Agenda packet — Menifee City Council, November 15, 2023 (part 2 of 4)

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STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact associated with the recommended action as the amount of holiday hours for members of the MPMA remain the same.

ATTACHMENTS

1. MPMA Side Letter - Holiday Pay Options
Item Title: 10.4
Menifee Police Management Association Side Letter Agreement Item Page Number: 2

Menifee Mayor and City Council
November 15, 2023
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SIDE LETTER AGREEMENT

TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF MENIFEE
AND

THE MENIFEE POLICE MANAGEMENT ASSOCIATION
The parties agree to modification to the Fiscal Year 2021 through 2024 Memorandum of Understanding (MOU) as amended and extended, as indicated below.

The parties understand and agree that this side letter is being entered into following the meet and confer process. The parties agree to the terms and conditions indicated below.

The language under Section 26, Holiday Leave, Sub-section C – Holiday Pay Options, is amended by updating and replacing the sub-section with the new language as presented herein:

SECTION 26 – HOLIDAY LEAVE
Current Language
C. Holiday Pay Options. Employees required to work holidays will receive a bank of 112.5 hours of holiday hours during the first full pay period following July 1. The employee will be required to schedule a period of 40 holiday hours, with the option for 80 holiday hours of consecutive leave during a period between July 1 and June 30 of the fiscal year (sabbatical).

Effective fiscal year July 1, 2021 to June 30, 2022, a maximum of 40 holiday hours may be cashed out on the last pay period of the fiscal year. Effective fiscal year July 1, 2022 to June 30, 2023 and each fiscal year thereafter, a maximum of 80 holiday hours may be cashed out on the last pay period of the fiscal year. Any hours remaining in employee’s holiday bank exceeding 80 hours shall be lost with no compensation.

If an employee separates from employment or is reassigned to a position which no longer requires the employee to work holidays, they will only be compensated for actual earned holidays and the remaining hours will be eliminated from the employee’s holiday bank.

Members who don’t receive the holiday bank of time and who are required to work on a holiday, or when a holiday falls on a member’s regular day off shall have an amount of time commensurate to their regular shift placed into their holiday bank.

New Language
C. Holiday Pay Options. Employees will receive a holiday bank of 112.5 hours during the first full pay period following July 1. Employees will be required to schedule 40 holiday leave hours during the fiscal year between July 1 and June 30.

If an employee separates from employment, they will only be compensated for actual earned and unused holidays. The remaining hours will be eliminated from the employee’s holiday bank.

Item Title: 10.4
Menifee Police Management Association Side Letter Agreement Item Page Number: 3

Menifee Mayor and City Council
November 15, 2023
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Employees who did not receive a holiday bank on July 1, 2023 will start with a prorated holiday bank. City authorized holidays listed within this MOU which have already occurred will be deducted from the holiday bank allotment.

All other Sections and Sub-sections of the MOU remain in full force and effect.

The undersigned agree to the terms as stated in this side letter agreement and support its implementation.

City of Menifee Menifee Police Management
Association
________________________________
Jonathan Nicks, Deputy City Manager
________________________________
Tiffany Moran, Managing Labor
Representative
________________________________
Natalie Jacobs, Human Resources
Supervisor
________________________________
Jason Adams, Menifee Police Management
Association President
________________________________
Paul Barbieri, Menifee Police Management
Association Vice President
Item Title: 10.4
Menifee Police Management Association Side Letter Agreement Item Page Number: 4

Menifee Mayor and City Council
November 15, 2023
Page
240 of 672

CITY OF MENIFEE
SUBJECT: Employee Teleworking Program Policy
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resource Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Receive and review the Administrative Policy for the City’s Teleworking Program.

DISCUSSION
In August 2022, the City Council approved Memorandums of Understandings (MOUs) with the Menifee City Employees’ Association (MCEA) including the General, Professional, and Mid- Management Units. Article 1, Section 4 of each MOU establishes a Labor Committee Review to further negotiate three items: a 4/10 work schedule option, a Telework Policy, and an employee rewards program. Beginning in January 2023, the City and MCEA began developing and negotiating a formal administrative policy for the City’s Telework Program (Program). The purpose of this Program is to establish eligibility requirements, expectations, rules, and parameters for employees to participate in telework.

Teleworking allows employees to work from an alternative worksite for a portion of their regularly scheduled work hours. The Program would ensure that, while teleworking, employees perform their job duties and, in doing so, provide quality and beneficial work in a timely manner. The City considers teleworking to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Teleworking may be appropriate for some employees and jobs, but not for all.

The Teleworking Policy drafted in collaboration between the MCEA and the City’s executive staff, includes the following parameters:
•Teleworking is not an entitlement, nor is it an employee benefit, and it in no way changes an employee’s salary, compensation, benefits, or the employee-employer relationship or terms and conditions of employment with the City.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 1

Menifee Mayor and City Council
November 15, 2023
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City of Menifee Staff Report
Employee Teleworking Program
November 15, 2023

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•Management possesses the discretionary authority to determine the job classifications, positions, and employees who are eligible to Telework under this Policy. •It may not be feasible for all eligible staff to telework a minimum percentage of their work schedule based on work responsibilities.
•Departments shall make every effort to allow their eligible staff to Telework a minimum of twenty-five percent (25%) of their regular work schedule, but will evaluate several factors including:
oEmployee’s overall performance rating cannot be “needs improvement” in their most recent performance evaluation.
oShould a performance issue develop at any time during a telework agreement the department Director may revoke authorization to telework. oIdentifying regular work assignments that are suitable for Telework and the appropriate length of the telecommuting assignment including its operational feasibility for the department.
oAttendance at on-site meetings, work-related events, in-person training and other activities which demand their physical presence as may be required by management with reasonable notice.
oLevel of interaction with key stakeholders, co-workers, and the public needed to properly perform core functions.

The Program is intended to attract, recruit, and retain a diverse and competent workforce to provide a high level of service to the Menifee community while offering an opportunity for work/life balance for employees. To address recruitment and retention issues, the Human Resources Department interviews all employees who separate from City employment (i.e. resignations and retirements). From the interviews conducted over the previous 12 months, 40% of respondents indicated that an alternative work schedule was a contributing factor to seek employment elsewhere.

Additionally, on October 4, 2023, the City Council established a list of 12 comparator agencies for the Citywide Classification and Compensation Study. Following a thorough analysis, these agencies were identified as being most logically aligned with the City, as well as being in direct competition for the same workforce. Of the 12 agencies, 8 of them confirmed having either a teleworking program or other form of alternative work schedule. Establishment of a Telework program is aimed at addressing challenges regarding employee retention and to increase employee satisfaction while maintaining competitiveness within the market.

STRATEGIC PLAN OBJECTIVE
Regular City Business
Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 2

Menifee Mayor and City Council
November 15, 2023
Page
242 of 672

City of Menifee Staff Report
Employee Teleworking Program
November 15, 2023

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FISCAL IMPACT
There is no immediate fiscal impact associated with the recommended action. Teleworking could potentially allow for future space savings within the office buildings with the possibility of shared workstations.

ATTACHMENTS

1. Teleworking Program
Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 3

Menifee Mayor and City Council
November 15, 2023
Page
243 of 672

CITY OF MENIFEE
Administrative Policy
Policy Number: AD- xx
Approving Authority:

City Manager
Subject
Teleworking Program
Effective Date:

TBD
Last Modified: N/A

1. PURPOSE
The purpose of this Policy is to set forth the City of Menifee’s eligibility requirements, expectations, rules, and parameters for employees to participate in telework.

Teleworking allows employees to work from an alternative worksite for all or a portion of their regularly scheduled work hours and to ensure that, for the duration of such telework, employees perform their job duties and, in doing so, provide quality work in a timely manner, and to benefit the public. The City of Menifee considers teleworking to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Teleworking may be appropriate for some employees and jobs but not for all.

2. DEFINITIONS
“Alternative Worksite” means the employee’s home, place of residence or another location approved by the City other than the employee’s normal workplace at a City worksite or facility.
“Intermittent telework” means the employee teleworks with supervisor’s pre-approval on an irregular basis, typically covering a single day or a short period of time (i.e., telework hours are not part of an ongoing and regular telework schedule). Intermittent telework is also referred to as episodic, situational, or ad-hoc telework. Intermittent telework may be planned in advance and requested to accommodate personal obligations in an effort to maximize productive work time (e.g., planned around medical appointment, training, partial day desk work), or requested when unanticipated personal obligations might otherwise interrupt a working day (e.g., car trouble, road closures, weather related issues).

