seminars, and workshops to the business community by means of fliers, press releases and presentations to business groups, such as service clubs and industrial councils. The SBDC will identify the City of Menifee as a co-sponsor of the program through literature and community presentations. City of Menifee will actively assist SBDC in the marketing and promotion of the program.

ACTIVITY REPORTS
CENTER will provide quarterly reports of activities, including:

1. Number of consultations

2. Type of assistance provided

3. Follow-up actions

4. Economic impact - job creation/retention, capital access, increase in sales.

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COMPENSATION
The City of Menifee will provide SBDC with $13,700 annually for two year in sponsorship for FY 23/24 & 24/25, for a total compensation of 27,000. In addition, the sponsor will receive:
• Company logo and information on bi-monthly training materials for counseling in the City of Menifee
• SBDC participation in sponsors outreach to local small businesses. If sponsor is a service provider, SBDC will provide materials to accompany theirs. • Website sponsorship: logo on sponsors' page with link to sponsor's website. Link should have relevance to small business.

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EXHIBIT A.

Item Title: 10.16 Agreement with Inland Empire Small Business Development Center for Business-Related Technical Assistance for Fiscal Years 2023-2025
Item Page Number: 20
Menifee Mayor and City Council June 21, 2023 Page 639 of 2227

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the Memorandum of Understanding (MOU) with County of Riverside, Riverside University Health System- Behavioral Health (RUHS-BH) for Homeless Outreach Services, in the not-to-exceed amount of $900,000 for Fiscal Years 2023-2028; and

2. Authorize the City Manager to approve change orders to the Purchase Order(s) to supplant general funds with grant funding as it becomes available.

DISCUSSION
The Menifee Police Department (PD) is continuing its partnership with Riverside University Health Services (RUHS) to provide homeless outreach services. This Memorandum of Understanding (MOU) would be facilitated by one full time Behavioral Health Specialist II (BHSII) and one full time Behavioral Health Specialist III (BHSIII). The RUHS staff will work in conjuncture with the Menifee PD’s Community Based Assessment Team (CBAT), and Homeless Liaison (HLO), and work out of the Menifee PD main station for 80 hours per week. Menifee PD will fund 60% of the BHSII and the BHSIII, and the remaining 40% will be funded by RUHS.

This partnership would strive to provide alternatives to those at risk of injury or death without appropriate mental health/substance use homeless services provided directly in the community in collaboration with local law enforcement. They will seek to engage hard to reach homeless who suffer from a serious mental illness and/or substance use disorder and link them to all available community resources in a coordinated and effective manner and collaborate with community agencies and provide immediate access to treatment and emergency shelter. This partnership also seeks to reduce jail incarcerations and involuntary behavioral health Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 640 of 2227 City of Menifee Staff Report
RUHS HOPE Team
June 21, 2023

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treatment/hospitalizations for individuals whose behavior is influenced by a mental health disorder/crisis and who are the subject of 9-1-1 calls.

By establishing this mutually beneficial team, the City of Menifee would benefit from the direct knowledge and experience of the Behavioral Health Specialist II and III regarding mental health and homeless resources.

This MOU would be in place from July 1, 2023 through June 30, 2028.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the MOU is $900,000. Table 1 below shows the funding breakdown per fiscal year. There are future fiscal year impacts associated with the approval of the agreement proposed above. Funding for the next two years for the proposed agreement will be funded from available funds within the proposed Fiscal Year (FY) 2023/2024 and FY 2024/2025 Budget, under Account No. 100-4911-52800 (Professional Services). Funding for future years will be incorporated into respective budgets.

If grant funding becomes available that will supplant general funds and be utilized first. No additional budget appropriation action(s) is required.

Table 1.

Fiscal Year Contract Amount
FY 2023/2024 $180,000
FY 2024/2025 $180,000
FY 2025/2026 $180,000
FY 2026/2027 $180,000
FY 2027/2028 $180,000
TOTAL $900,000

ATTACHMENTS

1. MOU- RUHS- Homeless Outreach FY 2023-2028

2. RUHS Exhibit A

3. RUHS Exhibit B

4. RUHS Exhibit C
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 2
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MEMORANDUM OF UNDERSTANDING

BETWEEN

COUNTY OF RIVERSIDE,

RIVERSIDE UNIVERSITY HEALTH SYSTEM-BEHAVIORAL HEALTH
AND

THE CITY OF MENIFEE

FOR HOMELESS OUTREACH SERVICES
THIS MEMORANDUM AGREEMENT (“MOU”) is entered into by and between the County of Riverside, Riverside University Health System-Behavioral Health (hereinafter “SUBRECIPIENT”) and the City of Menifee (hereinafter “GRANTEE”) and is based on the following representations and statements of purpose (collectively “Parties” and each a “Party”).

RECITALS
A. WHEREAS, the purpose and intent of this agreement is to allow Behavioral Health (BH) service staff to team with Law Enforcement to provide professional homeless outreach services in collaboration with Menifee Police Department (hereinafter “MPD”); and
B. WHEREAS, SUBRECIPIENT is qualified to provide homeless outreach BH service employees; and
C. WHEREAS, the MOU will serve as an understanding of the roles, responsibilities and services to be provided by GRANTEE and SUBRECIPIENT.

NOW, THEREFORE, the Participants mutually agree as follows:

I. SCOPE OF SERVICE
The purpose of this MOU between participants is to outline the roles and responsibilities of these agencies to provide homeless outreach services and crisis/triage mental health services as needed.

II. PROGRAM GOALS
A. Provide alternatives to those at risk of injury or death without appropriate mental health/substance use homeless services provided directly in the community in collaboration with local law enforcement.

B. Reduce jail incarcerations and involuntary behavioral health treatment/hospitalizations for individuals whose behavior is influenced by a mental health disorder/crisis and who are the subject of 9-1-1 calls.

C. Attempt to divert individuals with behavioral health (mental health and/or substance use) problems into appropriate community services and supports.

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D. Engage hard to reach homeless who suffer from a serious mental illness and/or substance use disorder and link them to all available SUBRECIPIENT and community resources in a coordinated and effective manner.

E. Collaborate with community agencies and provide immediate access to treatment and emergency shelter.

F. Decrease the amount of time that Law Enforcement spends on BH calls in the field.

G. Educate community agencies and partners about the warning signs of behavioral health risks to destigmatize receiving behavioral health services and increase accessibility to on-going services.

H. Support individuals and families with navigating mental health crisis while aiding and supporting in minimizing barriers to treatment and services.

I. Link individuals/families to community resources for immediate crisis services including access to one of the three Mental Health Urgent Cares within Riverside County.

J. Provide short term case management/follow up services focusing on linkage to ongoing services for BH treatment and housing.

III. LEVELS OF ACCOMPLISHMENT – GOALS AND PERFROMANCE

MEASURES
Subrecipient agrees to provide the following levels of program services:

Activity Total Units/Year
Activity#1 At least thirty (30) presumed LMI persons
LMI person is defined as a person having an income equal or less to than 80% of the area median income, and outlined in the following table, or persons presumed to be LMI in accordance with 24 C.F. R. § 570.208(2)(a).

Riverside County Area Median Income (FY 2023): $78,727
Family
Members
Extremely Low
Income Limits
(30% of Median)
Very Low Income
Limits (50% of
Median)
Low Income Limits
(80% of Median)
In
Household Annual Monthly Annual Monthly Annual Monthly
1 $18,500 $1,542 $30,800 $2,567 $49,300 $4,108
2 $21,150 $1,762 $35,200 $2,933 $56,350 $4,695
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
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3 $23,800 $1,983 $39,600 $3,300 $63,400 $5,283
4 $26,400 $2,200 $44,000 $3,667 $70,400 $5,866
5 $28,550 $2,379 $47,550 $3,962 $76,050 $6,337
6 $30,650 $2,554 $51,050 $4,254 $81,700 $6,808
7 $32,750 $2,729 $54,600 $4,550 $87,300 $7,275
8 $34,850 $2,904 $58,100 $4,841 $92,950 $7,745
IV. CARES ACT AND CORONAVIRUS (COVID-19)
CDBG-CV funds are funded through the United States Congress adopted Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), as adopted March 27, 2020, and therefore all funded activities must be CDBG-eligible activities that are carried out to prevent, prepare for, and respond to coronavirus on or after January 21, 2020.

RUHS-BH will provide direct assistance to homeless individuals, including but not limited to assistance in obtaining housing, helping address the importance of having appropriate social distancing/space to help mitigate the prevention and spread of COVID-19.

V. DUTIES AND RESSPONSIBLITES
A. SUBRECIPIENT RESPONSIBILITIES:

The responsibilities of SUBRECIPIENT under this Agreement are described in Section I of Exhibit A to this Agreement.

B. GRANTEE RESPONSIBILITIES:

The responsibilities of GRANTEE under this Agreement are described in Section II of Exhibit A of this Agreement.

VI. GENERAL COMPLIANCE
Subrecipient shall carry out the Services and operate the Program in conformity with all applicable Federal, state, and local laws, regulations, and rules of governmental agencies having jurisdiction, including without limitation, the CDBG Requirements (except that (1) Subrecipient does not assume the environmental responsibilities described in 24 C.F.R. § 570.604, and (2) Subrecipient does not assume the responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52) and the legal requirements set forth in Exhibit C attached to this Agreement and the statutes referenced therein, all provisions of the Municipal Code of the City of Menifee, and all federal and state fair labor standards, including the payment of prevailing wages and compliance with the Davis-Bacon Act. “CDBG Requirements” shall collectively refer to the requirements of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.) as amended from time to time, and the implementing regulations set forth in 24 C.F.R. §§ 570 et seq. as amended from time to time, and the requirements set forth and referred to in Exhibit C attached to this Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
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Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. In the case of any conflict between the CDBG Requirements and this Agreement, the CDBG Requirements shall control; it being understood, however, that in order to be in compliance with this Agreement and the CDBG Requirements, Subrecipient shall, to the extent possible, comply with the most restrictive provisions in this Agreement and the CDBG Requirements. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though all such provisions were included.

Subrecipient acknowledges and agrees that it shall be and remain, and shall cause Subrecipient personnel to be and remain, fully knowledgeable and apprised of all local, state and federal laws, rules, and regulations in any manner affecting the performance under this Agreement, including the CDBG Requirements. Subrecipient shall indemnify, protect, defend, and hold harmless Grantee and its officials, officers, employees, and agents, with counsel reasonably acceptable to Grantee, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) that results or arises in any way from any of the following:
(a) the noncompliance by Subrecipient of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state or federal prevailing wages and hire apprentices); (b) 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 (c) failure by Subrecipient 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. The foregoing indemnity shall survive termination or expiration of this Agreement. It is agreed by the parties that Subrecipient shall bear all risks of payment or nonpayment of prevailing wages under federal law and 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. “Increased costs,” as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time.

VII. FISCAL PROVISIONS
A. MAXIMUM AMOUNT AND SOURCE OF FUNDS
Total payment under this MOU will not exceed $180,000 annually thereafter for the program period, and shall automatically renew upon expiration for successive one (1) year periods unless terminated as provided herein as set forth in Exhibit B.

This MOU shall be funded through funds identified in the annual GRANTEE and SUBRECIPIENT budgets and is subject to change dependent on funding fluctuations.

B. COMPENSATION
SUBRECIPIENT shall bill GRANTEE for .60% of one (1) FTE Behavioral Health Specialist II (BHS II) and .60% of one (1) FTE Behavioral Health Specialist III (BHS III) positions.

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1. Salaries and Benefits
Salaries and benefits for the BHS II and BHS III positions shall be billed based on the actual cost of the filled position only.
a. Prior to July 1 of each year, SUBRECIPIENT shall notify GRANTEE of salaries and benefit cost changes.

C. REIMBURSEMENT / PAYMENT / COMPENSATION
SUBRECIPIENT shall compile all payments made by SUBRECIPIENT to fund the BHS II and BHS III by quarter and shall include them in the quarterly billing to be received by GRANTEE within forty-five (45) days following the end of the quarter in which the services were provided (i.e., First Quarter: July – September billing is due November 15th). If actuals are not available, an estimated billing may be submitted. Upon submission, GRANTEE will pay the estimated invoice and an adjustment will be made by SUBRECIPIENT on the subsequent quarter’s billing for the difference. GRANTEE will reimburse SUBRECIPIENT within thirty (30) days after receipt of the claim. Equipment purchased by either party will remain their property and shall be returned to them upon termination of this MOU. a. Subrecipient will not be held responsible for disallowed services by GRANTEES funding agency source.

VIII. GENERAL PROVISIONS
A. EFFECTIVE PERIOD
This MOU shall be effective for Five (5) years beginning on July 1, 2023 through Fiscal Year 2027/2028. This MOU may be renewed annually upon mutual consent by all parties (SUBRECIPIENT, and GRANTEE) and upon availability of funding.

B. ALTERATION OF TERMS AND ENTIRE AGREEMENT
The body of this MOU fully expresses all understanding of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this MOU, which is formally approved and executed by Participants.

C. AMENDMENTS
In the event that either party desires to amend the terms of this MOU, Participants will comply with the terms of this MOU until such time as the amendment is approved or formal action is taken by the County of Riverside Board of Supervisors and the City of GRANTEE’s City Council.

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D. TERMINATION
This MOU may be terminated by either party by giving thirty (30) days written notice by certified mail of intention to terminate, such period beginning upon receipt of notice, and may be terminated for cause, such as a willful and/or material breach of the MOU by either party by giving five (5) days written notice of intention to terminate by certified mail.

E. NOTICES
All notices, claims correspondence, reports, and/or statements authorized or required by this MOU shall be addressed as follows:

Riverside University Health System-Behavioral Health
Program Support Unit
4095 County Circle Drive
Riverside, CA 92503
City of Menifee
Police Department
29714 Haun Rd.

Menifee, CA. 92586
Attn: Christine Booker
Unless the persons or addressed are otherwise identified by notice given in the manner specified by this paragraph, all notices shall be deemed effective when they are reduced to writing and deposited in the United States mail, postage prepaid, and addressed as stated above. Any notices, correspondences, reports, and/or statements authorized or required by this MOU addressed in any other fashion, shall not be acceptable.

F. CONFIDENTIALITY
GRANTEE agrees to maintain the confidentiality of all mental health and/or substance use client information in accordance with all applicable Federal, State and local laws and regulations. GRANTEE will ensure that names, addresses, phone numbers, and any other individually identifiable information concerning mental health and/or substance use clients and the services they may be receiving are kept confidential. GRANTEE will not divulge any mental health and/or substance use client information to any unauthorized person.

Applicable Confidentiality Laws include, but may not be limited to, California Welfare & Institutions Code, Sections 5328 through 5330, inclusive, 45 CFR Section 205.50, 42 CFR-Chapter 1-Part 2. MPD shall require all its officers, employees, and agents providing services hereunder to acknowledge the Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 8
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understanding of an agreement to fully comply with, such confidentiality provisions.

GRANTEE shall indemnify and hold harmless SUBRECIPIENT, its officers, employees, and agents, from and against any and all loss, damage, liability, and expense arising from any disclosure of such records and information by GRANTEE, its officers, employees, or agents.

SUBRECIPIENT agrees to maintain the confidentiality of all criminal and law enforcement information in accordance with all applicable Federal, State and local laws and regulations. SUBRECIPIENT will ensure that names, addressed, phone numbers, and any other individually identifiable information to any unauthorized person.

SUBRECIPIENT shall maintain the confidentiality of all mental health and substance use health records that it maintains, receives, or sends to MPD. Records include, but may not be limited to, claims that include individual identifying client information, individually identifiable health records and information, and/or Management Information System records, SUBRECIPIENT shall have reasonable safeguards in place to prevent unauthorized access to records.

IX. MISCELLANEOUS PROVISIONS
A. SEVERABILITY
If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

B. HOLD HARMLESS-INDEPENDENT PARTNER
It is understood and agreed GRANTEE is an independent entity and that no relationship of employer-employee exists between the parties hereto. GRANTEE shall not be entitled to any benefits payable to employees of the County of Riverside or SUBRECIPIENT, including County Workers’ Compensation Benefits. SUBRECIPIENT is not required to make any deductions from the compensation payable to GRANTEE under the provisions of this MOU; and as an independent entity, GRANTEE hereby hold SUBRECIPIENT and/or the County of Riverside harmless from any and all claims that may be made against SUBRECIPIENT and/or the County of Riverside based upon any contention by any third party that an employer-employee relationship exists by reason of this MOU.

C. INSURANCE-INDEMNIFICATION
Each party hereto agrees to indemnify and hold harmless the other party, its agency, offices, agents and employees, free and harmless from any liability Item Title: 10.17
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whatsoever, including wrongful death, based or asserted upon any acts or omission of such Indemnifying Party, relating to or in any way connected with or arising from the accomplishment of the work by the Indemnifying Party.

Each party further agrees to protect, indemnify and defend at it expense including attorney fees, the other party, its agency officers, agents and employees in any legal action(s) or claim(s) based upon such alleged acts or omissions whether the subject action(s) or claim(s) are well-founded, properly filed or pleaded, or not commenced in a court of competent jurisdiction.

Without limiting such indemnification, each party shall maintain in force at all times during the performance of the MOU, insurance policies evidencing coverage during the entire term of the MOU as follows:

1. General liability insurance in the amount of not less than $1,000,000 per occurrence and aggregate.

2. Workers’ Compensation insurance in accordance with statutory requirements.

3. If motor vehicles are used pursuant to this MOU, not less than $1,000,000 combined single limit for damage to property and injury to persons.

D. RECORD RETENTION
GRANTEE agrees to retain all records pertaining to this MOU for a period of three years after termination of this MOU, or such federal and state provisions in effect.

If, at the end of three years, there is ongoing litigation or an audit involving those records, SUBRECIPIENT shall retain the original records until the resolution of such litigation or audit; GRANTEE shall retain copies of the records until the resolution of such litigation or audit.

E. JURISDICTION, VENUE, ATTORNEY’S FEES
This MOU is to be construed under the laws of the State of California. The parties agree to the jurisdiction and venue of the appropriate courts in the County of Riverside, State of California. Should action be brought to enforce or interpret the provisions of this MOU, the prevailing party shall be entitled to attorney's fees in addition to whatever other relief are granted.
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X. SIGNATORIES
SUBRECIPIENT and GRANTEE mutually agree to fully and faithfully perform all applications set forth in this MOU. Both parties agree to have their duly authorized signatories sign this MOU.

COUNTY ADDRESS: INFORMATION COPY:

County of Riverside County of Riverside
Board of Supervisors Riverside University Health System 4080 Lemon Street, 5th Floor Behavioral Health
Riverside, CA 92501 P.O. Box 7549
Riverside, CA 92503-7549
CITY OF MENIFEE: COUNTY OF RIVERSIDE:

Signed: ________________________ Signed: _______________________ By: Armando Villa By: Matthew Chang, Director
Title: City Manager RUHS – Behavioral Health
Date: __________________________ Date: _________________________ ATTEST: _______________________
City Clerk
Deputy: _________________________
City of Menifee
Address: 29714 Haun Rd.

Menifee, CA. 92586

CITY COUNSEL
Approved as to Form
BY: _______________________
City Attorney

COUNTY COUNSEL
Approved as to Form
BY: _______________________
Deputy County Counsel
Item Title: 10.17
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Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 650 of 2227 Exhibit A
A. RUHS-BH RESPONSIBILITIES
RUHS-BH will provide one (1) .60 FTE BHS II and one (1) .60 FTE BHS III to work with MPD.

MPD Assignments:

1. RUHS-BH staff will work directly with police officers on patrol and with police department administrators to bring direct knowledge and experience regarding BH resources.

2. All assigned RUHS-BH staff will be required to pass security background requirements as determined by MPD.

3. RUHS-BH will provide RUHS-BH staff with cell phones that have e-mail functionality.

4. RUHS-BH staff will attend MPD roll calls as requested in order to provide consultation and brief training as it is identified and requested by MPD.

5. RUHS-BH staff will work to find alternatives to divert BH consumers into mental health services and supports including emergency housing, hospitalization, outpatient mental health services and other mental health services.

6. RUHS-BH staff will provide alternatives to incarceration and arrest through referral and linkage to other community based mental health, substance use, and/or social services resources.

7. RUHS-BH staff will provide alternatives to mental health involuntary treatment through referral and linkage to other community based mental health and/or substance use and social services resources.

8. RUHS-BH staff will provide crisis intervention service planning for individuals with mental health issues who are frequently the subject of 9-1-1 calls.

9. RUHS-BH staff will work with police to provide direct intervention from the perspective of BH background and training.

10. RUHS-BH staff will provide engagement and outreach services to homeless mentally ill persons who come in contact with police officers.

11. RUHS-BH staff will provide assistance in dealing with calls involving homeless disturbances or violence that involve potential mentally ill or

CITY OF MENIFEE

HOMELESS OUTREACH SERVICES
FY 2022/2024
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Menifee Mayor and City Council June 21, 2023 Page 651 of 2227 substance use consumers. RUHS-BH staff will provide assistance and suppo1t to children and families in crisis, and linkage to appropriate community services.

12. RUHS-BH staff working within the Police Department will have computer and telephone access, RUHS-BH enrollment, and service contact information to utilize and assist enrolled clients coordinating on-going support from RUHSBH.

13. Police officers often go to locations where homeless persons congregate.

RUHS-BH staff, in coordination with MPD, will work with homeless people where they congregate in order to identify and engage persons that may be eligible for RUHS-BH services and/or to facilitate referrals and linkage to community resources that may assist general population and homeless persons.

RUHS-BH staff will coordinate follow-up outreach with RUHS-BH Crisis Intervention Teams and others as needed. RUHS-BH staff will work in the office to arrange social service suppo1ts and coordinate services with other agencies and programs.

14. RUHS-BH staff will coordinate with jail incarceration diversion teams and programs including mental health and drug courts to intervene and help to divert persons with a serious mental health disorder into appropriate and recommended mental health treatment services and supports, and persons with impairing substance use disorders into substance use treatment services and supports.

15. RUHS-BH staff may work directly with RUHS-BH Detention staff to coordinate mental health and/or substance use services and assist with issues involving inmates detained through MPD in post-booking, pre-trial diversion and linkage to community resources upon release from incarceration.

16. RUHS-BH staff may work with other mental health crisis response services involving 9-1-1 calls, such as training and support to ambulance emergency medical technicians and Menifee Fire Depaitment paramedics.

17. RUHS-BH staff will provide contact information and phone numbers for community resources and referral.

18. And other duties as agreed upon between both parties.

B. MENIFEE RESPONSIBILITIES
MPD
I. MPD will provide office space for RUHS-BH staff.

CITY OF MENIFEE

HOMELESS OUTREACH SERVICES
FY 2023/2024
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2. MPD will provide RUHS-BH staff general access into MPD Police Station as identified by MPD.

3. MPD will assign law enforcement personnel and RUHS-BH staff to respond to requests for assistance in the field.

4. MPD will conduct security background investigations for designated RUHSBH staff and maintain the confidential records of the investigations outcomes.

5. MPD shall provide standard external identification vests to RUHS-BH staff.

6. MPD will provide training, based on a curriculum developed and approved by RUHS-BH, regarding field operations and safety. MPD will reimburse RUHSBH for salary and benefit cost incurred for the positions of BHS II and BHS III.

7. And other duties as agreed upon between both parties.

CITY OF MENIFEE

HOMELESS OUTREACH SERVICES
FY 2023/2024
Item Title: 10.17
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EXHIBIT B

COMPENSATION
Compensation shall only be for salary and benefit costs associated with providing the Scope of Services defined in Exhibit A
Personnel Costs
Fiscal Year
FY 23-24
FY 24-25
FY 25-26
FY 26-27
$180,000
$180,000
$180,000
$180,000
Subtotal: $900,000

CITY OF MENIFEE

HOMELESS OUTREACH SERVICES
FY 2023/2024
FY 27-28 $180,000
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EXHIBIT C

SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Agreement. Subrecipient shall comply, and shall cause all Subrecipicnfs personnel to comply, with the following regulations and requirements insofar as they are applicable to the performance of the Agreement.'

1. Equal Opportunity and Nondiscrimination.
a. Title VI of the Civil Rights Act of 1964, as amended, including Public Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in pait that no person shall, on the grounds of race, color, or national origin be excluded f rom paiticipation in, be denied the
benefits ot: or be subjected to discrimination under any program or activity receiving federal financial assistance. In regard to the sale or lease of prope1ty, Subrecipient shall cause or require a covenant running with the land to be inse1ted in the deed and leases prohibiting discrimination under this Title. and providing that Grantee and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient shall enforce such covenant and shall not itself so discriminate.
b. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall be no discrimination in housing practices on the basis of race, color, religion, sex. and national origin. The Fair I lousing Act was amended in 1988 to provide protections f rom discrimination in
any aspect of the sale or rental of housing for families with children and persons with disabilities.

The rair Housing Act also establishes requirements for the design and construction of new rental or for-sale multi-family housing to ensure a minimum level of accessibility for persons with disabilities.
c. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794. This law provides in pait that no person on the grounds of race, color. national origin, sex. or religion shall be excluded from participation in. be denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with funds under this Title. d. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any grant under Section I 06 shall be made only if the grantee ce1tifies to the satisfaction of the Secretary of HUD that the grantee will, among other things, affirmatively further fair housing.

This exhibit is a list and summary of some of the applicable legal requirements and is not a complete list of all Subrecipient requirements. The description set forth next to a statute or regulation is a summary of certain provisions in the statute or regulation and is in no way intended to be a complete description or summary of the statute or regulation. In the event of any conflict between this summary and the requirements imposed by applicable laws. regulations, and requirements, the applicable laws, regulations, and requirements shall apply.

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Menifee Mayor and City Council June 21, 2023 Page 655 of 2227 e. Executive Order 11246, as amended. This order includes a requirement that grantees and subrecipients and their contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. f. Executive Order 11063, as amended, including 24 C.F.R. Part 107. This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color. religion. sex, or national origin in the use, occupancy. sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants, or contributions.
g. Section 504 of the Rehabilitation Act of 1973, as amended. This Act specifies in part that no otherwise qualified individual shall solely by reason of his or her disability or handicap be excluded f
rom pa1ticipation (including employment), denied program benefits. or subjected to discrimination under any program or activity receiving Federal assistance.

Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities. h. The Americans with Disabilities Act (ADA) of 1990, as amended. This Act prohibits discrimination on the basis of disability in employment by state and local governments and in places of public accommodation and commercial facilities. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that qualify as disabilities and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities.
i. The Age Discrimination Act of 1975, as amended. This law provides in r pa1t that no person shall be excluded f om pa1ticipation in, be denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal assistance.
j. EEO/AA Statement. Subrecipicnt shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Oppo1tunity or Affirmative Action employer.
k. Minority/Women Business Enterprise. Subrecipient will use its best effotts to afford small businesses and minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in the Agreement, the term --smal I business'' means a business that meets the criteria set f 01th in Section 3(a) of the Small Business Act. as amended ( 15 U.S.C. 632), and ·'minority and womenowned business enterprise'' means a business at least fifty-one percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition, ''minority group members.
. are A f
ro-Americans, Spanish-speaking, Spanish-surnamed or Span ish-hcritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

2. Environmental.
a. Air and Water. Subrecipient shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act. 42 U.S.C. 740 I. et seq.; Federal Water Pollution Control Act. as amended, 33 U.S.C. 1251. et seq., as amended, 1318 relating to inspection. monitoring, entry, repo1is, and information. as well as other requirements specified in said Section I 14 and Section 308, and all regulations and guide I ines issued thereunder; and the U.S. Environmental Protection regulations pursuant to 40 C.F.R. Part 50, as amended. b. Flood Disaster Protection Act of 1973. Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards. flood insurance under the National Flood Insurance Program is obtained and maintained. c. Lead-Based Paint. Subrecipient shall comply with the Lead-Based Paint Regulations referenced in 24 C.F.R. § 570.608. including 24 C.F.R. Part 35, et. al. d. Historic Preservation. Subrecipient shall comply with the historic preservation requirements set fotih in the National Historic Preservation Act of 1966. as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Pati 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties and related laws and Executive Orders, insofar as they apply to the performance of the Agreement. In general. this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state. or local historic prope1iy list.
e. Limitation on Activities Pending Clearance. In accordance with 24 C.F.R. § 58.22 entitled ·'Limitations on activities pending clearance. ·'neither a recipient nor any participant in the development process. including public or private nonprofit or for-profit entities, or any or their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § 58.1 (b) on an activity or project until HUD or the state has approved the recipient's Request for Release of Funds (RROF) and the related certifications have been approved. Neither a recipient nor any participant in the development process may commit non-HUD funds or undettake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives. Upon completion of environmental review or receipt of environmental clearance, Grantee shall notify Subrecipient. HUD funds shall not be utilized before this requirement is satisfied. The environmental review or violation of the provisions may result in approval, modification of cancellation of the City Grant. If a project or activity is exempt under 24 C.F.R. § 58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.f.R. § 58.35(b), no RROF is required and the recipient may unde1take the activity immediately after the Grantee has documented its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section by issuing a Notice to Proceed.

3. Uniform Administrative Requirements. The uniform administrative requirements described in 24 C.F.R. § 570.502.

4. Other Program Requirements. Subrecipient shall carry out each activity under the Agreement in accordance with all applicable federal laws and regulations described in Subpart K of 24 C.F.R. § 570 except for Grantee's environmental responsibilities under 24 C.F.R. § 570.604 and Grantee·s responsibility for initiating the review process under the provisions of24 C.F.R. Part 52.

5. Reversion of Assets. Upon the expiration of the Funding Period or sooner termination of the Agreement. Subrecipient shall transfer to Grantee (a) any and all CDBG Funds, (b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under the Agreement were used to acquire the equipment). Equipment not needed by Subrecipicnt for activities under the Agreement shall at the election of Grantee either be (a) transferred to Grantee for the CDBG program, or (b) retained by Subrecipient after compensating Grantee an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.

6. Relocation. Grantee shall not be responsible for relocating any occupants from any property. If required, Subrecipient shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 460 I et seq., as amended, and implementing regulations, and HUD Handbook 1378. Subrecipient shall indemnify, r defend, and hold Grantee harmless f om and against any claims, liabilities, damages, or losses made against it by tenants or occupants of any property, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Subrecipient pursuant to the provision of relocation assistance.

7. Allowable Costs and Audits. Subrecipient shall comply with and administer the Program in accordance with the requirements of The Office of Management and Budget (OMB)''Super Circular"' 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.

8. Records and Reports. Subrecipient shall provide to Grantee and shall cause each of its contractors. subcontractors, and subrecipients to provide to Grantee all records and reports relating to the Program that may be reasonably requested by Grantee in order to enable it to perform its record keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited to those described in the Agreement and 24 C.F.R. § 570.506.

9. Religious Organizations. If Subrecipient is a religious organization as defined by the CDBG Requirements, Subrecipient shall comply with all conditions prescribed by I IUD for the use of CDBG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. § 570.2000).

10. Conflict of Interest. Subrecipicnt wil I comply with 24 C .F.R. §§ 84.42, 85.36 and 570.611 regarding the avoidance of conflict of interest which provisions include (but are not limited to) the following:
i. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers. employees or agents engaged in the award and administration of contracts supported by Federal funds. ii. No employee, officer or agent of the Subrecipient shall pa1ticipatc in the selection. or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent. would be involved. 111. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds f
rom the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (I) year thereafter. For purposes of this paragraph, a ·'covered person'' includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

11. Political Activity (24 C.F.R. § 570.207(a)(3)). Subrecipient is prohibited f rom
using CDBG Funds to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as sponsoring candidate forums, distributing brochures, voter transportation, or voter registration.

12. Anti-Lobbying Certification. By its execution of the Agreement, Subrecipient hereby ce1ti fies that:
i. No Federal appropriated r unds have been paid or will be paid, by or on behalfof it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan. the entering into of any cooperative agreement, and the extension, continuation. renewal. amendment, or modification of any Federal contract, grant, loan. or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL. ·'Disclosure Form to Report Lobbying:' in accordance with its instructions. 111. It will require that the language of this ce1tification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts Item Title: 10.17
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This ce1tification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to tile the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. At the request of Grantee, Subrecipicnt shall execute a separate document that contains the certifications set forth above.