Intermittent telework must be approved by the employee’s supervisor and will not be used in lieu of leave time.
“Exigent circumstances” means a situation in which there is an imminent threat of extreme peril to life, property and resources.
“Telework(ing)” means a work arrangement under which an employee works from their home, place of residence or another location other than the employees’ normal workplace at a City worksite or facility (“Alternative Worksite”) for all or a portion of their regularly scheduled work hours.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 4

Menifee Mayor and City Council
November 15, 2023
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Teleworking Program Page 2 of 9
ME410\001\12100682.v3
“Telework Agreement” means a written agreement documenting the terms and approval of a teleworking arrangement between the City and an employee who is approved to telework.
“Work Schedule” means the days and hours determined by supervisors or managers during which employees should be in attendance at the Alternative Worksite. The Work Schedule shall provide for and include the rest and meal breaks required under any applicable memorandum of understanding, contract, or the City’s Personnel Rules and Regulations.

3. SCOPE
This Policy applies to all City employees. This Policy covers teleworking voluntarily requested by a City employee and provided by the City, subject to the conditions and requirements in this Policy. If a provision in this Policy conflicts with a provision in the City’s Personnel Rules and Regulations or any applicable memorandum of understanding (“MOU”) or contract, then the provision(s) of the City’s Personnel Rules and Regulations or applicable MOU or contract will apply. Teleworking is not an entitlement, nor is it an employee benefit, and it in no way changes an employee’s salary, compensation, benefits, or the employee-employer relationship or terms and conditions of employment with the City of Menifee. A City department may have additional Teleworking requirements, guidelines, or procedures, provided they are consistent with the intent of this program.

4. POLICY
The City Manager or Department Director, or their designee, possess the discretionary authority to determine the job classifications, positions, and employees who are eligible to telework under this Policy. It may not be feasible for all eligible staff to telework a minimum percentage of their work schedule based on work responsibilities. However, each department shall make every effort to allow their eligible staff to telework a minimum of twenty-five percent (25%) of their regular work schedule. This Policy does not prevent a Department Director from allowing eligible staff to telework more than 25%. Removal or denial of a telework agreement is not punitive and is not a grievable or appealable matter.

A. General Eligibility:
a. The City Manager or Department Director, or their designee, may make eligibility determinations using criteria including, but not limited to, the following:
i. The employee’s overall performance rating cannot be “needs improvement” in their most recent performance evaluation. The Department Director has the discretion to allow the employee to telework when their work performance improves to a “meets requirements” rating prior to a formal evaluation.
ii. Should a performance issue develop at any time during the agreement the department director may revoke authorization.
iii. Employees on a Performance Improvement Plan (PIP) are not eligible to telework until the PIP is satisfactorily completed.
iv. The operational needs of the City and employee’s department and division.
v. The disruption of or potential for disruption to the City’s functions.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 5

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November 15, 2023
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Teleworking Program Page 3 of 9
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vi. The ability of the employee to perform their job duties (both essential and marginal) from an Alternative Worksite without diminishing the quantity or quality of the work performed.
vii. The degree to which the employee’s job functions requires face-to-face interaction with other City employees, contractors, businesses, and members of the public.
viii. The employee’s length of service with the City, department, or division. ix. The portability of the employee’s work, including the employee’s ability to remotely access tools, equipment, and materials necessary to perform their job functions.
x. The availability of or ability to create a functional, reliable, healthy, safe, and secure Alternative Worksite for the employee.
xi. The risk factors associated with performing the employee’s job duties from a location other than the employee’s normal workplace at a City worksite or facility.
xii. The City’s capacity to monitor and measure the employee’s work performance at the Alternative Worksite.
xiii. The employee’s supervisory responsibilities.
xiv. The employee’s need for supervision.
xv. Other considerations deemed necessary and appropriate by the City or department, including tax and other legal implications of teleworking. xvi. Completion of IT designated orientation session before commencing telework.

B. Employee Suitability:
a. The supervisor and/or manager will also assess the needs and work habits of the employee, compared to traits customarily recognized as appropriate for successful teleworkers. These traits may include but are not limited to:
i. Demonstrated dependability and responsibility
ii. Effective communication
iii. Demonstrated motivation
iv. Ability to work independently
v. Consistent high rate of productivity
vi. High level of skill and job knowledge
vii. Ability to prioritize effectively
viii. Good organizational and time management skills
C. Job Responsibilities:
a. The employee and supervisor will discuss the employee’s job responsibilities and determine if the job is appropriate for a telework arrangement. The supervisor shall consider the following when evaluating a request for telework:
i. Identifying regular work assignments that are suitable for telework. ii. Identifying the appropriate length of the telecommuting assignment, and its operational feasibility for the department.
iii. Supervisory or lead responsibilities over subordinate staff which require on- site presence.
iv. Attendance at on-site meetings, work-related events, in-person training and other activities which demand their physical presence as may be required by management with reasonable notice.
v. Level of accessibility by telephone and/or email during regular scheduled work hours.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 6

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November 15, 2023
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Teleworking Program Page 4 of 9
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vi. Level of interaction with key stakeholders, co-workers, and the public needed to properly perform core functions.

D. Tax and Legal Implications:
a. The employee is responsible for identifying and accepting any tax or legal implications under federal, state, and local government regulations pertaining to Teleworking, including working out of a home-based office. Responsibility for fulfilling all obligations in this regard rests solely with the employee.

E. Equipment Needs:
a. The employee and supervisor or manager will review the physical workspace needs and the requested Alternative Worksite.
b. Employees must receive City approval to use personal computer equipment and other technological devices when teleworking.
c. The employee is responsible for providing space, telephone, printing, networking and/or internet capabilities and the City will not reimburse the employee for these or related expenses.
d. Equipment supplied by the employee will be maintained by the employee. The City accepts no responsibility for damage or repairs to employee-owned equipment.
e. Teleworking employees must notify their supervisor or manager promptly when unable to perform work assignments because of equipment failure or any other unforeseen circumstances.
f. Equipment supplied by the City will be maintained by the City and is to be used for business purposes only.
g. If the City provided any City-issued equipment, teleworking employees agree to follow the City’s policy for the use of such equipment. Teleworking employees must report to their supervisor any loss, damage, or unauthorized access to City owned equipment, immediately upon discovery of such loss, damage, or unauthorized access.
h. Except as provided below, only City provided laptops shall be used to access City systems and data.
i. Employee may provide monitor(s), keyboard, mouse, and any adapters or connectors necessary to connect to City provided laptops. i. Employee understands and agrees to only utilize City specified virtual private network (VPN) system for accessing City systems and data. No third party VPNs will be permitted to connect to City systems and data. j. Employee will be required to utilize the City’s multi-factor authentication system (DUO) for access to City systems including remote (VPN) access. k. Employee may choose to utilize either the cell phone app or opt for a City provided authentication token.
l. Employee understands that teleworking in and of itself does not entitle employee to a City provided cellphone or stipend. Department Heads retain discretion of whether job duties necessitate a City provided cellphone or stipend. Employee may opt to utilize a personal cellphone for purposes of running the authentication app and it is the responsibility of the employee to ensure their cellphone is able to run the authentication app for the duration of the telework agreement.
m. Employee opting for the token will be required to sign Duo Token agreement unless utilizing a cell phone for authentication.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 7

Menifee Mayor and City Council
November 15, 2023
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n. Employee will utilize the City provided soft phone (installed on the City provided laptop) to be available at their City provided telephone number during regular business hours. It is the employee's responsibility to make sure the soft phone application is running and report any issues promptly to the IT Service desk. o. Employee is responsible for all setup including cabling, surge suppression power strip(s). IT staff will not make house calls to setup or service equipment. p. Employee agrees that City provided equipment shall only be used in an indoor environment.
q. Employee is responsible to return all City provided equipment in good working order at the end of the telework agreement.