13. Drug-Free Workplace Requirements. Subrecipient shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
ii. Establishing an ongoing drug-fr
ee awareness program to inform employees
about: (a) the dangers of drug abuse in the work place; (b) the grantee·s policy of maintaining a drug-fr
ee workplace; (c) any available drug counseling,
rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 111. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i). iv. Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
v. Notifying the agency in wnt1ng, within ten ( 10) calendar days after receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (iv)(b ), with respect to any employee who is so convicted: (a) taking appropriate personnel action against such an employee. up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse Item Title: 10.17
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vii. Making a good faith effort to continue to maintain a drug-fr ee workplace
through implementation of paragraphs (i), (ii), (iii). (iv), (v), and (vi).

14. Procurement. Subrecipient will comply with the procurement standards under 24 C.F.R. § 85.36 for governmental subrecipients and 24 C.F.R. §§ 84.40-84.48 for subrecipients that are non-profit organizations. Subrecipient shall comply with all existing and future Grantee policies concerning the purchase of equipment.

15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968.

Subrecipient shall comply with and cause its contractors and subcontractors to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 170lu). the HUD regulations issued pursuant thereto at 24 C.F.R. Part 135, and any applicable rules and orders of HUD issued thereunder. The Section 3 clause, set forth in 24 C.F.R § 135.38 provides:
i. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 170 I u ("Section 3'"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by I IUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons. particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract ce1tify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 111. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any. a notice advising the labor organization or workers· representative of the contractor's commitments under this Section 3 clause. and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprcnticesh ip and training positions. the qua! ifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
iv. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Pait 135. The contractor will not subcontract with any subcontractor where the contractor has Item Title: 10.17
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Menifee Mayor and City Council June 21, 2023 Page 661 of 2227 notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Pait 135.
v. The contractor will certify that any vacant employment positions, including training positions, that are filled (I) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C .F .R.

Part 135 require employment oppo1tunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 135.
vi. Noncompliance with HUD"s regulations in 24 C.F.R Part 135 may result in sanctions, termination of th is contract for defau It, and debarment or suspension from future HUD assisted contracts.

Subrecipient shall abide by the Section 3 clause set forth above and will also cause this Section 3 clause to be inse1ted in all contracts relating to the Program. b. Labor Standards. Subrecipient shall comply with the provisions of 24 C.F.R. § 570.603 and related requirements. Subrecipient shall include in all applicable construction contracts the provisions of federal law imposing labor standards on federally assisted contracts. Subrecipient shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended (40 U.S.C. 3141 through 3148), the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. and implementing regulations). the Copeland Anti-Kick Back Act (40 U.S.C. 276c and I 8 U.S.C. 874 et seq.), the implementing regulations of the U.S. Depa1tment of Labor including 29 C.F.R. Parts I, 3, 5, 6 and 7, and all other applicable Federal. state and local laws and regulations pettaining to labor standards insofar as those acts apply to the performance of the Agreement. Subrecipient shall maintain documentation that demonstrates compliance with these provisions and such documentation shall be made available to Grantee and HUD for review upon request. Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
c. HUD Form 4010. Subrecipient shall comply and cause Subrecipient Personnel to comply with the provisions of HUD Form 4010 attached hereto. HUD Form 4010 must be included in the bid packet and construction contract and subcontracts for the Program.

A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the stte of the work. will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebaie on any account
( except such payroll deductions as are permitted l>y
regulattons issued by the Secretary of Lallor under the Copeland Act (29 CFR Part 3). the full amount of wages
and bona fide f11nge benefits (or c;ish equivalents thereof) due at ttme of payment computed at rates not less than
those contained in the wage determmatton of the
Secretary of Labor which Is atiached hereto and made a
pan hereof, regardless of any contractual relatIonshIp
which may Ile alleged to exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonal)ly anticipated for bona fide fnnge benefits under Secuon l(b)(2J of the Davis-Bacon Act on liehalf of laborers or mechanics are considered wages paid to such laborers or mecha111cs, sull1ect to the provisions of 29 CFR 5 5(a)(1 )(1v); also, regular contrtbutions made or costs incurred for more than a weekly period (but not less ofien than quarterly) under plans, funds. or programs. which
cover the particular weekly period are deemed to be
constructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropnate wage rate and fringe lienefns on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4) Laborers or mechanics performing work in more than one
c1assIflca11on may tie compensated at the rate specified for each classIficatIon for the ttme actually worked therein Provided, That the employer's payroll records accurately set forth the time spent 111 each classIficatIon in which work ,s performed The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a )(1 )(11) and the Davis-Bacon poster ('NH1321 J shall be posted at all times by the contractor and its subcontractors ai ihe site of the work 111 a prominent and accessible. place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which Is not listed in the wage determmation and which Is to be
employed under the contract shall be class1fled 111
conformance with the wage determ111a11on. HUD shall
approve an add111onaI classificat1on and wage rate and
fringe benefits therefor only when the followmg cri;e11a have Ileen met
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classIflca11on
requested is not performed by a classification m the wage determ111atIon: and
(2) The classification is utilized 111 the area by the
construction industry, and
(3) The proposed wage rate, includmg any bona ftde
fringe benefits. bears a reasonable relationship to the wage rates comained 111 the wage determination
(b) If the contractor and the laborers and mechanics 10 lie employed in the classIfIcatton (If known). or their
representatives. and HUD or its desIgnee agree on the
classification and wage rate (includmg the amount
designated for fringe henefits where appropriate). a report of the action taken shall be sent by HUD or its designee 10 the Administrator of the Wage and Hour Division.

Employment Standards Administration, U.S. Department of Lahor. Washington, DC. 20210. The Administrator, or an
authomed representative, will approve, modify. or
disapprove every addt11onaI classIfIcauon actton within 30 days of receipt and so advise HUD or its designee or will notify HUD or ns des,gnee within the 30-day period that addI11onaI 11me Is necessary. (Approved by the Office of Management and Budget under 0MB control number 1215-
0140 )
(c) In the event the contractor. the laborers or mechantcs to he employed m the classification or their
represent.it,ves. and HUD or its designee do not agree on the proposed classifIc3tion and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its desIgnee shall refer the questions. including the views of all interested parties and the recommendation of HUD or ,ts designee, to the Administrator for
determmatton. The Administrator, or an authorized
representative, will issue a determmatIon within 30 days of receipt and so advise HUD or ns designee or will notify HUD or its des1gnee wi1hm the 30-day period that
add111onaI ttme Is necessary. (Approved by the Office of .1anagement and Budget under 0MB Control Number
12tS-0140.)
(cl) The wage rate (including fringe !Jenefns where
approp11ate) determmed pursuant to subparagraphs
(1 )(Ii)(b) or (c) of this paragraph, shall be paid 10 all workers performing work in the classificauon under this contract from the first day on which work Is performed in the cIassIf1cation
(iii) Whenever the m111Imum wage rate prescribed 111 the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate. the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments 10 a trustee or other third person. the contractor may consider as part Previous edrtlOllS are obsolete
fom1 HUD-4010 (0612009)
ref Handbook 1344. 1
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 24
Menifee Mayor and City Council June 21, 2023 Page 663 of 2227 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in provIdIng bona fide fringe benefns under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Da-✓isBacon Act have l>een met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by 1he Office of Management and
Budget under 0MB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor w1thl1old or
cause to be withheld from the contractor under this
comract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract
subJec1 to Davis-Bacon prevailing wage requirements,
\'/hIch is held liy the same prime contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics. 111cluding
apprentices, trainees and helpers, employed l>Y the
contractor or any sul>contractor the full amount of wages required by the contract In the event of failure to pay any lat>orer or mechanic, including any apprentice, tramee or helper, employed or working on the sne of the work, all or part of the wages required by the contract. HUD or ils
des1gnee may, after written notice to the contrac1or,
sponsor, applicant, or owner, 1ake such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its desIgnee may, after
written notice to the contractor, disl>urse such amounts withheld for and on account of ihe contractor or
subcontractor to the respecuve employees to whom they
are due The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts

3. (i) Payrolls and basic records. Payrolls and basic
records relating ;hereto shall be ma1111ained by the
contractor during the course of the work preserved for a penod of three years thereafter ror all lal>orers and
mechanics workmg at the site of the work. Suen records
shall contain the name, address. and social security
number of each such worker. his or her correct
c1assIf1cat1on, hourly rates of wages paid (including rates of contnbutions or costs anticipated for bona fide fringe !lenehts or cash equivalents thereof of the types described in Sec1ion 1(1>)(2)(8) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid Whenever lhe Secretary of Lal>or has
found under 29 CFR 5 5 (a)(1 )(1v) that the wages of any laborer or mechanic 111clude the amount of any costs
reasonably anticipated 111 prov1dmg benefits under a plan or program described in Section l(b)(2J(B) of the DavisBacon Act, the comractor shall maintain records which show that the commitment 10 provide such lienefits is
enforceable, that the plan or program is fmancIally
responsible, and that the plan or program has been
PreVIOllS edruons are ol1soleie
communicated 111 writing to the laborers or mechanics
affected, and records which show the costs anticipated or !he actual cost incurred in providing such l>enefits.

Coniractors employing apprenuces or trainees under
approved programs shall mamtam wri1ten evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and 1he ratios and wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budge! under 0MB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) Tne contractor shall submit weekly for each week In which any contract work is performed a copy of all
payrolls 10 HUD or its designee if 1he agency is a party to the contract. but 1f the agency 1s 1101 such a party, the contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be. for transmission to HUD or 11s desIgnee. The payrolls submitted shall set out accura1ely and completely all of the mformation required to t>e ma1ma111ed under 29 CFR 5 5(a)(3)(1) except that full social security numbers and home addresses shall 1101 Ile included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of 1he employee s social security number). The required weekly payroll
111format1on may lie sul>mitted in any form desired.

Optional Form WH-347 1s available for 1h1s purpose from the Wage and Hour D1v1sio11 'Ne!> site at
nrtp.ltwww.r1o1 qovtesalwhrJ/formstwh3471/lstr.ntm or its successor site The pnme comractor is responsible for
the submission of copies of payrolls lly all subcontractors.

Contractors and subcontractors shall ma111tai11 1he full social security number and current address of each
covered worker, and shall provide them upon request 10
HUD or its designee 1f the agency is a party to the
contract, but if the agency 1s not such a party, the
coniractor will submit the payrolls to the applicant
sponsor. or owner, as the case may be, for transmission to HUD or us desig11ee the contractor. or the Wage and Hour D1vis1on of the Department of Lal>or for purposes of an I11vest1gat1011 or audn of compliance with prevailing wage requirements It is not a violation of this subparagraph for a prime contractor to require a subcontrac1or to provide addresses and social security numt>ers to the prime
contractor for its own records, without weekly sullmiss10n to HUD or its des1gnee (Approved by the Office of
Management and Budget under 0MB Control Number
1215-0149.)
(ll) Each payroll submitted shall Ile accompanied by a
·statement of Compliance,- signed by the contractor or
sul>contractor or his or her agent who pays or supervises 1he payme111 of the persons employed under the contract and shall cernfy the following:
(1) That the payroll for the payroll period contains the I11format1on required to be provided under 29 CFR 5.5
(a)(3)(11), the appropriaie informauon 1s being maintained under 29 CFR 5 5(a)(3)(I), and that such information 1s correct and complete,
fom1 HUD-4010 (06/2009)
ref Handbook 1 �44. 1
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 25
Menifee Mayor and City Council June 21, 2023 Page 664 of 2227 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permIss1ble deductions as set forth in 29 CFR Part 3.
(3) Thai each lal1orer or mechanic has been paid nm less than lhe applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as soec1fled in the applicable wage determination
incorporated into the contract
(c) The weekly sutimission of a properly executed
certification set forth on lhe reverse side of Optional Form WH-347 shall satisfy the requirement for sulin11ssion of the "Statement of Compliance" required by subparagraph
A.3 (1i)(b).
(cl) Tl1e falsIflcat1on or any of the above certificauons may subJect the contractor or subcontractor to civil or criminal prosecuuon under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3.(1) available for inspecuon copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such representauves to
interview employees dunng working hours on the job. If
the co111ractor or subcontractor fails 10 submit the required records or to mahe them avaIlal1le, HUD or Its designee may, after written notice to the contractor. sponsor
applicant or owner. take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5 12.

4. Apprentices and Trainees.
(i) AIiprentices. Apprentices wlll be permi!led to work at less than the predetermined rale for the work they
performed when ;hey are employed pursuant to and
individually registered 111 a bona fide apprenticeship
orogram registered with Ille U.S. Department of LalJOr
Employment and Trainmg Administration, Office of
Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the
Office. or Ir a person Is employed in his or her first 90 days of probauonary employment as an apprentice in such an apprenuceship program, who Is not individually
registered in the program, but who llas been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be elIgIIJ1e for probationary employment as an apprentice. The allowable ratio or apprentices to
Journeymen on the Job sile in any craft class1r1cation shall not be greater than the ratio permitted to the contractor as to the enure work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous edrtI011s are obsOlete
Is not registered or otherwise employed as stated above. shall IJe paid not less than the applicable wage rate on the wage determmauon for the classification or work actually performed In addition, any aporentIce performing work on the job site In excess of the ratio permitted under the registered program shall IJe paid not less than the
aoplicable wage rate on the wage determination for the
work acwally performed Where a contractor is perforn11ng construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed m percentages or the journeyman's hourly
rate) spec1fIed 111 the contractor's or subcontractor's registered program shall be oliserved Every aporentice
must be paid at not less than the raie specified 111 the registered program for the apprentice's level or progress, expressed as a percentage of the Journeymen hourly rate specified in ihe apphcable wage determmation.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fnnge benefits, aoprentices must be paid the full amount or fnnge benefits listed on the wage determination for lhe apphcal>le
classification. If the Administrator determines thal a
different practice prevails for ihe apphcable apprentice classification, fnnges shall be paid m accordance with that <1etermmat1on. In the event the Office of Apprenticeship Training. Employer and Lalior Services. or a Stale
Apprenticeship .'\gency recognized l>y the Office,
wI1hdraws approval of an apprenticeship program. the
contractor will no longer Ile permitted to utilize
appremices at less than the applicable predetermined rate for the work performed until an acceptable program 1s
.:ipproved.
(ii) Trainees. Except as provided in 29 CFR 5 16,
trainees will not be oermitied lo work at less than the predetermined rate for the work performed unless !hey are emoloyed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal ceruflcauon by the U.S Department of Labor,
Employment and Training Administration. The rauo of
trainees to Journeymen on the job site shall not lie greater than permitted under the plan approved by the
Employment and Training AdmmIstration. Every trainee
must Ile paid at not less than the rate specIfIed in the aoproved program for the trainee·s level or progress,
expressed as a percentage of the Journeyman hourly rate specified m the apphcable wage determination Trainees
shall be paid fringe benefits m accordance wiih the
provisions of the tra111ee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of frmge benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fnnge benefits for aoprentices. Any
employee listed on the payroll at a 1ramee rate who Is not registered and participating in a training plan approved by fom1 HUD-401 o (0612009)
ref HandlJOOI< t 344. 1
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 26
Menifee Mayor and City Council June 21, 2023 Page 665 of 2227 the Employment and Training Administrauon shall lie paid not less ihan the applicable wage rate on the wage
determination for the work actually performed. In addI11on. any trainee performing work on the joll site 111 excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the
event the Employment and Trammg Adm1111stration
withdraws approval of a trainIno program. the contractor will no longer I,e permiited to uulize trainees at less than the applicable predeternuned rate for the work performed until an acceptable program is approved
(iii) Equal employment 01,I,ortunity. The utiltzation of apprentices. trainees and journeymen under 29 CFR Part 5 shall Ile in conformity with ihe equal employment
opportunity requirements of Execuuve Order 11246, as
amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The
comractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will
insert 111 any subcontracts ihe clauses contained 111
subparagraphs 1 through 11 111 this paragraph A and such other cI,1uses as HUD or I1s des1gnee may lly appropriate mstrucuons require. and a copy of the applicable
prevailing wage decision, and also a clause requiring the subcontractors 10 mclude these clauses 111 any lower uer sullcomracts. The prime contractor shall Ile responsible for ihe compliance 1,y any sulicontractor or lower tier sullcornractor with all the contrac t clauses in this
paragraph.

7. Contract termination; debarment. A breach of the
contract clauses 111 29 CFR 5 5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided 111 29 CFR
:, 12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulmgs and 111terpre1ations or the Davis-Bacon and
Related Acts contained 111 29 CFR Parts 1, 3, and 5 are herein incorporated tiy reference in this contract

9. Dis1iutes concerning labor standards. Disputes
arismg out of the labor standards provisions of this
contract shall not 1,e subject 10 the general disputes
clause of this contrac t. Such disputes shall be resolved 111 accordance with the procedures of the Department of
LalJor set forth in 29 CFR Pans 5, 6. Jnd 7 Disputes
within the meaning of this clause include disputes between the contractor (or any of 11s subcontractors) and HUD or 11s desIgnee. the u S Department of Labor or the
employees or their representatives

10. (i) Certification of Eligibility. By entering into this contract the contractor cerufles that neither It (nor he or she) nor any person or firm who has an interest in the
contractor s firm Is a person or firm Inehg11Jle to be
awarded Government contracts lly virtue of Section 3(3) of the Davis-Bacon Act or 29 CFR 5.12(a){1) or 10 be
Previous edmons are obsotete
awarded HUD contracis or participate 111 HUD programs
pursuant to 24 CFR Part 24
Iii) No part of this contract shall be subcontracted 10 any person or firm ineligible for award of a Government
contract l>Y virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a){1) or to be awarded HUD contracts or
participate 111 HUD programs pursuant to 24 CFR Part 24 (iii) The penalty ror making false statements is prescribed 111 the U.S. Criminal Code, 18 U.S C. 1001. Add111onally, U.S. Crim111al Code, Secuon 1 01 0. TIiie 18, U.S.C .
"Federal Housing Administration transactions", provides in part ·whoever, for the purpose of . . influencing 111 any way the action of such Administration. makes, utters or publishes any statement knowing the same to be false.
shall be f111ed not more than S5,000 or imprisoned not
more than two years. or both "

11. Complaints. Proceedings, or Testimony by
Employees. No laborer or mechanic 10 whom the wage,
salary. or other labor standards provisions of this Contract are apphcallle shall be discharged or 1 11 any other manner d1scrim111ated against by the Contractor or any
su1,contrac1or because such employee has filed any
complaint or instituted or caused to Ile ins111uted any proceeding or has testified or is about 10 testify in any proceeding under or relating to the labor standards
applicable under this Contract 10 his employer
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applica1,Ie where the amount of the pome contract exceeds S100,000. As used in this paragraph, the 1em1s "laborers· and "mechanics· include watchmen and guards (1) Overtime requirements. No contractor or sul,contractor contracang for any part of the contract l',ork which may require or mVOlve the employment of laborers or mechanics Shall require or pemllt any such laborer or mech3nic in any workweek 111 wt11ch the 111d1vidual Is employed on such work to work 111 excess of 40 hours in sueh workweek unless such laborer or mechalllC receives con1pensa:ion a, a rate not less than one and one-half t11nes the basic rme of pay for all hOurs worked in excess of 40 hours 111 such 1•.urkweek
(2) Violation: liability for unpaid wages; liquidated
clamaoes. In 1he event of any violat1on of the clause set forth 111 subparagraph (1} of this paragraph, the contractor and any subcontractor responsible therefor shall Ile liable for the unpaid wages In addI11on, such contractor and
subcontractor shall l>e lIa!>le to the United States (in the case of work done under contract for the District of
Columbia or a territory, 10 such District or to such
territory}, for liquidated damages Such liquidated
damages shall be computed with respect to each individual lat,orer or mecharnc. including watchmen and guards,
employed in violation of the clause set forth in
subparagraph ( 1 J of this paragraph, in the sum of $10 for each calendar day on M1ich such indlvidual was required or pem1itted to •.•.urk in excess of the standard workweek of 40 hours 1•,1th0ut payment of the 0Vertime wages required by the clause set forth m su1, para9raph (1) of this parag raph
fom1 HUD-4010 (0612009)
ref Handbook 1344. 1
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 27
Menifee Mayor and City Council June 21, 2023 Page 666 of 2227 (3) Withholding for unpaid wages and liquidated
damages. HUD or its Clesi�inee shall upon its own action or upon wmten request or an authonzeel representative or the Department of Labor wnhholel or cause to be withheld. from any moneys payable on account of work performed lly the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract. or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is
held l>y the same prime contractor such sums as may be
determined to be necessary to satisfy any lIalJiltt1es of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth 111 sulJparagraph (2) of this paragraph
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses se1 forth 111
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these
clauses m any lower tier subcontracts The prime
contractor shall Ile responsible for compliance by any
sullcontractor or lower uer subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
c. Healtl1 and Safety. The provlSions of this paragraph C are appilcal>le where the amount of !he pome contrac1 exceeds S100.000 (1) No laborer or mechanic shall be required io work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his healih and
safety as de1ermmed under cons1ruction safety and health standards promulgated l>Y tile Secretary of Labor by
regulation.
(2) The Contractor shall comply w1!h all regulations
issued by the Secretary of Lallor pursuant to Title 29 Part 1926 anel failure to comply may result in imposition of sancuons pursuant to the Comract Work Hours and Safety
Standards Act. (Public Law 91-54. 83 Slat 96) 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this oaragraph in every subcontract so that such provisions will l>e t>inding on each sullcontractor. The contractor shall take such action wuh respect to any subcontractor as the Secretary of Housing and Urban Development or the
Secretary of Lallor shall C11rect as a means of enforcing such provisions
Previous edrt1ons are obso!e:e rom1 HUD-401 o (06/2009) ref Hanoi JOO!< 1344. 1
Item Title: 10.17
Memorandum of Understanding with County of Riverside, Riverside University Health System - Behavioral Health for Homeless Outreach Services for Fiscal Years 2023-2028
Item Page Number: 28
Menifee Mayor and City Council June 21, 2023 Page 667 of 2227

CITY OF MENIFEE
SUBJECT: Agreement with Romoland School District for School Resource Officer Services
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Heriberto Gutierrez, Captain
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute an agreement with the Romoland School District for School Resource Officer (SRO) services.

DISCUSSION
The City of Menifee Police Department has set the goal of establishing a School Resource Officer (SRO) Program to support school safety, consistent with the Strategic Visioning Plan of creating a safe and attractive community.

The SRO Program is structured to assist staff, parents, and students with feeling safe while in a learning environment. The Romoland School District (RSD) share the same thoughts and desires to partner in this program.

The Romoland School District Board has authorized the Superintendent to enter into an agreement with the City of Menifee for SRO services where they would share funding for one SRO position, estimated to be approximately $209,981.36 in the first year during the 2023/24 school year. The contract includes a cost share with RSD funding 50% of one officer position and 100% of vehicle costs over the five-year agreement, with increases not to exceed 5% per fiscal year. The City would fund the remaining 50% of the one officer position. See Table 1 below for the cost breakdown of the total charged to the school district.

Table 1.

Category Cost Per Year Cost Share % RSD Total
SRO Officer $175,500.07 50% $87,750.04
Vehicle Costs $34,481.28 100% school district $34,481.28 TOTAL $209,981.34 $122,231.32
Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 668 of 2227 City of Menifee Staff Report
SRO Service Agreement with Romoland School District
June 21, 2023

Page 2 of 2 ends

A goal of the City and District is to ensure adequate public safety in the schools, and one method of increasing safety at schools is to dedicate full-time school resource officers to school campuses. The Police Department has developed guidelines for the SRO with a multifaceted approach to increase school safety and encourage a positive learning environment. The basis of these guidelines begins with the SRO providing a highly visible presence on campus. RSD has agreed to partner with the City for an initial five years in this SRO program. The SRO would continue working under the direction of the City’s Chief of Police, or designee, with School District input on assignments as outlined in the agreement.

The Police Department has two existing police officers currently trained as SROs and would train additional officers as needed, pending final approval of the agreement by City Council. The SRO would continue to serve as a resource for teachers, providing classroom presentations that complement the schools’ curriculum, and discuss issues that promote responsible citizenship and provide students a better understanding of our legal system.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The cost, per year, to provide one dedicated, full-time SRO (40 hours per week), including salary, benefits, and necessary equipment is estimated not-to-exceed $175,500.07.

The proposed agreement shares the cost of one SRO with the Romoland School District. The District is funding 50% of one officer and one hundred 100% of the vehicle cost, therefore RSD’s portion of the cost is not-to-exceed $122,231.32 for FY 2023/24. The City’s respective portion of the cost is not-to-exceed $87,750.04 for FY 2023/24.

The officer and budget are included in the FY2023/24 Proposed Budget, no additional appropriation is needed.

Table 2 below indicates RSD’s anticipated costs over the next five years with a built in 5% yearly increase in personnel costs.

Table 2:

Fiscal Year Salary, Benefits, Equipment & Vehicle
FY 23/24 $ 122,231.32
FY 24/25 $ 126,618.82
FY 25/26 $ 131,225.69
FY 26/27 $ 136,062.91
FY 27/28 $ 141,142.00

ATTACHMENTS

1. Agreement
Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 669 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 1 of 8 ends

AGREEMENT BETWEEN THE CITY OF MENIFEE

AND THE ROMOLAND SCHOOL DISTRICT

TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER
PROGRAM FOR THE 2023-24 TO 2027-28 SCHOOL YEARS
This Agreement Between The City of Menifee and Romoland School District To Participate In The School Resource Officer Program For The 2023/24 - 2027/28 School Years (“Agreement”) is made and entered on __________ between the City of Menifee, a General law city, located at 29844 Haun Rd, Menifee, California, 92586, hereinafter referred to as "CITY," and the Romoland School District, 25900 Leon Rd, Homeland, California 92548, a public entity, hereinafter referred to as "DISTRICT" (individually referred to as “Party” and collectively “Parties”).

A. Recitals.

WHEREAS, CITY and DISTRICT have identified a need to provide additional law enforcement among DISTRICT’s school sites; and
WHEREAS, CITY and DISTRICT share common goals that include the provision of programs within DISTRICT’S jurisdiction that address the needs of students at risk; and WHEREAS, CITY and DISTRICT desire to work cooperatively toward these goals by entering into this Agreement to place Menifee Police Officers as School Resource Officers on DISTRICT campuses, as needed, to work in partnership with DISTRICT to provide a safe environment for learning that encourages the development of social responsibilities among the students, and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT’s campus control and student protection
B. Agreement
NOW, THEREFORE, the parties hereto agree as follows:

1. TERM. This Agreement shall be effective from August 3, 2023, through June 30, 2028, unless sooner terminated pursuant to the Section B.6 of this Agreement (the “Term”).

2. SCOPE OF WORK.
a. CITY agrees to assign one (1) Police Officer to serve as a School Resource Officer at the current DISTRICT middle school campus; hereinafter called “SRO”, for its participation in the School Resource Officer Program related to the provision of SERVICES to DISTRICT. SERVICES under this Agreement shall mean activities such as working with DISTRICT administration to investigate and resolve campus incidents, providing class presentations on relevant law enforcement issues, patrol of the schools, counseling of students and their parents, serving as a liaison between elementary and middle school sites, attending School Attendance Review Board (SARB) meetings, working with the Probation Department and other law enforcement agencies and officials, Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 670 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 2 of 8 ends

and such other tasks mutually agreed upon by DISTRICT and CITY provided that the School Resource Officer (“SRO”) shall not be required to perform such tasks or activities beyond the authority vested by applicable law (collectively the “SERVICES”). b. CITY agrees to assign one (1) full-time SRO to provide SERVICES under this Agreement at Ethan A. Chase Middle School. SERVICES shall be provided by CITY to DISTRICT as follows: The SROs will work a 5/8 work schedule or adjusted with agreementfrom DISTRICT, generally Monday through Friday, during student instructional days in accordance with adopted and published attendance calendar for each academic year and commencing the first day of student instruction through the last day of scheduled student instruction days.
c. The start dates of the SROs may be postponed beyond the first school day to allow the Menifee Police Department time to hire the personnel needed to fill the positions.
d. Billing for the SRO will not commence until the position is filled. e. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by SROs in accordance with DISTRICT holidays during contract period. The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY. f. Training for SRO’s will be reserved for non-student days as best as possible.

If absences of an SRO exceed one working week for any reason, another qualified officer will be assigned to the campus allowing for continued services until the SRO returns. g. CITY agrees to make available ADDITIONAL SERVICES for events such as but not limited to PTA/PTO/Booster meetings, Back-to-School nights, Open Houses, sporting events, dances, or other school-sponsored events, which fall outside of identified student instructional days and/or outside of the hours set forth under Section B.2.b of this Agreement (collectively “ADDITIONAL SERVICES”). DISTRICT agrees to provide additional compensation to CITY at a rate equal to one and one-half (1 ½) times the rate of pay of the assigned officer or SRO established by CITY, for actual hours worked outside of the hours set forth under Section B.2.b or on days that are not designated student instructional days. In addition, CITY reserves the right to replace or supplement SRO for ADDITIONAL SERVICES with non-SRO Police Officers. ADDITIONAL SERVICES shall be approved bythe DISTRICT, 30 days in advance through written communication, invoiced together with normal invoicing for the applicable period in accordance with Section B.4 of this Agreement.

3. SRO ASSIGNMENT. The SRO(s) assigned to DISTRICT under this Agreement shall be selected by CITY, with collaboration of DISTRICT and shall work under the supervision of the Police Department Operations Captain. At all times during the Term of this Agreement, the assigned SRO shall adhere to and obey all DISTRICT rules and Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 671 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 3 of 8 ends

regulations pertaining to the DISTRICT’S operations of its school, unless otherwise authorized by DISTRICT, or unless such compliance is not practicable due to exigent circumstances. CITY shall retain and have full authority to act and discharge its law enforcement duties pursuant to the policies and practices of the Menifee Police Department.
a. CITY shall retain the full responsibility and authority to direct and control the employment activities of the SRO(s) and supervise and discipline SRO(s) in accordance with the collective bargaining agreement between the CITY and the Menifee Police Officer’s Association MOU then in effect. In addition, CITY shall retain the right to approve requests for sick leave, vacation, or other absences relating to an assigned SRO.

4. COMPENSATION. DISTRICT shall pay CITY an amount not to exceed one hundred and twenty-two thousand, two-hundred and thirty-one dollars and thirty-two cents ($122,231.32) for the services of one (1) full-time SRO who will serve DISTRICT for the 2023-2024 academic year. Each successive year of service will include increases in cost of the SRO not to exceed the lesser of actual cost or 5% in any one Fiscal Year. CITYshall invoice DISTRICT and detail applicable SERVICES or ADDITIONAL SERVICES,if applicable, on a quarterly basis and payment of each approved invoice shall be made by DISTRICT within thirty (30) calendar days.
a. DISTRICT recognizes it is funding fifty percent (50%) of one (1) full-time SRO and one hundred percent (100%) for vehicle costs, and CITY is funding the remaining fifty percent (50%) of the one (1) full-time SRO.
b. If at any time the DISTRICT opts to reduce the personnel needed for services, the CITY funded officer(s) will be released first.

5. PROVISION OF MATERIALS. DISTRICT will prepare and furnish to CITY upon request such information and educational materials as is reasonably necessary for the performance of SERVICES by CITY hereunder. DISTRICT shall provide appropriate workspace on each campus for each SRO, and CITY will provide all law enforcement related materials and equipment.

6. TERMINATION OF AGREEMENT. Either Party may at any time, and for any reason, request a review or revision of this Agreement or terminate the Agreement upon the following conditions: Either PARTY may terminate this Agreement by providing a one hundred eighty (180) day written notice to the other PARTY. DISTRICT shall provide written notice of non-renewal at least one hundred eighty (180) days before the beginning of the next fiscal year, to wit, July 1st. The PARTY designees must meet no later than January 31, 2026, to discuss renewal of services. Notices shall be given in accordance with Section B.11. The DISTRICT shall compensate the CITY for SERVICES and ADDITIONAL SERVICES rendered under thisAgreement up to the date of termination.

7. INDEPENDENT CONTRACTOR STATUS. In the performance of this Agreement, CITY and its employees shall act as an independent contractor and not as employees of DISTRICT.