F. Safety and Liability:
a. The employee will establish an appropriate work environment for work purposes. This Alternative Worksite should be one in which the employee’s telework duties can be performed in a safe and ergonomically appropriate manner. The City will not be responsible for costs associated with the setting up of the employee's Alternative Worksite, such as, but not limited to, remodeling, furniture or lighting, nor for repairs or modifications to the Alternative Worksite.
b. Employees are covered by the City’s workers compensation program.

Employees must ensure that work-related injuries and illnesses are immediately reported to their supervisor. Supervisors must ensure that injuries and illnesses are immediately reported to the Human Resources/Risk Management Department.
c. Employee agrees to hold the City harmless for injury to others at the Alternative Worksite.
d. Consistent with the City’s expectations of information security for employees working at the office, the City expects teleworking employees to ensure the protection of proprietary company and customer information accessible from their Alternative Worksite. This includes, but is not limited to, the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment.
e. Teleworking employees shall exercise the same precautions to safeguard electronic and paper information, protect confidentiality, and adhere to the City’s records retention policies, especially as it pertains to the California Public Records Act (“CPRA”), HIPAA, PCI, PCII, and CLETS/DOJ data and privacy protections as applicable to job function. Teleworking employees must safeguard all sensitive and confidential information (both on paper and in electronic form) relating to City work they access from the Alternative Worksite or transport from their City worksite to the Alternative Worksite. Teleworking employees must also take reasonable precautions to prevent third parties from accessing or handling sensitive and confidential information they access from the Alternative Worksite or transport from their City worksite to the Alternative Worksite. Teleworking employees must return all records, documents, and correspondence to the City at the termination of the Agreement or upon request by their supervisor or manager, Department Director or Human Resources. f. Existing laws, rules, policies, and procedures of the City are applicable to all teleworkers, including department level policies and procedures. If a teleworker is conducting authorized City business and their actions are within the course and scope of his/her employment, the same workplace rules, policies, and procedures that apply to City facilities will be applicable to teleworkers’ Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 8

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November 15, 2023
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Teleworking Program Page 6 of 9
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Alternative Worksites. This would include, but not limited to, policies on internet usage, safety and health, and standards of conduct.

G. Time and Attendance:
a. The City will comply with all federal, state, and local regulations (e.g., the Fair Labor Standards Act) pertaining to time, attendance, and compensation for teleworking employees.
b. Work schedules must specify the days and times an employee will work on- site and telework at an Alternative Worksite in advance. Telework schedules may be the same as on-site schedules or be structured to meet the needs of participating employees as approved by their department director; however, maintaining City-established standards of service shall take priority in all cases, which may not allow for non-standard hours of work.
c. Teleworkers will be accessible during their agreed-upon regular work hours and Work Schedule, regardless of location. Teleworkers and their supervisor should agree upon how teleworkers can ensure they are accessible to customers and co-workers and the response time for returning phone calls. d. Non-exempt employees (employees that are overtime eligible) may not telework outside their approved telework hours without prior written authorization from their supervisor or manager. Supervisors must approve overtime and/or compensatory time in advance. Further, teleworking arrangements shall not unnecessarily create the need for overtime and/or compensatory time. Unapproved overtime may result in revocation of a Teleworking Agreement and an employee who fails to secure written authorization before working overtime may face discipline in accordance with City policy.
e. Employees are required to follow the same time off and leave policies and procedures established for on-site work. If an employee becomes ill while working under the Telework Agreement, they shall notify their supervisor or manager immediately and record on their timesheet any hours not worked due to illness and/or incapacitation.
f. Employees are responsible for properly reporting their time and attendance to ensure they are paid only for work performed and that absences are properly documented. Supervisors with teleworking employees must provide reasonable assurance that they are working when scheduled. Reasonable assurance may be obtained by any legal monitoring methods as determined by the City, including but not limited to technology use activity and City surveillance monitoring systems where a reasonable expectation of privacy does not exist.
g. Teleworking employees’ salary and benefits remain unchanged by the Teleworking Agreement.
h. When an emergency affects the employee’s alternative work site (i.e., power outage, no telephone service, unavailability of network, etc.), the employee is expected to report to their City worksite or request approval for use of their paid time off.
i. Teleworking is not designed to be a replacement for appropriate childcare.

Although an individual employee's schedule may be modified to accommodate childcare needs, the focus of the arrangement must remain on job performance and meeting business demands.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 9

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November 15, 2023
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5. PROCEDURE
An employee who would like to voluntarily telework, including intermittent telework, must make their request to their immediate supervisor. The Department Director, or their designee will consider teleworking requests on a case-by-case basis consistent with the criteria above and other factors relevant to the employee’s request to telework. Employees will be notified within two weeks after the submittal of their request if it has been approved or denied and the reasons for any denial. If denied, when an employee’s circumstances have changed that would impact their eligibility or suitability (e.g. nature of work, classification/job title change), the employee may submit a new telework request to their immediate supervisor for reassessment.

If the proposed teleworking arrangement is determined to be suitable based on this Policy, a Telework Agreement will be prepared to document the terms and approval of the teleworking arrangement. Each employee must sign a Telework Agreement that covers the terms and conditions of participation in the Teleworking Program. The Telework Agreement constitutes an agreement by the employee and the City to adhere to the Teleworking Program policies. Employee advancement and opportunities, regardless of teleworking or working on-site, is based on performance, the evaluation of which will be based on the same standards and will not change based on the employee’s work location.

At the request of the employee, the Department Director’s decision regarding an employee’s teleworking request may be reviewed by the City Manager or City Manager designee, whose decision is final and binding. Neither the employee nor an employee association possess any right to grieve or appeal the decision.

6. TERMINATION AND ALTERATION OF TELEWORK AGREEMENT
The City will periodically review all Telework Agreements to assess continued feasibility.

Accordingly, the City may end or alter the terms of any Telework Agreement at any time by providing a written notice explaining the basis for the decision to the affected employee(s). The employee and employee association have no right to grieve or appeal the termination or alteration of the Telework Agreement.

7. MANDATORY TELEWORKING ARRANGEMENTS DURING EXIGENT

CIRCUMSTANCES
Where an exigent circumstance exists, the City Manager may direct City employees to remain at their homes or places of residence and the City may adopt and implement a short-term teleworking arrangement for such employees in order to provide for the continuity of essential services provided by the City.

Exigent circumstances means a situation in which there is an imminent threat of extreme peril to life, property and resources. Exigent circumstances may include, but are not limited to, war, public health emergencies, power failures, natural and man-made disasters, and other states of emergency.

Where such an exigency exists and necessitates the adoption and implementation of a short-term mandatory teleworking arrangement for City employees, the City is expressly Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 10

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Teleworking Program Page 8 of 9
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authorized to suspend some or all provisions of this policy and adopt and implement alternative provisions necessary to provide for the continuity of essential services.

8. ROLES AND RESPONSIBILITIES
A. Management Responsibilities:
a. Review, understand, and adhere to this Administrative Policy. b. Monitor, disseminate and enforce this Administrative Policy. c. Assess the impact of the proposed telework arrangement on established standards for quality of service and productivity.
d. Assess the impact of the proposed telework arrangement on any other affected employees.
e. Assess the portability of the employee’s work and the likelihood of the employee successfully completing work offsite.
f. Evaluate the employee’s job performance based upon established performance standards and timelines.
g. Approve or disapprove proposed Alternative Worksites to ensure worksites are conducive to a safe, secure and productive working environment. h. Approve or disapprove the employee’s participation in the program. i. The City may provide (but is not required to provide) equipment and supplies necessary for the employee to adequately perform assigned work. j. Maintain connection with teleworking employee(s), gauge productivity, and monitor work product to evaluate employee performance and quality of work.

B. Employee Responsibilities:
a. Review, understand, and adhere to this Administrative Policy. b. Be ready to adapt business practices to changing circumstances. c. Teleworking shall not affect the timeliness of completing work-related tasks. d. Comply with all federal, state, and local regulations while teleworking. e. Comply with all City policies, including employee safety, technology use, attendance, work schedule, professional appearance, and overtime policies. f. Remain responsive to internal and external customers as determined by the supervisor.
g. If applicable, make proper arrangements for dependent care during teleworking hours before beginning assignments.