Nothing herein shall be construed or deemed to create the relationship of employee/employer or principal/agent as between DISTRICT and CITY. The directions issued by DISTRICT to CITY only relate to the objectives to be achieved and not the actual means to accomplish such objectives.

CITY shall assume responsibilityfor federal and state income tax withholdings for all CITY Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 5
Menifee Mayor and City Council June 21, 2023 Page 672 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 4 of 8 ends

employees, including but not limited to Federal Income Taxes, State Income Tax, Federal Insurance Contribution Act, State Unemployment Insurance, and State Disability Insurance, and any other deductions of income that CITY is required to make as the employer of the SRO(s).

8. CONFIDENTIALITY OF STUDENT INFORMATION AND RECORDS: CITY and its agents, officers, employees, and volunteers shall at all times comply with all state and federal laws and regulations governing student confidentiality, including the Family Educational Rights and Privacy Act (“FERPA”), the California Education Code, and the Health Insurance Portability and Accountability Act (“HIPPAA”).

9. INDEMNITY.
a. To the fullest extent permitted by law, each Party shall defend, indemnify and hold the other Party, its elected officials, officers, employees, agents and volunteers (“Indemnitees”) harmless with respect to any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, reasonable attorneys’ fees incurred by the Indemnitees, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, to the extent caused by or in any way attributable, actually, allegedly or impliedly, to the negligent acts or omissions or willful misconduct of any of the indemnifying Party's employees, volunteers, or associates during arising from or relating to the indemnifying Party’s performance of its obligations under this Agreement. All obligations under this provision are to be paid by the other Party as they are incurred. Nothing herein shall be interpreted as obligating either Party to indemnify the other Party against the Indemnitees’ negligence or willful conduct.

10. INSURANCE. CITY, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all the following minimum insurance requirements, All or a portion of the required insurance may be satisfied through the use of a self-insurance program or pooled insurance, if any. CITY must provide an affidavit of self-insurance, or pooled insurance if any.
a. Comprehensive General Liability. A policy with a minimum limit of not less than $2,000,000 combined single limit per occurrence for bodily injury and property damage, providing at least all of the following minimum coverages:
1) Premises Operations
2) Blanket Contractual
3) Personal Injury
b. Workers' Compensation and Employers' Liability. A policy written in accordance with the laws of the State of California and providing coverage for any and all employees of CITY.
1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.
2) This policy shall also provide coverage of $100,000 Employers' Liability (Coverage B).
c. Comprehensive Business Auto. A policy with a minimum of not less than $2,000,000 combined single limit per occurrence for bodily injury and property damage.

Coverage shall be applicable (without deductibles) to any and all CITY leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 673 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 5 of 8 ends

Agreement.
d. The policy shall not exclude, or CITY shall otherwise self-insure, liability for personal injury in the form of Sexual Abuse and Molestation. e. Required Endorsements. The policies required to be maintained by this Agreement must contain, or be endorsed to contain, the following provisions:
1) Aggregate Limit Per Project endorsement;
2) The District, its Board, officers, agents and employees shall be included as Additional Insureds either by specific endorsement naming these parties or a blanket additional insured endorsement applicable "when required by written contract or agreement"
3) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents and employees or a
4) blanket waiver of subrogation endorsement applicable “when required by written contract or agreement”;
5) A Primary, Non-contributory endorsement in favor of the District, its Board, officers, agents and employees or a blanket primary, noncontributory endorsement applicable “when required by written contract or agreement”.
6) If Consultant has access to or will be receiving any personal or private information about the District or its students, personnel, students or parents or any other third party: Either the Professional Liability policy must include coverage for claims involving invasion of privacy violations, breach of privacy, information theft, damage to or destruction of electronic data or information, release of private information, alteration of electronic information, extortion and network security or Consultant must provide as a separate policy:
a. Cyber Liability Insurance with limits not less than $2,000,000 for each occurrence or event with an annual aggregate of $2,000,000 b. The policy shall minimally cover claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
c. The policy shall protect the District for breach response costs as well as regulatory fines and penalties with a limit that equals not less than $200 per student in the aggregate.
d. This coverage shall contain an Extended Period of Indemnity no less than 90 days from the date of expiration of the policy.

Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 674 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 6 of 8 ends

1) DISTRICT, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of DISTRICT officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of CITY; products and completed operations of CITY; premises owned, occupied or used by CITY; or automobiles owned, leased, hired or borrowed by CITY. The coverage shall contain no limitations on the scope of protection afforded to DISTRICT or CITY, their respective officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of DISTRICT or CITY officials which are not also limitations applicable to the named insured. 2) CITY’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
3) Each insurance policy required by this Section shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days’ prior written notice by first class mail has been given to DISTRICT, or 10 days’ prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 4) Each insurance policy required by this Section shall expressly waive the insurer’s right of subrogation against DISTRICT, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of DISTRICT officials.

11. COMPLIANCE WITH LAWS. CITY and DISTRICT shall comply with all applicable Federal, State, and local laws, rules, regulations, emergency orders, and ordinances while performing pursuant to this Agreement.

12. NOTICES. Any written notices required during the administration of this Agreement, including notice of termination or cancellation, shall be addressed to respective Party as follows:

If to DISTRICT: Romoland School District
25900 Leon Rd
Homeland, CA 92548
Attn: Superintendent
If to CITY: City of Menifee
29844 Haun Rd
Menifee, California 92586
Attn: City Manager
Any notice required or permitted by this Agreement shall be in writing and will be effective when personally delivered on a business day of the receiving party, or three (3) days after deposit in the U.S. Mail, first-class, postage prepaid.

Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 675 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 7 of 8 ends

13. STATEMENT OF INTENT AND RULES OF CONSTRUCTION. By entering into this Agreement, the Parties intend not to violate or cause a violation of the terms of collective bargaining or other labor agreements to which either may be a party, nor the policies, rules, and regulations governing the employees of either Party hereto. If any provision of this Agreement is inconsistent with such collective bargaining or other labor agreements, or of such policies, rules, and regulations, then the applicable provision of such collective bargaining or other labor agreements, and such policies, rules, and regulations shall take precedence for purposes of the construction of this Agreement. In such a case, the Parties agree to promptly meet and confer on the approval of an appropriate amendment to this agreement.

14. APPLICABLE LAW; VENUE. This Agreement shall be construed under the laws of the State of California. Venue for any action arising out of this Agreement shall be the Superior Court of the County of Riverside, California.

15. ATTORNEYS’ FEES. The prevailing Party in any legal action arising out of this Agreement shall be entitled to recover reasonable attorneys' fees, expert costs, and all costs of suit.

16. SEVERABILITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein No promise or representation not set forth herein shall be binding or of any force or effect.

18. COOPERATION; FURTHER ACTS. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

19. AMENDMENT; MODIFICATION. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20. NO THIRD PARTY BENEFICIARIES. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

21. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. [Signatures on the following page]
Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 676 of 2227 SRO Agreement City of Menifee
Romoland School District
2023-24 to 2027-28 School Years

Page 8 of 8 ends

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

CITY OF MENIFEE
A General Law City
Dated: By:

Armando G. Villa
City Manager

ROMOLAND

SCHOOL DISTRICT
Dated: By:

Trevor Painton
Superintendent
Item Title: 10.18
Agreement with Romoland School District for School Resource Officer Services Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 677 of 2227

CITY OF MENIFEE
SUBJECT: Reject all Bids for the Casa Blanca and Willows/Lake Ridge Neighborhood Resurfacing Projects
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize the City Manager to reject all bids submitted for the Casa Blanca Neighborhood and Willows/Lake Ridge Neighborhood Resurfacing projects, Capital Improvement Project Nos. 23-05 and 23-06.

DISCUSSION
The Casa Blanca Neighborhood Resurfacing project, Capital Improvement Project (CIP) No. 23- 05, is located east of the I-215 freeway, and south of McCall Boulevard, with major crossroads of Antelope Road and Grand Avenue. The Willows Neighborhood Resurfacing project, CIP No. 23- 06, is located east of the I-215 freeway, and south of Newport Road, with major crossroads of La Piedra Road and Menifee Road. These projects would resurface exiting pavement by grinding and overlaying asphalt concrete, replace 52 existing non-compliant curb ramps, construct drainage improvements, and provide removal and replacement of striping and signage. The combined project length of the resurfacing efforts would be approximately 2.92 linear miles.

In an effort to maximize budget use for the projects, staff administered a combined competitive bid process for both projects which was legally advertised on April 25, 2023, in accordance with the California Public Contract Code. An electronic bid opening was held on May 9, 2023, and a total of two bids were received, as summarized in Table 1 on the following page.

Item Title: 10.19
Reject all Bids for the Casa Blanca and Willows/Lake Ridge Neighborhood Resurfacing Projects Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 678 of 2227 City of Menifee Staff Report
CIP 23-05 & 23-06 Reject Bids
June 7, 2023

Page 2 of 2 ends

Table 1- Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible Bidder
Engineers Estimate $2,200,000.00
Manhole Adjusting Inc. $2,698,000.58 X
Onyx Paving Company, Inc. $4,444,000.00
The bid amounts received were well above the engineer’s estimate of $2,200,000. Based on the lowest construction bid received, the anticipated overall costs for both projects are estimated to be $3,075,721. The overall costs include the construction contract, materials testing, labor compliance, and additional anticipated costs typically associated with construction projects such as these to deliver a turn-key facility. The anticipated construction costs exceed the combined allocated funding for both projects. Given the higher than expected construction costs received in the bid responses, an additional $787,721 would be required to move forward with the projects based on the apparent lowest bidder’s pricing.

Public Contract Code §20166 allows a legislative body, in its discretion, to reject any bids and readvertise a project. In an effort to accommodate the current available funding, it is recommended that the City Council reject all submitted bids to allow staff to perform value engineering to the current scope of work and re-bid the projects.

Because only two bids were received, staff will re-evaluate and re-bid the project in a timely manner. Staff will work to identify cost-saving opportunities through other resurfacing techniques and revise the construction documents accordingly. Re-bidding the projects is expected to result in bid proposals that align more closely with the approved budget, while still meeting the intent of the original scope of work.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Project Location Map – Casa Blanca Resurfacing

2. Project Location Map – Willows Neighborhood Resurfacing Item Title: 10.19
Reject all Bids for the Casa Blanca and Willows/Lake Ridge Neighborhood Resurfacing Projects Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 679 of 2227

MCCALL BLVD

CHAMBERS AVE BRADLEY RD MENIFEE RD
CHERRY

BLVD HILLS

SUN BLVD CITY

ENCANTO DR

CHAMBERS AVE ANTELOPE RD
215 FREEWAY

TALLY RD BRADLEY RD ENCANTO DR
MCCALL BLVD BRADLEY RD SUN CITY BLVD FY 222 AC RESURFACIN* PRO*RAM Item Title: 10.19
Reject all Bids for the Casa Blanca and Willows/Lake Ridge Neighborhood Resurfacing Projects Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 680 of 2227 (U
NE:PORT RD
+OLLAND RD
DOMENIGONI P.:Y ANTELOPE RD
RD
LA PIEDRA S+ERMAN RD +AUN RD MENIFEE RD PALOMAR RD

POTOMAC DR

MENIFEE RD
FY 22-23 SLURRY SEAL PROGRAM
Item Title: 10.19
Reject all Bids for the Casa Blanca and Willows/Lake Ridge Neighborhood Resurfacing Projects Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 681 of 2227

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute an Owner-Contractor Agreement with Pavement Coatings Co. to perform construction services for the Fiscal Year 2022/2023 Slurry Seal Program Project, Pavement Management Program No. 23-01, in an amount not-toexceed $409,703.50.

DISCUSSION
The Fiscal Year 2022/2023 Slurry Seal Program Project, Pavement Management Program (PMP) No. 23-01, consists of resurfacing existing roads by slurry seal and performing restriping where appropriate. The work would be performed in various areas of the Casa Blanca community, Willows neighborhood, Brigata community, Lake Ridge community, and portions of the community south of Wickerd Road between Menifee Road and Briggs Road, as depicted in the Project Location Map. The Project would be completed in two parts, beginning with a crack seal of the entire project area, followed by slurry seal resurfacing within all neighborhoods. Services for the crack seal were previously awarded under separate contract during the November 16, 2022, City Council meeting and are nearly completed. The slurry seal would resurface approximately 8.5 centerline miles of roadway collectively between the identified neighborhoods.

Staff administered a competitive bid process and the Project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on May 23, 2023, and a total of five bids were received, as summarized in Table 1 on the following page.

Page 2 of 3 ends

Table 1- Bid Result Summary
Engineer’s Estimate $518,800.00
Firm Name Total Bid Amount Lowest Responsible Bidder
Pavement Coatings Co. $409,703.50 X
Roy Allan Slurry Seal, Inc. $467,459.47
American Asphalt South Inc. $470,421.96
All American Asphalt $504,194.00
VSS International, Inc. $536,120.00
Staff reviewed the apparent lowest bid and determined that Pavement Coatings Co. met the requirements for recommendation as the lowest responsive and responsible bidder.

The total cost for the construction contract is $409,703.50. Materials testing services were previously secured. Construction management and inspection would be provided by City staff.

Labor compliance services are currently being procured and would increase the total construction costs. The total anticipated construction costs for the Project are $495,673.85. 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: July 2023
Construction End: August 2023
City Council Acceptance: September 2023
The timeline above assumes no delays due to weather or unforeseen conditions.

Environmental Impact
The proposed Project has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301.

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Project is for the resurfacing of existing paved roads and all improvements are within the existing City right-of-way. The proposed improvements are a negligible expansion of the existing use and are considered minor alterations to existing streets. The Project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the activity in question will have a significant effect on the environment because the proposed Project is occurring in areas that are already heavily disturbed and are not environmentally sensitive. The Notice of Exemption for the Project was recorded with the County of Riverside on May 25, 2023.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The total anticipated construction costs for the Project are $495,673.85. The funding required to support the award of the proposed construction contract for the Project is $409,703.50. There is Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 683 of 2227 City of Menifee Staff Report
PMP 23-01 Pavement Coatings Co. Agreement
June 21, 2023

Page 3 of 3 ends

existing funding in the current Fiscal Year 2022/2023 Budget for this Project, as summarized in Table 2 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Budget
Anticipated
Cost
Measure A PMP 220-4555-58011 $76,685.97 $76,685.97
Gas Tax PMP 200-4555-58011 $19,258.00 $19,258.00
Measure DD PMP 105-4555-58011 $100,729.72 $100,729.72
General Fund PMP 100-4555-58011 $805,789.34 $213,029.81 Total $1,002,463.03 $409,703.50

ATTACHMENTS

1. Project Location Map

2. Owner-Contractor Agreement
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 684 of 2227

MCCALL BLVD

CHAMBERS AVE BRADLEY RD MENIFEE RD
CHERRY

BLVD HILLS

SUN BLVD CITY

ENCANTO DR

CHAMBERS AVE ANTELOPE RD
215 FREEWAY

TALLY RD BRADLEY RD ENCANTO DR
MCCALL BLVD BRADLEY RD SUN CITY BLVD FY 222 SLURRY SEAL PRO*RAM Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01 Menifee Mayor and City Council June 21, 2023 Page 685 of 2227 (U
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FY 22-23 SLURRY SEAL PROGRAM
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01 Menifee Mayor and City Council June 21, 2023 Page 686 of 2227

SCOTT RD MENIFEE RD HAUN RD

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Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01 Menifee Mayor and City Council June 21, 2023 Page 687 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 1
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CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
PMP 23-01 Slurry Seal Project
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and PAVEMENT COATINGS, CO. (“Contractor”), whose principal business address is 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752 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 PMP 23-01 Slurry Seal Project 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: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 689 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 3
6 8
9 6
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: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 690 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 4
6 8
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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: Doug Ford, President______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Tom Mucenski, Secretary
Its:

ATTEST:

By:

Stephanie Roseen, Acting City Clerk
#045731, 303609 Class A and C32
Contractor’s City Business License No.

State Contractor License No. & Class
10240 SAN SEVAINE WAY
Street Address
JURUPA VALLEY, CA 91752
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: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 691 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 5
6 8
9 6

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: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 692 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 6
6 8
9 6

EXHIBIT B

CONTRACT PRICE
Four Hundred Nine Thousand Seven Hundred Three Dollars and Fifty Cents ($409,703.50) 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: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 693 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 7
6 8
9 6
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 694 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 8
6 8
9 6
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 695 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 9
6 8
9 6
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 696 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 10
6 8
9 6
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 697 of 2227 290/031858-0008
7645681.2 a03/21/23 4 Page 11
6 8
9 6
Item Title: 10.20
Bid Award and Agreement with Pavement Coatings, Co. for Construction Services for Fiscal Year 2022/2023 Slurry Seal Program Project, PMP 23-01
Menifee Mayor and City Council June 21, 2023 Page 698 of 2227

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award and authorize the City Manager to execute an Owner-Contractor Agreement with Roadway Engineering & Construction Corp. to perform construction services for the Normandy Road Pedestrian Improvement Project, Capital Improvement Project No. 22-08, in an amount not-to-exceed $411,819.

DISCUSSION
The Normandy Road Pedestrian Improvements Project, Capital Improvement Project (CIP) No. 22-08 proposes the construction of an approximately 1,400 foot long, eight foot wide, asphalt pedestrian trail along the north side of the existing Normandy Road across the Salt Creek Channel and replace the collapsed existing storm drain inlets located approximately mid-point of the project with new inlets and a concrete headwall. The Project would close the pedestrian gap between the existing sidewalks on both sides of the channel, ultimately providing connectivity between the existing Salt Creek Trail, local parks, and nearby schools. The Project would also provide construction of a head wall, replace the collapsed inlets, and update signage and striping to separate the new pedestrian path and existing vehicle lanes. The Project is located west of Murrieta Road and north of Newport Road.

On June 1, 2022, City Council awarded a bid and entered into an Owner-Contractor Agreement with Roadway Engineering & Construction Corporation for construction of the Project in the amount of $445,499. As a result of a pre-biological study prior to construction activities commencing, it was determined that additional studies and permits would be required prior to construction activity beginning. At the time, the awarded Contractor was unable to commit to holding their bid pricing for the timeline needed to complete the environmental requirements which were anticipated to take 6 months. On October 19, 2022, City Council approved and authorized the City Manager to terminate the Agreement with the Contractor in order to re-bid the Project once environmental requirements had been met.

Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 699 of 2227 City of Menifee Staff Report
CIP 22-08 Normandy Road Pedestrian Improvement Project Agreement June 21, 2023

Page 2 of 3 ends

The environmental requirements associated with the portion of the Project that impacts jurisdictional waters and are now anticipated to take longer than initially expected due to the timelines set by the state and federal agencies that manage the environmental requirements. The timeline is also extended due to the requirement of purchasing environmental mitigation credits.

Because the Project is considered a high priority, an alternative design option was developed which would allow construction activities to be phased in order to move the Project forward timely.

The alternative design option would avoid impacts on jurisdictional waters by adjusting the existing alignment and implementing tapers. Since the alternative design option does not impact jurisdictional waters, this phase of the Project is exempt from the California Environmental Quality Act (CEQA). This alternative design will address the pedestrian connectivity and gap issue, but it does not address the existing storm drain issues.

Once the required permits are approved through the regulatory agencies and the required purchase of mitigation credits are executed, the remaining phase of the Project, which will install a headwall and replace the culverts would be completed through a future, separate project. Staff anticipates receiving required environmental permits by the end of the calendar year.

Staff administered a competitive bid process separating the phase of the Project that is CEQA exempt as a base bid, and it was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on May 30, 2023, and one bid was received, as summarized in Table 1 below.

Table 1- Bid Result Summary
Engineer’s Estimate $421,700.00
Firm Name Base Bid
Amount
Additive “A”
Bid Amount
Total Bid
Amount
Lowest
Responsible
Bidder
Roadway Engineering &
Construction Corp. $411,819.00 $210,472.00 $622,291.50 X Staff reviewed the apparent lowest bid and determined that Roadway Engineering & Construction Corp. met the requirements for recommendation as the lowest responsive and responsible bidder.

The total cost for the base bid is $411,819. The additive bid will not be awarded at this time due to budget constraints and would be completed in the next phase of the Project once budget becomes available. Materials testing services were previously secured. Construction management and inspection would be provided by City staff. Labor compliance services are currently being procured and would increase the total construction costs. The total anticipated construction costs for the Project are $471,766. 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: July 2023
Construction End: August 2023
City Council Acceptance: September 2023
The timeline above assumes no delays due to weather or unforeseen conditions.

Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 700 of 2227 City of Menifee Staff Report
CIP 22-08 Normandy Road Pedestrian Improvement Project Agreement June 21, 2023

Page 3 of 3 ends

Environmental Impact
The work proposed under this contract has been determined to be Categorically Exempt (“Existing Facilities”) under CEQA and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Project is for the expansion of an eight-foot-wide paved shoulder and all improvements are within the existing City right-of-way. The proposed improvements are a negligible expansion of the existing use and are considered minor alterations to existing streets. The Project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the activity in question will have a significant effect on the environment because the proposed Project is occurring in an area that is already heavily disturbed and is not environmentally sensitive.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated construction costs for the Project are $471,766. The funding required to support the award of the proposed construction contract for the Project is $411,819.

There is existing funding in the current Fiscal Year 2022/2023 Budget for this Project as summarized in Table 2 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Budget
Anticipated
Cost
Capital Projects Normandy Road 320-4555-58125 $49,810 $49,810 Measure A Normandy Road 220-4555-58125 $184,442 $184,442 Measure DD Normandy Road 105-4555-58125 $216,100 $177,567 General Fund Normandy Road 100-4555-58125 $26,750 $0
Total $477,102 $411,819

ATTACHMENTS

1. Project Location Map

2. Owner-Contractor Agreement
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 701 of 2227 Rocking Horse Ct
Sergeant
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Showdown Ct
Renegade Ct
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Desperado Ct
Lone Acres Rd
Hitch Rail Ln
Newport Rd
Morning Bree ze Dr
Twyman Way
Shady Creek Cir
Stepping Stone Cir
Stage Coach Rd
Red Fern Cir
Rio Bravo Ct
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Dr
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LAKE ELSINORE
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Normandy_Road_Ped_Improvements\Normandy_Road_Ped_Improvements.aprx Date: 5/27/2022 Normandy Road Pedestrian Improvements (CIP 22-08)
Project Location Map
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 702 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 22-08: NORMANDY ROAD PEDESTRIAN IMPROVEMENTS PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and ROADWAY ENGINEERING & CONSTRUCTION CORP. (“Contractor”), whose principal business address is 3121 Indian Ave., 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 CIP 22-08: NORMANDY ROAD PEDESTRIAN IMPROVEMENTS PROJECT 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.

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.

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 Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 704 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 3
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
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.

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 Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 705 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 4
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 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:

Roadway Engineering & Construction Corp.

By:

Name: Eric Alvarez ______
Its: President
APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Eric Alvarez
Its: Secretary
ATTEST:

By:

Stephanie Roseen, Acting City Clerk
044573
Contractor’s City Business License No.
1073145
State Contractor License No. & Class
3121 Indian Avenue
Street Address
Perris, CA 92571
City, State, Zip Code
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 706 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 5
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 707 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 6

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: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 708 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 7

EXHIBIT B

CONTRACT PRICE
Four Hundred Eleven Thousand Eight Hundred Nineteen Dollars and Zero Cents ($411,819.00)
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: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 709 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 8
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 12
Menifee Mayor and City Council June 21, 2023 Page 710 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 9
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 13
Menifee Mayor and City Council June 21, 2023 Page 711 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 10
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 14
Menifee Mayor and City Council June 21, 2023 Page 712 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 11
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 15
Menifee Mayor and City Council June 21, 2023 Page 713 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 12
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 16
Menifee Mayor and City Council June 21, 2023 Page 714 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 13
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 17
Menifee Mayor and City Council June 21, 2023 Page 715 of 2227 290/031858-0008
7645681.2 a03/21/23 Page 14
Item Title: 10.21
Bid Award and Agreement with Roadway Engineering & Construction Corp. for Construction Services for Normandy Road Pedestrian Improvements Project, CIP 22-08
Item Page Number: 18
Menifee Mayor and City Council June 21, 2023 Page 716 of 2227

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Lyle Marsh Permanent Park Restroom, CIP 21-18
MEETING DATE: June 21, 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. Accept the improvements for Capital Improvement Program Project No. 21-18, Lyle Marsh Permanent Park Restroom located at 27050 School Park Drive; and

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

DISCUSSION
Lyle Marsh Park is located at the corner of Bradley Road and School Park Drive next to Chester Morrison Elementary School. The permanent park restroom project consisted of replacing the portable restroom with a permanent prefabricated building that would accommodate the level of residents visiting the park.

On December 15, 2021, the City Council approved an agreement with CXT, Inc. for the construction and delivery of the prefabricated restroom. On August 3, 2022, the City Council approved a construction budget of $192,950 to Construction H. The contract would include the installation of the restroom delivered by CXT, Inc. Two change orders totaling $7,951.30 were necessary. Change Order 1 was due to flooding of the sewer line trench caused by irrigation as the street was opened. Change Order 2 was due to additional materials required to complete the Project. The final construction cost for the project was $200,901.30.

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

Item Title: 10.22
Notice of Completion and Acceptance for the Lyle Marsh Permanent Park Restroom, CIP 21-18 Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 717 of 2227 City of Menifee Staff Report
CIP 21-18 NOC
June 21, 2023

Page 2 of 2 ends

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

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Notice of Completion

2. Contract Change Order Summary

3. Project Location Map
Item Title: 10.22
Notice of Completion and Acceptance for the Lyle Marsh Permanent Park Restroom, CIP 21-18 Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 718 of 2227 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

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

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
Lyle Marsh Permanent park Restroom 21-18
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on April 24, 2023. The project consisted of the installation of a permanent prefabricated restroom. The project was completed at Lyle Marsh Park located in a residential neighborhood at 27050 School Park Drive in the City of Menifee, County of Riverside, State of California.

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

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

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

PUBLIC PARK IN
MENIFEE, CA 92584

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

Construction H, Inc.
2766 Carlton Court
San Pablo, CA 94806

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

STATE OF CALIFORNIA)
Ss

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the
Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
MEETING DATE: June 21, 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. Accept the improvements for the Menifee Road/La Piedra Road Traffic Signal Project, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal Project, CIP 21-10; and

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

DISCUSSION
The Menifee Road/La Piedra Road Traffic Signal Project, Capital Improvement Project (CIP) No. 21-07 and the Murrieta Road/Rouse Road Traffic Signal Project, CIP No. 21-10 (Projects) were bid under a single solicitation and agreement award due to the similar scope of work for both projects, and to reduce overall costs. The Projects consisted of the installation of new traffic signals, controller cabinet foundations, service cabinets, a closed-circuit television (CCTV) camera system, wireless radios, an ethernet switch, new poles with foundations, conduit, pull boxes, detection loops, signing/striping, and pedestrian curb ramps.

On January 19, 2022, the City Council approved a total construction budget of $1,185,318 for the Projects and authorized the City Manager to execute an Owner-Contractor Agreement with CalProMax Engineering, Inc. in the amount of $982,106.50 to perform construction of two traffic signal improvement projects at Menifee Road and La Piedra Road, CIP 21-07 and Murrieta Road and Rouse Road, CIP 21-10. Both projects have now been completed and the final construction costs total $1,015,496, including ancillary costs such as materials testing and labor compliance services.

Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 722 of 2227 City of Menifee Staff Report
CIP 21-07 and 21-10 NOC
June 21, 2023

Page 2 of 2 ends

If approved, a Notice of Completion (NOC) would be filed with the Riverside County Recorder’s Office, which protects the City from future claims against the projects by providing proper noticing to each contractor, subcontractor, and material supplier, that the projects have been completed.

The payment bond would be released upon project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices to date that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to CIP 21- 07 and CIP 21-10.

ATTACHMENTS

1. Project Location Maps

2. Notice of Completion

3. Close-Out Documents
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 723 of 2227 La Piedra Rd
Menifee Rd
Shoreridge Dr
Cresent Bend Cir
Spindrift Ct
Woodcrest Lake Dr
Bridge Water Ln
Pier Pointe Cir
Dockside Pl
Bayport
Ln
Domenigoni Pkwy
La Piedra Rd
Menifee Rd
Holland Rd
Antelope Rd
Old
NewportRd
Newport Rd
Project Site
0 0.02 0.04
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Menifee_Murrieta_Traffic_Signals\Menifee_Murrieta_Traffic_Signals.aprx Date: 12/22/2021 Menifee Road / La Piedra Road Traffic Signal (CIP 21-07) Project Location Map
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 724 of 2227 Lazy Cloud Way
Goldenwood
StStagewood St
Lone Star Way
Sunnywood St
Redriver Dr
Rangewood St
Rouse Rd
M
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Menifee_Murrieta_Traffic_Signals\Menifee_Murrieta_Traffic_Signals.aprx Date: 12/22/2021 Murrieta Road / Rouse Road Traffic Signal (CIP 21-10)
Project Location Map
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 725 of 2227 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

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

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
MENIFEE ROAD/LA PIEDRA ROAD TRAFFIC SIGNAL PROJECT, CIP 21-07 MURRIETA ROAD/ROUSE ROAD TRAFFIC SIGNAL PROJECT, CIP 21-10 Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on June 21, 2023. The project improvements consisted of the installation of new traffic signals, controller cabinet foundations, service cabinets, a closed-circuit television (CCTV) camera system, wireless radios, an ethernet switch, new poles with foundations, conduit, pull boxes, detection loops, signing/striping, and pedestrian curb ramps. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

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

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

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

PUBLIC STREETS IN
MENIFEE, CA 92586

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

CALPROMAX ENGINEERING, INC.
700 S. VAN BUREN STREET
PLACENTIA, CA 92870

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

STATE OF CALIFORNIA)
Ss

CI-OSE-OUT DOCUMENTS
4-7
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 727 of 2227

CONTRACTOR'S CERTIFICATION OF COMPLETION
DATE:

TO: City of Menifee
29844 Haun Rd
Menifee, California 92586
FRO M: CALPROMAX ENGINEERING INC
(Firm or Co rpo ration )
PROJECT: Menifee Road / La Piedra Road and Murrieta Road / Rouse Road Traffic Signal lmprovement Projects - CIP No.21-07 and CIP No. 21-10
This is to certify that l, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract:

1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and ln conformity to, the contract drawings and specifications.

2. The contract work is now complete in all parts and requirements, and ready for your final inspection.

3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the contract documents.

Maria r-|"
Armogeda3;-'-"''"
o5115t2023
Nick
Kabbany ost15t2023
SiBnature of Prime Contractor Signature of Prime Contractor Maria Armoqeda Nazar Kabbany, President
, Vice President
Print name and title Print name and title
(lf the Prime Controctot is o corporotion two signoturcs of corporote olficers ore required.) 47 05-15-2023
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 728 of 2227

CONTRACTOR'S AFFIDAVIT OF DISPOSAT
WHEREAS, on the __19!I_ day of January 20 22
, the undersigned entered
WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of Menifee Ordinances.

WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of Menifee Municipal Code has been furnished.

NOW, THEREFORE, in consideration of the final payment by the City of Menifee to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):
concrete and asphalt
Type of materialdisposed of
Green Rock Material
Type of material disposed of
Name of disposal site
1420 Nandina Ave, Perris CA 9257'1
Name of disposa I site
Address of disposal site
Type of materialdisposed of Type of material disposed of Name of d isposal site Name of disposal site
Address of disposal site
By signing a nd submitting this form to the City of Menifee on th is _ day of 20- I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or m isrepresentation.