C. Human Resources:
a. Review, approve and monitor all teleworking arrangements consistent with established City policies and procedures.
b. Maintain official records pertaining to teleworking arrangements.

9. EXCEPTIONS
The established policy does not supersede State or Federal employment and compensation laws and regulations, adopted MOUs/employment agreements, and City Council resolutions.

Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 11

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November 15, 2023
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Revision History
Revision No. Date Approved Approved By: Comments
0 City Manager Original Policy
1 __________________________ ________________________
City Manager Date
Item Title: 10.5
Employee Teleworking Program Policy
Item Page Number: 12

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November 15, 2023
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CITY OF MENIFEE
SUBJECT: Monthly Public Safety Reports
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Receive and file.

DISCUSSION
On September 15, 2021, the City Council adopted Resolution No. 21-1062, formalizing public safety reporting. This Report includes September 2023 statistical reporting for the Menifee Police Department, Code Enforcement, and CAL FIRE / Riverside County Fire Department.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Menifee Police Department Monthly Report - September 2023

2. Code Enforcement Monthly Report - September 2023

3. CAL FIRE/Riverside County Fire Department Monthly Report – September 2023 Item Title: 10.6
Monthly Public Safety Reports
Item Page Number: 1

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October 10. 2023 Alarm CFS — 227 total, 1 True Alarm - Totals will change - Group A — September 2023
T/Cs - September 2023
Type Total
Complaint of Pain 6
Fatal 0
Other Visible Injury 5
Property Damage Only 18
Total 30
Severe Injury 1
Person 44
Assault - Aggravated 22
Assault - Intimidation 4
Assault - Simple 17
Kidnapping / Abduction 1
Property 57
Burglary - Breaking & Entering 5
Embezzlement 1
Larceny Theft - Other 5
Motor Vehicle Theft 11
Robbery 3
Shoplifting 10
Stolen Property 6
Theft from Building 4
Theft from Vehicle 4
Theft of Vehicle Parts or Accessories 3
Vandalism 5
Society 63
Drug / Narcotic Violations 27
Drug Equipment Violations 8
Prostitution 1
Weapon Violation 27
Grand Total 164
Item Title: 10.6
Monthly Public Safety Reports
Item Page Number: 2

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CODE ENFORCEMENT PUBLIC SAFETY REPORT- SEP 2023

PUBLIC

NUISANCE
31%
ZONING

VIOLATION
6%

HAZARDOUS

CONDITION
0%ILLEGAL

DUMPING
4%

ILLEGAL

VENDORS
1%

PROPERTY

MAINTENANCE
51%

GRAFFITI
3%

BUILDING
CODE

VIOLATION
4%

CODE ENFORCEMENT

CASELOADS

PUBLIC NUISANCE

ZONING VIOLATION

HAZARDOUS CONDITION

ILLEGAL DUMPING

ILLEGAL VENDORS

PROPERTY MAINTENANCE

GRAFFITI

BUILDING CODE VIOLATION

ACTION DETAIL STATS Jan
23 Feb
23 Mar
23 Apr
23 May
23 Jun
23 Jul
23 Aug
23 Sep
23 Current Open Cases 266 288 283 293 312 384 587 536 540 New Complaints
Received
63 42 84 108 92 110 71 96 111
New Cases 80 61 70 113 169 163 365 331 78
Follow-Up Inspections 98 107 152 137 139 148 71 154 109 Closed Cases 50 43 116 96 89 95 77 94 52
Notices of Violation
Issued
46 63 94 71 79 99 38 53 66
Admin Citations
Issued
32 34 33 30 27 42 231 65 31
Proactive Enforcement
Cases
14 32 38 9 20 33 3 9 3

CODE ENFORCEMENT

TOPICS OPENED
Jan
23 Feb
23 Mar
23 Apr
23 May
23 Jun
23 Jul
23 Aug
23 Sep
23 Building Code
Violation
6 4 7 4 3 9 1 3 7
Dangerous Building 1 0 0 0 1 0 0 0 0
Hazardous Condition 0 0 1 2 2 4 0 3 0
Illegal Dumping 7 2 3 6 3 1 2 4 3
Illegal Signs Removed 6 181 98 163 64 94 80 19 102
Property Maintenance 18 16 40 46 41 47 29 24 37
Public Nuisance 19 37 41 23 22 54 38 29 22
Vehicle Abatement 1 0 0 2 0 5 0 1 4
Vendor Enforcement 10 18 6 9 9 3 1 6 1
Weed Abatement 0 0 0 0 0 16 229 12 0
Zoning Violations 5 5 8 4 3 5 0 4 4
Public Works Referrals 0 0 0 0 0 0 0 0 0
Marijuana Cultivation 0 1 1 0 0 1 1 0 0
Graffiti 2 4 3 4 2 1 2 1 2
Item Title: 10.6
Monthly Public Safety Reports
Item Page Number: 3

Menifee Mayor and City Council
November 15, 2023
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10/1/2023 1:40:37PM Page 1 of 2

Riverside County Fire Department/ CAL FIRE
Jurisdiction Summary for City of Menifee Bill Weiser
Fire Chief

9/1/2023 to 9/30/2023
Incident Response Activity Average Enroute to On-Scene Time *Units Responding Charlie, Delta, Bravo, Echo, Code 3
<5 Minutes +5 Minutes

555 216

+10 Minutes +20 Minutes

14 4

Average Min % 0 to 5 Min

4.68 70.34

Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene. *At least 1 Resource Dispatched
Incident Type #
False Alarm 40
Haz Mat 1
Medical 901
Other Fire 6
Other Misc 3
Public Service Assist 67
Res Fire 4
Rescue 1
Ringing Alarm 3
Standby 9
Traffic Collision 46
Vehicle Fire 1
Wildland Fire 6
Incident Total 1,088
Auto Aid
*Unit responses for Canyon Lake and Murrieta Only
Auto Aid Given
City of Canyon Lake 1
Auto Aid Received
City of Murrieta 4
Station Responses
*Incident Count by
Incident PRA Station for City of Menifee
05 Quail Valley 88
07 Sun City 611
68 Menifee 165
76 Menifee Lakes 306
Jurisdiction Report
*Incident Count for Station PRA with Station
Responsibility for City of Menifee
Apparatus Responses
*Unit count for City of Menifee Apparatus
05 Quail Valley Engine 123
07 Sun City Engine 284
07 Sun City Patrol 262
07 Sun City Squad 19
07 Sun City Squad 283
68 Menifee Engine 173
76 Menifee Lakes Engine 295
76 Menifee Lakes Squad 3
76 Menifee Lakes Truck/Quint 146
76 Menifee Lakes Rescue 1
Assistance Given
City Of Lake Elsinore 7
City Of Perris 40
City Of Wildomar 44
Riverside County 42
Riverside Unit 1
Total: 134
Assistance Received
City Of Perris 10
City Of Temecula 2
Riverside County 43
Total: 55
Item Title: 10.6
Monthly Public Safety Reports
Item Page Number: 4

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10/1/2023 1:40:37PM Page 2 of 2

Office of the Fire Marshal

Total Number of Plan Reviews
Completed: Plan Review Turnaround
Time: Inspections Conducted:

Inspection Turnaround Time:
124

17 days

328

2 days

23CARRU129635
9/1/2023
4 : 5 0 : 0 0PM

23CARRU144735
9/29/2023
9 : 0 1 : 0 0PM
Engine 5 arrived at the scene to find a single-story residence with moderate smoke showing from the windows and doorway of a single-story residence. After further investigation the fire was located inside the kitchen. A total of 5 people were displaced and the Red Cross assisted the residents with their needs. Menifee Building and safety has red tagged the residence.

Haz Mat (unknown odor): The first arriving company officer reported an odor coming from multiple irrigation drainages. Haz-Mat performed air monitoring in serval locations, while attempting to find the source of odor. Environmental Health remained at the scene with Menifee Public Works to clean up the drains. The odor dissipated naturally with no return or finds from air monitoring and sampling

Community Engagement

School and Education Event Programs and Station Tours:
09/11 Multiple units participated in Patriots Day events. 09/16 Truck 76 participated in opening day ceremonies for girls softball.