Mana Armogeda*'"1 :#.'#-IT;' - r.'#H,:ffiT,- o5t1st2o23 Nick Kabbany**"x"-"*' ost1st2o23
Signature of Prime Contractor
Maria Armogeda, VP
Date Sign3ture of Prime Contractor
Nizar Kabbany, President
43 Date
Print name and title Print name and title
(lf the Prime Contrcdor is o cotporotion two signotures of corporote oficers ore required,) into and executed a contract with City of Menif€e for Menifee Road / [a Piedra Road and Murrieta Road / Rouse Road Traffic Signal lmprovement Projects, as particularly described in said contract and identified as CIP No. 21-07 and CIP No. 21-10, and
Address of disposa I site
Address of disposal site
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 729 of 2227

CONSENT OF SUREW FOR FINAL PAYMENT
of the following named Contractor: CALPROMAX ENGNEERING hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the Owner, as set forth in said Surety company's bond.
lN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _ day of 20
Signature of Authorized Surety Representative
(CORPORATE SEAL)
4,4
ln accordance with the provisions of the contract between the Owner and the Contractor, and the following named Surety: United States Fare lnsurance Company on the Payment Bond in the amount of Fourty Nine Thousand one Hundred Five Dollars, Title
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 730 of 2227

CONTRACTOR'S AFFIDAVIT OF PAYMENT
To All Whom lt May Concern:

WHEREAS, the undersigned has been contracted by the City of Menifee to furnish labor and materials for Menifee Road / La Piedra Road and Murrieta Road / Rouse Road Traffic Signal lmprovement Projects, CIP No. 21-07 and CIP No. 21-10, under a contract dated the rgth day of JanuarY .20 22 , in the City of Menifee, County of San Diego, State of California, of which City of Menifee is the Owner.

NOW, THEREFORE, this lsth day of lvlay 2023 the
undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.

Signature of Prime Contractor
Maria Armogeda, VP
Date Signature of Prime Contractor
Nizar Kabbany, President
Print name and title Print name and title
(lf the Prime Controctor is o cotpototion two signotures of corporote olficers ore required,) 4-5
EXCEPTIONS: (lf none, write "None". lf required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) Except retention $49,105.33 not paid yet by the City of Menifee Maria il";x:.H,"i#-Ttr to calpromax Engineering'
Armogeda o. oF@. LE'*t Nick Kabb: ;-#L-'; '",i;;."* ost15t2oz3 tny:L:H"{-- Ost1st2123
Date
Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 731 of 2227

GUARANTEE AGREEMENT
We hereby guarantee that Menifee Road / La Piedra Road and Murrieta Road / Rouse Road Traffic Signal lmprovement Projects, CIP No, 21-07 and CIP No. 21-10, has been installed in accordance with the drawings and specifications and that the work as installed willfulfill the requirements included in the specifications. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by City of Menifee, ordinary wear and tear and unusual abuse or neglect excepted.

The Contractor also agrees to indemnify and hold City of Menifee harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract. ln the event that the undersigned fails to comply with the abovementioned cond itions within a reasonable period of time, as determined by City of Menifee, the undersigned hereby authorizes the City of Menifee to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City of Menifee for the cost thereof.

Calpromax Enqineerino, lnc 650 N Rose Dr.#186 Placentia, CA 92870 Firm name
l\ilaria
Armoqeda
N ick Ka b banyff*.Slx;S;i. ".^"
Address
Signature of Prime Contractor or Sub-Contractor
Maria Armogeda, VP
Signature of Prime Contractor or Sub-Contractor
Nizar Kabbany, President
Print name and title Print name and title
Countersigned (required by Prime Contrcctot if this Guorontee Agreement isfor o Sub-Controctor) Firm name Address
Signature of Prime Contractor Signature of Prime Contractor Nick Kabbany. President
Print name and title
Name
650 N. Rose Dr. #186, Placentia, CA 92870
Address
714-57 34599
Telephone number and email address
4-6
Print name and title
Contoct for Service:

Item Title: 10.23
Notice of Completion and Acceptance for the Menifee Road/La Piedra Road Traffic Signal, CIP 21-07 and the Murrieta Road/Rouse Road Traffic Signal, CIP 21-10
Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 732 of 2227

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek
Community Pedestrian Project, CIP 22-21
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21; and

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

DISCUSSION
The Sun City Community Pedestrian Project, Capital Improvement Project (CIP) No. 22-20 and the Lazy Creek Community Pedestrian Project, CIP No. 22-21 (Projects) were bid under a single solicitation and agreement award due to the similar scope of work for both projects, and to reduce overall costs. The Projects consisted of the installation of ADA ramps and high visibility crosswalks within the Sun City and Lazy Creek communities.

On October 19, 2022, the City Council approved a total construction budget of $767,503 for both projects and authorized the City Manager to execute an Owner-Contractor Agreement with CT&T Concrete Paving, Inc. in the amount not-to-exceed $678,192 to perform construction services for CIP 22-20 and 22-21. Both projects have now been completed and the final construction costs total $701,374.50, including ancillary costs such as materials testing and labor compliance services.

The payment bond would be released upon project acceptance by the City and the performance Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 733 of 2227 City of Menifee Staff Report
CIP 22-20 and 22-21 NOC
June 21, 2023

Page 2 of 2 ends

bond would be released one year after the date of recording of the NOC. The City has not received any stop notices to date that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to CIP 22- 20 and CIP 22-21.

ATTACHMENTS

1. Project Location Maps

2. Notice of Completion

3. Close-Out Documents
Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 734 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21 Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 735 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 736 of 2227 Beach
St
Hohokam Ct
Pacoima Ct
Singing Wood Ln
Kanan Rd
Evans Rd
Hillhurst Ct
Irvine Ln
Apple Creek Rd
Moondance Way
Blackbird Dr
Sugarfoot Ct
Oxnard St
Lands End Way
Moonstone Way
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Pl
C
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Lazy Creek Rd
Z
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a
Way
Pacific Channel Way
S
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C
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Ln
Brookfield Dr
Williamette Way
Oakbridge Dr
Newport Rd
215
Haun Rd
SunCit y B lv
d
Newport Rd
Cherry Hills Blvd
Pebble Beach Dr
Normandy Rd
Murrieta Rd
Bra
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Holland Rd
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\LazyCreekPedProject\LazyCreekPedProject.aprx Date: 6/8/2023 Lazy Creek Community Pedestrian Project (CIP 22-21)
Project Location Map
Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 5
Menifee Mayor and City Council June 21, 2023 Page 737 of 2227 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

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

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
SUN CITY COMMUNITY PEDESTRIAN PROJECT, CIP NO. 22-20
LAZY CREEK COMMUNITY PEDESTRIAN PROJECT, CIP NO. 22-21
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on June 21, 2023. The project improvements consisted of the installation of ADA ramps and high visibility crosswalks within the Sun City and Lazy Creek communities. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

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

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

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

PUBLIC STREETS IN
MENIFEE, CA 92586

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

CT&T CONCRETE PAVING, INC.
324 S. DIAMOND BAR BLVD
DIAMOND BAR, CA 91765

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

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, Acting City Clerk
Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 738 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 739 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 740 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 741 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 742 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 743 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 12
Menifee Mayor and City Council June 21, 2023 Page 744 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 13
Menifee Mayor and City Council June 21, 2023 Page 745 of 2227 Item Title: 10.24
Notice of Completion and Acceptance for the Sun City Community Pedestrian Project, CIP 22-20 and Lazy Creek Community Pedestrian Project, CIP 22-21
Item Page Number: 14
Menifee Mayor and City Council June 21, 2023 Page 746 of 2227

CITY OF MENIFEE
SUBJECT: Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden
Meadowland, LLC, A Florida Limited Liability Company.

MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Daniel Padilla, City Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the security agreement for the installation of monuments to guarantee the completion of required improvements associated with Parcel Map 38248, located northwest of the intersection of Wickerd Road and Ascot Way; and

2. Approve and authorize the filing of the finance map for Parcel Map 38248.

DISCUSSION
Parcel Map 38248 (PM38248), also known as “Golden Meadows”, is a proposed subdivision of 206.804 gross acres of land into four lots for residential use. The project is located northwest of the intersection of Wickerd Road and Ascot Way.

The property owners, Golden Hill Country, LLC, a Florida Limited Liability Company and Golden Meadowland, LLC, a Florida Limited Liability Company, are now requesting approval and filing of the parcel map for financing purposes. Monumentation securities are required to be posted to guarantee the completion of conditioned improvements within 24 months from the City Council approval date of the parcel map and associated agreements.

Staff has reviewed the request and has determined that finance map meets the requirements of the project conditions. A summary of the bond being posted to guarantee the required improvements are shown in Table 1 on the following page.

Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 747 of 2227 City of Menifee Staff Report
Parcel Map 38248 Golden Meadows
June 21, 2023

Page 2 of 2 ends

Table 1- PM 38248 Monuments
Improvement Security Faithful
Performance
Labor & Materials
Survey Monument 79010223846 $90,720 N/A
Total $90,720 N/A

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Project Location Map

2. Parcel Map 38248

3. Agreement

4. Bond

5. Covenants
Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 748 of 2227 PROJECT MAP PM38248
Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 749 of 2227 SHEET 1 OF 6
SHEETS
MARCH 8
No. 7874
N

DANIEL PADILLA
NO. 9481
Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 750 of 2227 SHEET 2 OF 6
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Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 5
Menifee Mayor and City Council June 21, 2023 Page 751 of 2227 SHEET 3 OF 6
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Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 752 of 2227 SHEET 4 OF 6
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Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 753 of 2227 SHEET 5 OF 6
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Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 754 of 2227 SHEET 6 OF 6
SHEETS
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Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 755 of 2227 SHEET 1 OF 1
SHEET
N

Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 756 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 757 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 12
Menifee Mayor and City Council June 21, 2023 Page 758 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 13
Menifee Mayor and City Council June 21, 2023 Page 759 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 14
Menifee Mayor and City Council June 21, 2023 Page 760 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 15
Menifee Mayor and City Council June 21, 2023 Page 761 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 16
Menifee Mayor and City Council June 21, 2023 Page 762 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 17
Menifee Mayor and City Council June 21, 2023 Page 763 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 18
Menifee Mayor and City Council June 21, 2023 Page 764 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 19
Menifee Mayor and City Council June 21, 2023 Page 765 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 20
Menifee Mayor and City Council June 21, 2023 Page 766 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 21
Menifee Mayor and City Council June 21, 2023 Page 767 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 22
Menifee Mayor and City Council June 21, 2023 Page 768 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 23
Menifee Mayor and City Council June 21, 2023 Page 769 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 24
Menifee Mayor and City Council June 21, 2023 Page 770 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 25
Menifee Mayor and City Council June 21, 2023 Page 771 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 26
Menifee Mayor and City Council June 21, 2023 Page 772 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 27
Menifee Mayor and City Council June 21, 2023 Page 773 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 28
Menifee Mayor and City Council June 21, 2023 Page 774 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 29
Menifee Mayor and City Council June 21, 2023 Page 775 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 30
Menifee Mayor and City Council June 21, 2023 Page 776 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 31
Menifee Mayor and City Council June 21, 2023 Page 777 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 32
Menifee Mayor and City Council June 21, 2023 Page 778 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 33
Menifee Mayor and City Council June 21, 2023 Page 779 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 34
Menifee Mayor and City Council June 21, 2023 Page 780 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 35
Menifee Mayor and City Council June 21, 2023 Page 781 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 36
Menifee Mayor and City Council June 21, 2023 Page 782 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 37
Menifee Mayor and City Council June 21, 2023 Page 783 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 38
Menifee Mayor and City Council June 21, 2023 Page 784 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 39
Menifee Mayor and City Council June 21, 2023 Page 785 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 40
Menifee Mayor and City Council June 21, 2023 Page 786 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 41
Menifee Mayor and City Council June 21, 2023 Page 787 of 2227 Item Title: 10.25
Security Agreement and Finance Map for Financing Purposes, Parcel Map 38248, by Golden Hill Country, LLC, A Florida Limited Liability Company and by Golden Meadowland, LLC, A Florida Limited Liability Company.

Item Page Number: 42
Menifee Mayor and City Council June 21, 2023 Page 788 of 2227

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center -
Camden Place, by RSI Communities – California, LLC
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, recycled water, and sewer for Tract Map 37067, Camden Place, located on the northwest corner of La Piedra Road and Great Oak Road; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
RSI Communities - California, LLC is the developer of Camden Place Tract 37067, a subdivision of 28.68 gross acres into 151 lots for residential purposes. The tract is located on the northwest corner of La Piedra Road and Great Oak Road, as depicted in the attached Project Map. As part of the development requirements, RSI Communities – California, LLC, constructed streets, drainage, water, recycled water and sewer system improvements.

RSI Communities – California, LLC has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and material and labor security in accordance with City policy. A 10% warranty security would be held from the faithful performance security for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 on the following page.

Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 789 of 2227 City of Menifee Staff Report
Public Improvements Tract Map 37067
June 21, 2023

Page 2 of 2 ends

Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage PB03010404966 $ 2,945,000 $ 1,472,500
Water System PB03010404966 $ 522,000 $ 261,000
Recycled Water System PB03010404966 $ 28,000 $ 14,000
Sewer System PB03010404966 $ 499,000 $ 249,500
Total $ 3,994,000 $ 1,997,000

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2017- 1, Zone 1.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Recycled Water System

5. Agreement – Sewer System

6. Bond
Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 790 of 2227 TRACT NO. 37067

EXHIBIT A
Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 791 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 792 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 5
Menifee Mayor and City Council June 21, 2023 Page 793 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 794 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 795 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 796 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 797 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 798 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 799 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 12
Menifee Mayor and City Council June 21, 2023 Page 800 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 13
Menifee Mayor and City Council June 21, 2023 Page 801 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 14
Menifee Mayor and City Council June 21, 2023 Page 802 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 15
Menifee Mayor and City Council June 21, 2023 Page 803 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 16
Menifee Mayor and City Council June 21, 2023 Page 804 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 17
Menifee Mayor and City Council June 21, 2023 Page 805 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 18
Menifee Mayor and City Council June 21, 2023 Page 806 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 19
Menifee Mayor and City Council June 21, 2023 Page 807 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 20
Menifee Mayor and City Council June 21, 2023 Page 808 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 21
Menifee Mayor and City Council June 21, 2023 Page 809 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 22
Menifee Mayor and City Council June 21, 2023 Page 810 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 23
Menifee Mayor and City Council June 21, 2023 Page 811 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 24
Menifee Mayor and City Council June 21, 2023 Page 812 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 25
Menifee Mayor and City Council June 21, 2023 Page 813 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 26
Menifee Mayor and City Council June 21, 2023 Page 814 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 27
Menifee Mayor and City Council June 21, 2023 Page 815 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 28
Menifee Mayor and City Council June 21, 2023 Page 816 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 29
Menifee Mayor and City Council June 21, 2023 Page 817 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 30
Menifee Mayor and City Council June 21, 2023 Page 818 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 31
Menifee Mayor and City Council June 21, 2023 Page 819 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 32
Menifee Mayor and City Council June 21, 2023 Page 820 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 33
Menifee Mayor and City Council June 21, 2023 Page 821 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 34
Menifee Mayor and City Council June 21, 2023 Page 822 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 35
Menifee Mayor and City Council June 21, 2023 Page 823 of 2227 Item Title: 10.26
Acceptance of Public Improvements and 90% Release of Security for Tract Map 37067, Menifee Town Center - Camden Place, by RSI Communities – California, LLC
Item Page Number: 36
Menifee Mayor and City Council June 21, 2023 Page 824 of 2227

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB
Home Coastal, Inc.

MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize the Public Works Director to accept the public improvements for Underwood Park, Tract Map 29835-2, located south of Rouse Road and east of Hopscotch Drive; and

2. Adopt a resolution approving the Grant Deed and Certificate of Acceptance for Underwood Park; and

3. Authorize the Public Works Director to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
KB Home Coastal, Inc. is the developer of Underwood (also known as Shadow Mountain), a subdivision of 514 Single-Family residential homes on 235.1 acres. The Project is divided into five tract maps including TM29835-1, TM29835-2, TM29835-3, TM29835-4, and TM2983-5. The Underwood development is generally located west of Palomar Road on both the north and south sides of Rouse Road.

As part of the development requirements, the Developer constructed a neighborhood park (Underwood Park) which includes a restroom, picnic areas, a tot-lot, shade structures, a turf soccer field, basketball court, walkways, and parking lot. Underwood Park is situated within Tract 29835-2, a subdivision of 65 single-family residential homes on 87.5 acres and is located south of Rouse Road and east of Hopscotch Drive, as depicted in the attached Project Map. Underwood Park is now complete and is conditioned to be dedicated to the City as a public park. The Developer is accordingly requesting acceptance of the completed park improvements into the City’s maintenance system.

Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 825 of 2227 City of Menifee Staff Report
Underwood Park Acceptance – TM 29835-2
June 21, 2023

Page 2 of 2 ends

Underwood Park will be eligible for acceptance by the City as of July 1, 2023, at the conclusion of the required 90-day Developer-maintenance period. Authorizing the Public Works Director to accept the public improvements would allow staff to accept the park on this date, and not delay acceptance to the next regular meeting of the City Council (July 19, 2023).