Menifee Life Savers
• Certificates issued:
o CPR/AED:34
o First Aid: 36
o BLS Provider:3
o Stop the Bleed:3
• # of Classes held: 13
• Total number of “Menifee LifeSavers” trained: 39

Significant Incidents
Item Title: 10.6
Monthly Public Safety Reports
Item Page Number: 5

Menifee Mayor and City Council
November 15, 2023
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CITY OF MENIFEE
SUBJECT: Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute an agreement with Flock Group, Inc. dba Flock Safety Services for automated license plate reader cameras and service through Fiscal Year 2027/2028 in the not-to-exceed amount of $362,500; and

2. Authorize the City Manager, or his designee, to approve the optional two-year renewal term for Fiscal Years 2028/2029 and 2029/2030 in an amount not-to-exceed $72,500 per year.

DISCUSSION
The Menifee Police Department entered into a Service Contract with Flock Group, Inc. dba Flock Safety for the automated license plate reader cameras and service in January 2021. The initial contract and corresponding Amendment included twenty-nine Flock Falcon Cameras and the installation fees. The current contract is set to expire in January 2024.

The Flock cameras are stationary and mounted to a traffic light or light pole. The cameras face areas of high traffic and scan license plates as the vehicles pass through the intersection. The system then runs those license plates against a database to check for reported stolen vehicles.

These “hits” on stolen vehicles are immediately transmitted to all active officers who respond to the location. The process is rapid and allows for a quicker response time for officers, providing a higher percentage of a successful recovery. Since their installation there have been 516 camera alerts resulting in 118 arrests. This breaks down to an average of 15 alerts per month with 3.5 corresponding arrests. Placing these cameras in various high traffic areas within the City provides the Police Department the opportunity to identify high crime areas and target those with increased patrol and response.

In order to lock in current pricing ($72,500/year) for the full term of the contract, including the optional two-year renewal, a signed contract is required by January 1, 2024. If an agreement is Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 1

Menifee Mayor and City Council
November 15, 2023
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City of Menifee Staff Report
Flock Safety Group Inc. Contract
November 15, 2023

Page 2 of 2 ends

1 8
5 8
not approved by January 1, 2024, an increase of $500 per camera would be in effect, resulting in a $14,500 fiscal impact.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact for this item would be $362,500 for the full term of the contract. Table 1 below reflects the total per fiscal year.

Table 1 – Annual Costs
Fiscal Year Budgeted Amount Account
FY2023-24 $72,500 110-4911-51350
FY2024-25 $72,500 110-4911-51350
FY2025-26 $72,500 110-4911-51350
FY2026-27 $72,500 110-4911-51350
FY2027-28 $72,500 110-4911-51350
TOTAL $362,500
This item is currently budgeted within Fiscal Years 2023/24 and 2024/25 in Account No. 110- 4911-51350. The future fiscal impact for this item is $72,500 in yearly service fees which would be budgeted in the corresponding fiscal year budget.

ATTACHMENTS

1. Flock Agreement
Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 2

Menifee Mayor and City Council
November 15, 2023
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Flock Safety + CA - City of Menifee
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
ONTACT:

Libby Landers
[email protected]
70220Company Overview
At Flock Safety, technology unites law enforcement and the communi9es they serve to eliminate crime and shape a safer future, together. We created the ﬁrst public safety opera9ng system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situa9onal evidence across an en9re city to solve and prevent crime.

Our connected plaAorm, comprised of License Plate Recogni9on (LPR), live video, audio detec9on, and a suite of integra9ons (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objec9ve answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety opera>ng system *According to a 2019 study conducted by Cobb County Police Department Introduc>on
Layer Intelligence to Solve More Crime
The pathway to a safer future looks diﬀerent for every community. As such, this proposal presents a combina9on of products that speciﬁcally addresses your public safety needs, geographical layout, sworn oﬃcer count, and budget. These components make up your custom public safety opera9ng system, a connected device network and soWware plaAorm designed to transform real-9me data into a panoramic view of your jurisdic9on and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communi9es you serve.

So@ware PlaBorm
Flock Safety's out-of-box soWware plaAorm collects and makes sense of visual, audio, and situa9onal evidence across your en9re network of devices.
2000+ 120 1B+ <60%*
communi9es with
private public
partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime
reduc9on in Flock ci9es
Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 3

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November 15, 2023
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Out-of-Box SoWware Features
Simpliﬁed Search Get a complete view of all ac9vity 9ed to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows oﬃcers to ﬁlter hours of footage in seconds based on 9me, loca9on, and
detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search ﬁlters include:
● Vehicle make
● Body type
● Color
● License plates
○ Par9al tags
○ Missing tags
○ Temporary tags
○ State recogni9on
● Decals
● Bumper s9ckers
● Back racks
● Top racks
Na9onal and Local Sharing Access 1B+ addi9onal plate reads each month without purchasing more cameras. Solve cross-jurisdic9on crimes by op9ng into Flock Safety's sharing networks, including one-to one, na9onal, and statewide search networks.

Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanc>oned Drivers
FL Sex Oﬀenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-9me Alerts Receive SMS, email, and in-app no9ﬁca9ons for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interac9ve ESRI Map View your AVL, CAD, traﬃc, and LPR alerts alongside live on scene video from a single interac9ve map for a birdseye view of ac9vity in your jurisdic9on.

Vehicle Loca9on Analysis Visualize sequen9al Hot List alerts and the direc9on of travel to guide oﬃcers to ﬁnd suspect vehicles faster.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 4

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November 15, 2023
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Out-of-Box SoWware Features (Con9nued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public
safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance repor9ng to easily prove ROI, discover crime and traﬃc pakerns and priori9ze
changes to your public safety strategy by using data to determine the most signiﬁcant impact.

Na9ve MDT Applica9on Download FlockOS to your MDTs to ensure oﬃcers never miss a Hot List alert while out on patrol.

Hot List Akachments Akach relevant informa9on to Custom Hot List alerts.

Give simple, diges9ble context to Dispatchers and Patrol Oﬃcers responding to Hot List alerts so they can act
conﬁdently and drive beker outcomes. When you create
a custom Hot List Alert, add case notes, photos, reports, and other relevant case informa9on.

Single Sign On (SSO) Increase your login speed and informa9on security with Okta or Azure Single Sign On (SSO). Quickly access cri9cal informa9on you need to do your job by elimina9ng the
need for password resets and steps in the log-in process.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 5

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November 15, 2023
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License Plate Recogni9on
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into ac9onable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has ﬁxed and loca9on-ﬂexible deployment op9ons with 30% more accurate reads than leading LPR.*
*Results from the 2019 side-by-side comparison test conducted by LA County Sheriﬀ's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR
camera designed for permanent
placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock
OS plaAorm licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permiqng, installa9on, and
ongoing maintenance
Loca9on-ﬂexible LPR camera
designed for fast, easy self-
installa9on, which is ideal for your
ever-changing
inves9ga9ve needs.
√ 1 LPR Camera
√ Unlimited LTE data service +
soWware licenses
√ 1 portable mount with varying-
sized band clamps
√ 1 Charger for internal bakery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and
Vehicle Fingerprint data for
increasing
inves9ga9ve leads on high-volume
roadways like highways and
interstates.
√ 1 Long-Rage LPR Camera
√ Compu9ng device in protec9ve
poly case
√ AC Power
√ Permiqng, installa9on, and
ongoing maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communi9es that celebrate the hard work of those who serve and protect. We don’t disappear aWer contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscrip9on service.

Implementa9on Meet with a Solu9ons Consultant (former LEO) to build a deployment plan based on your needs. Our Permiqng
Team and Installa9on Technicians will work to get your device network approved, installed, and ac9vated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the
plaAorm, while our customer support team will assist
with needs as they arise.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 6

Menifee Mayor and City Council
November 15, 2023
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Maintenance We proac9vely monitor the health of your device network.

If we detect that a device is oﬄine, a full-9me technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon
Flex devices.

Public Rela9ons Government Aﬀairs
Get support educa9ng your stakeholders, including
city councils and other governing bodies.

Media Rela9ons
Share crimes solved in the local media with the help of our Public Rela9ons team.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 7

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November 15, 2023
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EXHIBIT A

ORDER FORM
Customer: CA - City of Menifee Initial Term: 60 Months Legal Entity Name: CA - City of Menifee Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 29844 Haun Rd Menifee, California 92586 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 8

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Billing Schedule
Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 9

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November 15, 2023
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Product and Services Descrip>on
FlockOS Features & Descrip>on
Package: Essen9als
FlockOS Features Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services -
Standard Implementation
Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you.

Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities) Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 10

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA- City of Menifee
By: \FSSignature2\ By: \FSSignature1\
Name: \FSFullname2\ Name: \FSFullname1\
Title: \FSTitle2\ Title: \FSTitle1\
Date: \FSDateSigned2\ Date: \FSDateSigned1\
PO Number:

Attest:

_______________________________

Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Acting City Manager
Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 11

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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 18 day of July 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 12

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1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services. 1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to Item Title: 10.7
Agreement with Flock Safety Group, Inc. for Automated License Plate Reader Cameras Item Page Number: 13

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vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage). Flock shall be responsible for all negligent acts or omissions of third parties Flock uses to deliver the Flock Services.

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Item Title: 10.7
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Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Item Title: 10.7
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Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the permitted purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING
Item Title: 10.7
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4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data. 4.3 Anonymized Data.

Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non- exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized Item Title: 10.7
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use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, or pursuant to transparency obligations imposed by law on public agencies such as Customer provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for Item Title: 10.7
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anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and Item Title: 10.7
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withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https:// www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace Item Title: 10.7
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lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY , AND FLOCK’S SOLE LIABILITY , WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omission

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY ,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY Item Title: 10.7
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SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY , PRODUCT LIABILITY , OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY , INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/

OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GA VE RISE TO THE LIABILITY , IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY , THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify, defend (with counsel reasonably selected by Customer), and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; (ii) any damage or injury to property or person caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the gross negligence of the Customer or its agents, officers or employees, or (iii) Flock’s acts or omissions in performance of the Services, including any third party used by Flock in the performance of the Services.

Item Title: 10.7
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10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock.

Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional Item Title: 10.7
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manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect Item Title: 10.7
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whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of Riverside County. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

Item Title: 10.7
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11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

Item Title: 10.7
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EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M.

Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage; (ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
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(v) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease; and
(vi) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equip ment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it.

Notice of Cancellation
Vendor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Vendor shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Vendor hereby grants to City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affe ct this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Vendor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors.

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CITY OF MENIFEE
SUBJECT: Office of Traffic Safety Selective Traffic Enforcement Program Grant
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the grant funds from the Office of Traffic Safety Selective Traffic Enforcement Program Grant for the Menifee Police Department; and

2. Adopt a budget amendment resolution approving an increase in revenue and appropriation of expenditures in the amount of $140,000 to a project account as assigned by the Finance Department; and

3. Authorize the City Manager, or their designee, to execute all necessary documents to implement the Office of Traffic Safety Selective Traffic Enforcement Program Grant purchases.

DISCUSSION
The Menifee Police Department was awarded $140,000 by the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) Grant. OTS administers several grant programs, including the STEP Grant. The purpose of this grant is to reduce the number of “driving under the influence” incidents and collisions within the City of Menifee.

The funds received would be used for costs incurred by the Police Department during activities such as driving under the influence checkpoints and saturation patrols. Additionally, the funds would be used toward operational costs and supplies to conduct checkpoints, patrols, equipment, and enforcement activities for distracted driving, traffic, motorcycle safety, pedestrian, and bicycle safety enforcement. The Police Department would also use available funds to send officers to Standardized Field Sobriety Testing Training and to the Advanced Roadside Impaired Driving Enforcement Training.

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City of Menifee Staff Report
OTS STEP Grant FY23/24
November 15, 2023

Page 2 of 2 ends

1 8
7 6
The grant would help the City achieve its goals as follows:
•Educating the public
•Promoting a safe environment for our community
•Reducing the number of persons killed and injured in crashes caused by distracted driving, driving at unsafe speeds, alcohol, and drugs.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact resulting from the acceptance of the OTS STEP Grant would result in an increase of $140,000 in grant revenue to Account No. 301-3865 (OTS Grant)(STEP)(F) and an appropriation in expenditures in Account No. 301-4911-52426 (OTS Grant)(STEP)(F). OTS would reimburse any costs incurred that are within the guidelines of this grant. No match by the City would be required.

ATTACHMENTS

1. Grant Agreement

2. Budget Amendment Resolution

3. Grant Summary Report
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24115

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Menifee From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Menifee Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $140,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Matthew Bloch

Traffic Sergeant

[email protected]

(951) 723-1565

29714 Haun Road
Menifee, CA 92586
ADDRESS: Chris Karrer

Chief of Police

[email protected]

951-723-1530

29714 Haun Road
Menifee, CA 92586

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Christine Booker

Budget and Grants Analyst

[email protected]

(951) 723-1513

29714 Haun Road
Menifee, CA 92586
ADDRESS: Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

Matthew Bloch (Oct 19, 2023 11:27 PDT)
Matthew Bloch
Oct 19, 2023
Christine Booker (Oct 19, 2023 14:48 PDT)
Oct 19, 2023
Oct 19, 2023
Oct 22, 2023
Item Title: 10.8
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

K2DEKYTD12J6

29714 Haun Road
Sun City
92586-6540
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $17,000.00 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $30,600.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $59,400.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $33,000.00

AGREEMENT
TOTAL $140,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$140,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $140,000.00

Carolyn Vu (Oct 19, 2023 16:19 PDT)
Oct 19, 2023
Item Title: 10.8
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24115

1. PROBLEM STATEMENT
The City of Menifee is comprised of residential, commercial, industrial, and rural areas. Menifee is situated in the Southwest region of Riverside County and is bordered by the cities of Perris, Homeland, Winchester, Murrieta, Lake Elsinore, and Canyon Lake. Toward the north side of our city is Highway 74, a state highway, which is credited as being one of the most dangerous highways per mile in the State of California. This highway is a two-lane east/west roadway, which is lined by retail, commercial, residential, and unimproved properties in the City of Menifee.

The I-215 freeway runs through the center of Menifee, and is a large interstate, which intersects the I-15 freeway in Murrieta and further to the north in San Bernardino County. The I-215 freeway has five exits in the City of Menifee, which include Highway-74, Ethanac Road, McCall Boulevard, Newport Road, and Scott Road. Unfortunately, data for Highway-74 and Ethanac Road could not be obtained as they are controlled through Cal-Trans and the City of Perris respectively.

Highway 74 is a main thoroughfare for residents from the cities of Hemet, San Jacinto, Winchester, Homeland, and Menifee residents to access the I-215 freeway. Newport Road is the main East/West thoroughfare in the City of Menifee, which connects the cities of Hemet, San Jacinto, Winchester, Canyon Lake and Lake Elsinore. It is the primary access to the I-215 freeway and the only local access to the I-15 freeway for residents of Menifee, San Jacinto, Winchester, and Hemet. There are currently plans to add more than 1,000 new residences, a shopping center, and commercial businesses within the Menifee city limits, just south of Highway-74. Adding to an already high traffic flow on this roadway. This stretch of roadway is particularly dangerous as many of our recent DUI checkpoints have captured data showing an unusually high number of DUI and unlicensed drivers operating vehicles on Highway-74.

Newport Road has a daily traffic count of approximately 76,300 vehicles, which is an increase from the 69,270 vehicles traveling on Newport Road in 2021. The congestion caused by the high daily traffic count causes a variety of issues including red light violations, gridlock, and an above average number of traffic crashes. The area of Newport Road and Haun Road is home to many large retail stores and has a large presence of visitors from Menifee and the surrounding cities. Scott Road is a major East/West thoroughfare that connects the cities of Temecula, Winchester, Murrieta, Menifee, and Wildomar. Scott Road is the second busiest city street in Menifee and has a daily traffic count of approximately 34,000 vehicles. A multicity plan is being developed that will expand Scott Road from the west of the I-215, through the City of Wildomar, into a multilane roadway. Recently, we have seen an increase of traffic crashes along Scott Road due to drivers being under the influence, operating cell phones, and general unsafe driving.