At this time, the Public Works Engineering Department and Community Services Department have inspected the completed improvements, determined that the park improvements have been constructed in accordance with City specifications and standards, and have verified that all project conditions of approval have been met to release the performance security and material and labor security in accordance with City policy.

A 10% warranty security would be held from the faithful performance security for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 below.

Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Landscape 024252535 $ 3,055,500 $ 1,527,750

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits to cover the costs of the required inspections of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2023/2024 operating budgets in Community Facilities District (CFD) 2015- 2, Zone 20.

The current estimated value of the Underwood Park improvements is $3,055,500. This value does not include the value of the real properties, which is estimated at $700,000 for a total park value of $3,755,500. Once accepted, these facilities will be added to the City of Menifee Fixed Asset Report Inventory.

ATTACHMENTS

1. Project Map

2. Resolution; Exhibit A – Grant Deed; Exhibit B – Certificate of Acceptance

3. Improvement Agreement

4. Bond
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 2
Menifee Mayor and City Council June 21, 2023 Page 826 of 2227

VICINITY MAP

PROJECT MAP GADGET DRIVE

ANTELOPE ROAD

HOPSCOTCH

DRIVE ANTELOPE ROAD

PARK SITE
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 3
Menifee Mayor and City Council June 21, 2023 Page 827 of 2227 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING THE CERTIFICATE OF ACCEPTANCE FOR UNDERWOOD PARK WHEREAS, the City of Menifee was incorporated on October 1, 2008, and pursuant to the Terms and Conditions of incorporation, upon incorporation assumed authority over parks in the City’s boundaries pursuant to Resolution No. 08-24 as of that date; and WHEREAS, Underwood Park was built on Tract 29835-2, recorded as Book 478 of Maps, pages 70 through 80, inclusive, and dedicated to the City of Menifee as a condition of approval of the final tract map; and
WHEREAS, the form of the Grant Deed granting Underwood Park, described as Lot 71 of recorded Tract Map 29835-2, from KB Home Coastal, Inc. to the City, attached hereto as Exhibit “A”, has been reviewed by City Staff; and
WHEREAS, in order to satisfy the original condition of approval and complete the transfer of Underwood Park from KB Home Coastal, Inc. to the City, the City Council now desires to accept the Grant Deed and issue the Certificate of Acceptance (in the form attached hereto as Exhibit “B”) through adoption of this Resolution.

NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:

Section 1. Approval of Certificate of AcceptanceThe City of Menifee hereby accepts and approves the Grant Deed and Certificate of Acceptance for Underwood Park, which is located on Lot 71 of Tract 29835-2 as filed in Book 478 of Maps, pages 70 through 80 inclusive.

PASSED, APPROVED AND ADOPTED this 21st day of June, 2023.

Bill Zimmerman, Mayor
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 4
Menifee Mayor and City Council June 21, 2023 Page 828 of 2227 Recording Requested By:

City of Menifee
WHEN RECORDED MAIL TO:

City of Menifee
29844 Haun Rd.

Menifee, CA 92586
No Fee, Government Code Section 6103
Benefit of City of Menifee

SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ 0
....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or encumbrances Remaining at time of sale. SEE ATTACHED_________________________________ APN 331-540-006 Signature of Declarant or Agent determining tax – Firm name

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KB Home Coastal, Inc.
hereby GRANTS IN FEE to the City of Menifee, a Municipal Corporation the real property in the City of Menifee, County of Riverside, State of California, described as:

LOT 71 OF TRACT NO. 29835-2, AS SHOWN BY MAP ON FILE IN BOOK 478, PAGES 70 THROUGH 80, INCLUSIVE OF MAPS ON FILE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

STATE OF CALIFORNIA }SS. ____________________________________________________________ COUNTY OF ____________________________ } Signature
____________________________________________________________ ON _________________________________________ before me, Print Name _______________________________________,a notary public ___________________________________________________________ personally appeared ___________________________________ Title/Company (if applicable) ___________________________________________________ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________________________ Of Notary Public
*SEE ADDITIONAL SHEETS FOR ADDITIONAL NOTARIES*
MAIL TAX STATEMENTS TO:

SAME AS ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT "A" Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 5
Menifee Mayor and City Council June 21, 2023 Page 829 of 2227

CERTIFICATE OF ACEPTANCE
(GOVERNMENT CODE SECTION 27281)
This is to certify that the interest in real property conveyed by Grant Deed, by KB Home Coastal, Inc. to the City of Menifee, a Municipal Corporation, is hereby accepted in fee by the undersigned officer or agent on behalf of the City of Menifee pursuant to authority conferred by Resolution No._______________________, adopted by the City Council of the City of Menifee on_______________,20_____ and the City consents to the recordation thereof by its duly authorized officer.

By:___________________________________
Bill Zimmerman
Mayor, City of Menifee
Date____________________________
Attest:
________________________________
Stephanie Roseen, Acting City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of __________________ )
County of ________________ )
On ________________ before me _____________________________________________________ (Insert name and title of officer)
personally appeared _______________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under Penalty of Perjury, under the laws of the State of California, that the foregoing paragraph is true and correct.

Witness my hand and official seal
Signature _______________________________ (Seal)
EXHIBIT "B" Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 6
Menifee Mayor and City Council June 21, 2023 Page 830 of 2227 3(7(5$/'$1$

COUNTY OF RIVERSIDE

ASSESSOR-COUNTY CLERK-RECORDER

DOCUMENTARY TRANSFER TAX AFFIDAVIT

WARNING
Recorder
P.O. Box 751
Riverside, CA 92502-0751
(951) 486-7000
Website: www.riversideacr.com

ANY PERSON WHO MAKES ANY MATERIAL MISREPRESENTATION OF FACT FOR THE PURPOSE OF AVOIDING ALL OR ANY PART OF THE DOCUMENTARY TRANSFER TAX IS GUILTY OF A MISDEMEANOR UNDER SECTION 5 OF ORDINANCE 516 OF THE COUNTY OF RIVERSIDE AND IS SUBJECT TO PROSECUTION FOR SUCH OFFENSE.

ASSESSOR’S PARCEL NO. I declare that the documentary transfer tax for this Property Address: transaction is: $ .

If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.

I CLAIM THAT THIS TRANSACTION IS EXEMPT FROM DOCUMENTARY TRANSFER TAX BECAUSE: (The Sections listed below are taken from the Revenue and Taxation Code with the exception of items 9 and 10 which are taken from Riverside County Ordinance 516). Please check one or explain in “Other”.

1. ____Section 11911. The consideration or value of the property, exclusive of any liens and encumbrances is $100.00 or less and there is no additional consideration received by the grantor.

2. ____Section 11911. The conveyance transfers to a revocable living trust by the grantor or from a revocable living trust to a beneficiary.

3. ____Section 11921. The conveyance was given to secure a debt.

4. ____Section 11922. The conveyance is to a governmental entity or political subdivision.

5. ____Section 11925. The transfer is between individuals and a legal entity or partnership, or between legal entities and does not change the proportional interests held.

6. ____Section 11926. The conveyance is to a grantee who is the foreclosing beneficiary and the consideration paid by the foreclosing beneficiary does not exceed the unpaid debt.

7. ____Section 11927. The conveyance relates to a dissolution of marriage or legal separation. (A spouse must sign a written recital in order to claim this exemption. This form may be used for that purpose.)

8. ____Section 11930. The conveyance is an inter vivos gift* or a transfer by death. *Please be aware that information stated on this document may be given to and used by governmental agencies, including the Internal Revenue Service. Also, certain gifts in excess of the annual Federal gift tax exemption may trigger a Federal Gift Tax. In such cases, the Transferor (donor/grantor) may be required to file Form709 (Federal Gift Tax Return) with the Internal Revenue Service.

9. ____Section 8. The easement is not perpetual, permanent, or for life.

10. ____Section 9. The document is a lease for a term of less than (35) years(including written options.)

11. ____Other (Include explanation and legal authority) ________________________________________ ___________________________________________________________________________________________ I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed this day of , 20______ at .

City State
Signature of Affiant Printed Name of Affiant
Name of Firm (if applicable) Address of Affiant (including City, State, and Zip Code) Telephone Number of Affiant (including area code)
This form is subject to the California Public Records Act (Government Code 6250 et. seq.) For Recorder’s Use:

Affix PCOR Label Here
ACR 521 (Rev. 11/2014) Available in Alternate Formats
331 --540 --006
LOT 71, TR 29835-2, MB 478/70-80 0
Transfer of Lot for Park
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 7
Menifee Mayor and City Council June 21, 2023 Page 831 of 2227 BOE-502-A (P1) REV. 12 (05-13)
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PART 1. TRANSFER INFORMATION Please complete all statements.

YES
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- 7KHUHFRUGHGGRFXPHQWVXEVWLWXWHVDWUXVWHHRIDWUXVWPRUWJDJHRURWKHUVLPLODUGRFXPHQW G. This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). ,I<(6SOHDVHH[SODLQ

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Please provide any other information that will help the Assessor understand the nature of the transfer. *
*
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MO DAY YEAR
M. This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel EHLQJWUDQVIHUUHGUHPDLQH[DFWO\WKHVDPHDIWHUWKHWUDQVIHU 1$0($1'0$,/,1*$''5(662)%8<(575$16)(5((
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Peter Aldana
Assessor-County Clerk-Recorder
County of Riverside
PO Box 751
Riverside, CA 92502-0751
Phone: (951) 955-6200
www.riversideacr.com

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
331-540-006
951 672-6777
LOT 71, TR 29835-2, MB 478/70-80

CITY OF MENIFEE
29844 HAUN ROAD MENIFEE CA 92586
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Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 8
Menifee Mayor and City Council June 21, 2023 Page 832 of 2227 BOE-502-A (P2) REV. 12 (05-13)
Remaining term in years (including written options)

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Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 9
Menifee Mayor and City Council June 21, 2023 Page 833 of 2227 BOE-502-A (P3) REV. 12 (05-13)
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EF-502-A-R12-0513-33000408-3
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 10
Menifee Mayor and City Council June 21, 2023 Page 834 of 2227 PART 3: PURCHASE PRICE AND TERMS OF SALE
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EF-502-A-R12-0513-33000408-4
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 11
Menifee Mayor and City Council June 21, 2023 Page 835 of 2227

AGREEMENT

FOR THE CONSTRUCTION OF CFD LANDSCAPE IMPROVEMENTS
TRACT 29835-2, tP18-052L
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City Coastal. lnc. , hereinafter called Developer.
, and KB Home
WITNESSETH:

FIRST: Developer, as parl of the City's consideration of the final map for that certain land division known as Tract 29835-2 , hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date thts Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at vwilliamsrO home.com All the above required work shall be done under the inspectjon of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintarn the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Three Million Fiftv Five Thousand Five Hundred and no/100, Dollars, $ 3.055.500.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and speclfications and for inspecting the construction of sard work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, includlng reasonable attorney's fees, and that, upon entry of Judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property in.lured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27 Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 12
Menifee Mayor and City Council June 21, 2023 Page 836 of 2227 agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cosl incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permisston to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Costs. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop slgns, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty-eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27 Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 13
Menifee Mayor and City Council June 21, 2023 Page 837 of 2227 EIGHTH' Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of sard bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to exitend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall tn no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the coufts held to be unlavvful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provisron held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH. ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior wntten consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27 Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 14
Menifee Mayor and City Council June 21, 2023 Page 838 of 2227 Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specrfications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consrstent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses.

Crlv
City of Menifee
29844 Haun Road
Menifee, CA 92586
KB Home Coastal, lnc.
36310 lnland Valley Drive
Wildomar, CA 92595
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENry-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Develooer
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27 Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 15
Menifee Mayor and City Council June 21, 2023 Page 839 of 2227 lN WITNESS WHEREOF, Developer has affixed his name, address and seal.

Dated: May 26,2021 By: KB Home Coastal, lnc.
cott Hansen
VP, Forward Planning
Dated: ,2021 CITY OF MENIFEE
By
Yolanda Maca
3 By
Bill Zimmerman, Mayor
ATTEST:

By By
Sarah Manwa s, City Clerk Jeffery T. Melching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
ng City Engineer
APPROVED AS TO FORM:

CIry OF MENIFEE
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27 Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 16
Menifee Mayor and City Council June 21, 2023 Page 840 of 2227 lN WITNESS WHEREOF, Developer has affixed his name, address and seal Dated: _,2021
Scott Hansen
VP, Forward Planning
Dated ,2021 CITY OF MENIFEE

CITY OF MENIFEE
By
Armando G. Villa, City Manager
ATTEST:

By
Daniel Padilla, City Engineer
APPROVED AS TO FORM:

By:

By
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
By: KB Home Coastal. lnc.

DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 July 21
Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 17
Menifee Mayor and City Council June 21, 2023 Page 841 of 2227 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document
on 5blc before me, Shannon Luebs, Notary Public,
personally appeared Scott Hansen, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/he#their authorized capacity(ies), and that by his/h€#their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

S}IANNON LUEBS
Nolary Publc - Crlilolnir
RrYarlic! Counly
Cori0rrsDn , 220934{
ily Comm Er9re. AuS 10.2021
Shannon Luebs (SEAL)
State of California I
County
"t ^rr"* i
I
DocuSign Envelope ID: 4F57ADCE-A4B5-4477-83A3-892230D1F193 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 18
Menifee Mayor and City Council June 21, 2023 Page 842 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 19
Menifee Mayor and City Council June 21, 2023 Page 843 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 20
Menifee Mayor and City Council June 21, 2023 Page 844 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 21
Menifee Mayor and City Council June 21, 2023 Page 845 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 22
Menifee Mayor and City Council June 21, 2023 Page 846 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 23
Menifee Mayor and City Council June 21, 2023 Page 847 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 24
Menifee Mayor and City Council June 21, 2023 Page 848 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 25
Menifee Mayor and City Council June 21, 2023 Page 849 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 26
Menifee Mayor and City Council June 21, 2023 Page 850 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 27
Menifee Mayor and City Council June 21, 2023 Page 851 of 2227 Item Title: 10.27
Acceptance of Public Improvements and 90% Release of Security for Tract Map 29835-2, Underwood Park, by KB Home Coastal, Inc.

Item Page Number: 28
Menifee Mayor and City Council June 21, 2023 Page 852 of 2227

CITY OF MENIFEE
SUBJECT: Annual Levy for Landscape and Lighting Maintenance Districts for Fiscal Year 2023/2024
MEETING DATE: June 21, 2023
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Margarita Cornejo, Acting Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution ordering the levy and collection of assessments within Landscaping and Lighting Maintenance District No. 89-1-C for Fiscal Year 2023/2024.

DISCUSSION
An Engineer’s Report has been prepared to determine the costs to provide landscape lighting and maintenance services, and the corresponding assessments, for Landscaping and Lighting Maintenance District (LLMD) No. 89-1-C for Fiscal Year (FY) 2023/2024. The proposed adjusted assessment rates are described in Attachment A.

The process for implementing the adjusted rates commenced on May 17, 2023, when the City Council adopted Resolution of Intention No. 23-1324. The matter now before the City Council is the next and final step in the process – the Public Hearing and consideration of a resolution ordering the levy and collection of the proposed LLMD assessments in the upcoming fiscal year.

The Public Hearing notice was published June 7, 2023, in the Press Enterprise newspaper to ensure the public would be advised of the assessments and the City Council’s upcoming consideration of the matter. In addition, and as required by the Landscaping and Lighting Act of 1972, the proposed resolution can only be acted on after conducting a public hearing.

Adoption of the attached Resolution confirms the assessments to be levied as indicated in the Engineer’s Report for FY 202320/24 for LLMD 89-1-C and orders the placement of the annual assessments on the County’s Assessment Roll.

Item Title: 11.1
Annual Levy for Landscape and Lighting Maintenance Districts for Fiscal Year 2023/2024 Item Page Number: 1
Menifee Mayor and City Council June 21, 2023 Page 853 of 2227 City of Menifee Staff Report
Fiscal Year 2023/24 Annual Levy for Landscape and Lighting Maintenance Districts June 21, 2023

Page 2 of 2 ends

Menifee City CouncilJune 21, 2023

Menifee City Council
June 21, 2023