The City of Menifee was recently reported on ABC News in December of 2022 as the #7 fastest growing city in the nation, and the #1 in California, increasing in population from 105,000 to just over 112,000. The expected population by 2024 will be 121,094, with an increase in completed and livable residential housing of approximately 7,685 units. Comparatively, the City of Temecula’s most recent reported population was 109,000, and Menifee’s population is expected to surpass the City of Murrieta within the next two years, to become the most populous city in the Temecula Valley. Our five-mile radius population (5-miles from Newport Rd and the I-215 Freeway) has also increased from 139,000 to 147,066, and the expected 5-mile radius population in 2024 is expected to grow to 164,480, with an additional 25,000+ residences to be added in the same timeframe. The City of Menifee also has more than 10,000 residences in some phase of development.

A family Justice Center has been under construction during the 2022 year and is expected to be completed in January of 2024. The Justice Center will be the regions primary family law court, increasing the traffic flow to the area. Menifee’s Countryside Marketplace, which is our largest shopping center, has increased its Item Title: 10.8
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visitor size to over 1 million visitors per year, and plans are in place to add additional retail businesses to the Haun Road corridor. In comparison, the only regional mall, the Temecula Promenade, sees approximately

1.9 million visitors annually. Meanwhile, two other major shopping centers are proposed to begin construction at some point in 2023, with an expected opening in 2024. Further, there are two lots owned by Walmart in which they have submitted plans for a Supercenter at Scott and the I-215, as well as McCall Boulevard the I-215.

 The 2022 calendar year stats are as follows:Total:
 Killed: 9
 Injured: 398
 DUI (Alcohol, drug, or combo):
 Total DUI crashes: 61
 Killed: 3 (all alcohol)
 Injured: 76 (67 alcohol, 9 drug)
 Total DUI Arrests: 169
 Bicycle:
 Total: 23
 Killed: 0
 Injured: 21
 Pedestrian:
 Total: 12
 Killed: 2
 Injured: 7
 Unsafe Speed as PCF:
 Total:163
 Killed: 2
 Injured: 72

All data below will be reflective of the OTS Grant years and the order of statistics will be by fiscal year (2020, 2021, and 2022). Percentage changes will reflect changes per fiscal year unless otherwise noted.

Since FY2020, the City of Menifee has experienced a significant increase in most statistical crash categories. Fatal crashes have increased 20% and 50%, with injury crashes increasing by 38% then dropping by 3%. The total change from FY20 to FY23 is a 34% increase, outlining a growing trend of increased traffic crashes after the Covid pandemic.

Our alcohol involved crashes have steadily increased with fatalities going up 100% and 50% between fiscal years, and injuries increasing 63% and 10% respectively. Drug involved crashes have fluctuated, with an increase between 2020 and 2021, but a decrease in 2022. This outlines a major issue in Menifee of an increased number of people driving while under the influence of alcohol. During our previous two years, we have utilized a combination of DUI Checkpoints and DUI Saturations to lower the number of DUI drivers on the roadway, however, the increase of DUI related crashes shows that more alcohol education and enforcement is needed.

Since our inception in 2020, we have sent more than 15 officers to SFST and/or ARIDE courses. We intend to continue this trend and will be hosting a SFST/ARIDE course at the Menifee Police Department in July of 2023, with the goal of increasing the number of SFST trained officers on the streets to combat the growing number of DUI drivers.

With the increased number of SFST trained officers, we have become better equipped to conduct DUI Checkpoints and DUI Saturations. In years past, we have had success with DUI Checkpoints as both a learning tool, and an enforcement tool. In certain areas of the city, our checkpoints, while mainly focused on education, have seen higher than normal numbers of DUI arrests. This highlights the effectiveness of DUI Item Title: 10.8
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checkpoints and validates not only their education efforts but has also resulted in countless lives saved and offenders taken off the streets. Through these DUI Checkpoints, we have found that many of our locations see a high volume of vehicular traffic and sometimes a high number of DUI or unlicensed drivers. This has proven to be demanding for the number of personnel we currently have working the checkpoints, including staffing one Dispatch position. The goal is to increase our staffing levels at DUI Checkpoints to increase officer safety and the overall effectiveness of DUI Checkpoints.

As we continue to grow, we have also observed many DUI crashes and arrests on our residential and feeder streets. Oftentimes, drivers who are under the influence will purposely avoid major streets to avoid law enforcement contact. This includes those who live locally and are just traveling home, as well as patrons leaving local bars. The hope is that with increased officers on the streets to conduct DUI Saturations, we will be able to lower the number of DUI related crashes and injuries.

We have found that most of our bicycle crashes have occurred near schools and during school hours. We intend to focus our efforts on conducting enforcement in these areas, as well as conducting presentations to highlight the need for bicycle safety for children. Our bicycle crashes were lower in FY21 than FY20, however increased drastically by 166% between FY21 and FY22.

Prior STEP grant funding has allowed the Menifee Police Department to supplement our current number of officers on the streets, by providing funding for officers to work extra shifts to address these growing trends of poor driving and DUI offenders. While the city of Menifee is growing, so is our police force. During the last fiscal year, our department was approved to increase from 77 sworn positions, to 91 sworn positions. This increase will also come with two added members to the Traffic Unit, bringing the traffic unit total to 1 Sergeant and 6 Motor Officers; however, there has been a difficulty in recruiting to fill the current vacancies.

Going forward we will allow our officers who have an interest in traffic related functions to supplement the traffic unit as it grows so we can better serve the members of our community.

Further, Law enforcement as a whole has not utilized social media as best as it could. Social media has the potential to have a much further reach than many forms of traditional media, enforcement, or traditional educational outreach. Social media platforms are a nearly untapped resource in the area of Traffic Enforcement that can potentially have the impact to deter and/or correct the driving behaviors of thousands of motorists.

Type Per year (20,21,22) Percent Changes between FYs Fatal TC’s 5-6-9 20% and 50% Injury 200-276-268 38% and -3% Alcohol Fatal 1-2-3 100% and 50% Drug Fatal 0-2-0 Indeterminate Alcohol Injuries 19-31-34 63% and 10% Drug Injuries 4-5-2 25% and -60% Nighttime Fatal 0-3-1 Indeterminate and -66% Nighttime Injuries 19-36-32 89% and -11% MC Fatal 1-2-2 100% and same MC Injuries 21-23-21 9% and -9% Ped Fatal 2-1-2 -100% and 100% Ped Injuries 12-13-10 8% and -23% Bicycle Fatal 0-1-0 Indeterminate Bicycle Injuries 11-6-16 -45% and 166%

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

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4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 3 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 3 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Send law enforcement personnel to the DRE Recertification training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
4 9. Conduct DUI Saturation Patrol operation(s). 19

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
15 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
6 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 Item Title: 10.8
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13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
3 15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The Item Title: 10.8
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OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

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5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24115

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$90,000.00
402PT-24 20.600 State and Community Highway
Safety
$50,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $11,490.00 4 $45,960.00
DUI Saturation Patrols 164AL-24 $1,585.00 19 $30,115.00 Benefits for 164AL OT @ 11.68% 164AL-24 $76,075.00 1 $8,886.00 Traffic Enforcement 402PT-24 $1,300.00 15 $19,500.00
Distracted Driving 402PT-24 $1,250.00 6 $7,500.00
Motorcycle Safety 402PT-24 $1,250.00 4 $5,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,250.00 4 $5,000.00 Traffic Safety Education 402PT-24 $650.00 3 $1,950.00
Benefits for 402PT OT @ 11.68% 402PT-24 $38,950.00 1 $4,549.00 Category Sub-Total $128,460.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $5,101.00 1 $5,101.00
$0.00
Category Sub-Total $5,101.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $5,039.00 1 $5,039.00
Digital Camera 402PT-24 $1,400.00 1 $1,400.00
Category Sub-Total $6,439.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $140,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24115

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164AL OT @ 11.68% - Benefit breakdown:

Unemployment- 4.02%
Workers Comp- 6.21%
Medicare- 1.45%
Total benefits 11.68%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @ 11.68% - Benefit breakdown:

Unemployment- 4.02%
Workers Comp- 6.21%
Medicare- 1.45%
Total benefits 11.68%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Digital Camera - For use in capturing images while conducting grant related activities, such as enforcement operations, crash scenes, educational events/activities, and to aid in prosecution of DUI cases. Costs may include accessories such as memory card, carrying case and tripod.

INDIRECT COSTS
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STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24115

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations re lating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
 The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low -income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regu lations,” respectively.

GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which t he Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assura nces with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or complian ce reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for r eview Item Title: 10.8
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/ are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. 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;
b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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;

2. 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, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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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. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file 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.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adopt ion of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lowe r tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to partici pate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participa nts, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participa nts, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 19

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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufacture d products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory qualit y, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justific ation for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, i n connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subawar d. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a fina ncial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a gran t or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that requir e disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 20

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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 21

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Matthew Bloch
Title: Traffic Sergeant Media Contact: Yes
Phone: (951) 723-1565
Email: [email protected]

2. Christine Booker
Title: Budget and Grants Analyst Media Contact: No
Phone: (951) 723-1513
Email: [email protected]

State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT24115

GRANT DETAILS
Grant Number: PT24115
Agency Name: Menifee Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $140,000.00
Authorizing Official: Chris Karrer
Fiscal Official: Christine Booker
Grant Director: Matthew Bloch
Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 22

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Complete the below information if adding, removing or editing a GEMS user(s)

GEMS User 1
Add/Change Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes No
{{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change Remove Access

Add as a media contact? Yes No
{{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change Remove Access

Add as a media contact? Yes No
{{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change Remove Access

Add as a media contact? Yes No
{{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change Remove Access

Add as a media contact? Yes No
{{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: Date:

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Name1_es_:signer2:fullname }} Signature Name
Grant Director
Date Title

Matthew Bloch (Oct 19, 2023 11:23 PDT)
Matthew Bloch
✔
✔
Christina Reveles
Police Lieutenant
[email protected]
951-723-1533
✔
✔
Anthony Clay
Motor Officer
[email protected]
951-723-1566
Oct 19, 2023
Matthew Bloch (Oct 19, 2023 11:27 PDT)
Matthew Bloch
Matthew Bloch
Oct 19, 2023
Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 23

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November 15, 2023
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Grant Agreement - PT24115
Final Audit Report 2023-10-23
Created: 2023-10-19
By: Stephanie Spaid ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAASseikPBnr8P8lHMLTBASXvTdrsFuM29t "Grant Agreement - PT24115" History
Document created by Stephanie Spaid ([email protected]) 2023-10-19 - 6:05:49 PM GMT
Document emailed to Matthew Bloch ([email protected]) for signature 2023-10-19 - 6:05:58 PM GMT
Document e-signed by Matthew Bloch ([email protected]) E-signature obtained using URL retrieved through the Adobe Acrobat Sign API Signature Date: 2023-10-19 - 6:23:36 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023-10-19 - 6:23:38 PM GMT
Email viewed by [email protected]
2023-10-19 - 6:25:14 PM GMT
Signer [email protected] entered name at signing as Matthew Bloch 2023-10-19 - 6:27:46 PM GMT
Document e-signed by Matthew Bloch ([email protected]) Signature Date: 2023-10-19 - 6:27:48 PM GMT - Time Source: server Document emailed to Christine Booker ([email protected]) for signature 2023-10-19 - 6:27:50 PM GMT
Email viewed by Christine Booker ([email protected]) 2023-10-19 - 9:47:58 PM GMT
Document e-signed by Christine Booker ([email protected]) Signature Date: 2023-10-19 - 9:48:07 PM GMT - Time Source: server Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 24

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Document emailed to Chris Karrer ([email protected]) for signature 2023-10-19 - 9:48:08 PM GMT
Email viewed by Chris Karrer ([email protected]) 2023-10-19 - 11:16:32 PM GMT
Document e-signed by Chris Karrer ([email protected]) Signature Date: 2023-10-19 - 11:16:59 PM GMT - Time Source: server Document emailed to Carolyn Vu ([email protected]) for signature 2023-10-19 - 11:17:00 PM GMT
Email viewed by Carolyn Vu ([email protected])
2023-10-19 - 11:19:14 PM GMT
Document e-signed by Carolyn Vu ([email protected]) Signature Date: 2023-10-19 - 11:19:20 PM GMT - Time Source: server Document emailed to Barbara Rooney ([email protected]) for signature 2023-10-19 - 11:19:21 PM GMT
Email viewed by Barbara Rooney ([email protected]) 2023-10-23 - 3:06:19 AM GMT
Document e-signed by Barbara Rooney ([email protected]) Signature Date: 2023-10-23 - 3:06:30 AM GMT - Time Source: server Agreement completed.
2023-10-23 - 3:06:30 AM GMT
Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 25

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November 15, 2023
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311 of 672

RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund 301 Adopted FY 2023/24 Revenue Budget: $531,369.00

1. Record Appropriation(s):

Amended Grant Fund 301 FY 2023/24 Revenue Budget: $4,927,873.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryover Grants 301-Various $112,062.00 August 16, 2023
Grant: National Opiate Litigation
Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-3753 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-3865 $140,000.00
TOTAL: $4,396,504.16

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryover Grants Various $482,756.82
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 26

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November 15, 2023
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Amending the Fiscal Year 2023/24 Grant Fund Budget
Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant 2 4
7 6
4 0
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $5,298,567.98

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund 301 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

OTS Selective Traffic Enforcement Program (STEP) Grant $140,000.00 Amended Grant Fund 301 FY2023/24 Budget $4,927,873.16

Expenditures:

OTS Selective Traffic Enforcement Program (STEP) Grant $140,000.00 $0 Amended Grant Fund 301 FY2023/24 Budget $5,298,567.98 PASSED, APPROVED AND ADOPTED this 15th day of November 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-4555-58119 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-4911-52426 $140,000.00 TOTAL: $4,767,198.98
Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 27

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November 15, 2023
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This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.

FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:

If Federal Grant:

Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:

Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:

Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
23/24
11/15/2023
Selective Traffic Enforcement Program (STEP)
Office of Traffic Safety (OTS)
Menifee Police Department
Christine Booker
OTS

20.608 & 20.600
N/A
PT22029
10/01/2023-09/30/2024
-
$140,000
Reimbursement
$0
-
$140,000
-
301-4911-52426
301-3865
No
N/A
yes, see above.

No
Yes
Yes
FY24/25
No
✔
10/01/2023-09/30/2024
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

GEMS to be used to complete and submit quarterly performance reports (QPRs) and reimbursement claims.

Item Title: 10.8
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 28

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CITY OF MENIFEE
SUBJECT: Asset Forfeiture Appropriation of Funds
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve a budget amendment resolution authorizing the Menifee Police Department to appropriate asset forfeiture funds in the amount of $20,563 for the purchase of a narcotics canine (K9) and applicable training.

DISCUSSION
In August of 2020 the County of Riverside transferred to the City of Menifee $88,653.07 in asset forfeiture funds. These funds were previously overseen by the Riverside County Sheriff’s Department. These funds are the Menifee Police Department’s portion of multiple state cases resulting in asset forfeiture funds being allocated through the Department of Justice (DOJ) Equitable Sharing Guidelines. These funds have been deposited into the City’s restricted Trust Fund (Account No. 350-2315) until needed for eligible uses. The Menifee Police Department has requested previous appropriations of the asset forfeiture funds as shown below in Table 1 below.

Table 1 – Previous Appropriation Requests
Asset Forfeiture Funds Summary
Initial Funds Transferred from County: $88,653.07 City Council Approval Date Use Amounts
October 7, 2020 Training
Materials & Supplies
Capital Outlays
$(3,504.00)
(1,164.00)
(6,444.00)
November 18, 2020 Material & Supplies
Capital Outlays
(9,559.00)
(441.00)
October 6, 2021 Professional Services
Furniture & Equipment
(24,600.00)
(11,589.00)
April 20, 2022 Professional Services (9,500.00)
November 15, 2023 K9 Supplies
Training
(13,763.00)
(6,800.00)
Remaining Balance Asset Forfeiture Funds: $1,289.07 Item Title: 10.9
Asset Forfeiture Appropriation of Funds
Item Page Number: 1

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November 15, 2023
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City of Menifee Staff Report
Asset Forfeiture Appropriation of Funds
November 15, 2023

Page 2 of 2 ends

1 7
6 1
The requested appropriations would be allocated to the K9 supplies account in the amount of $13,763 to fund the purchase of a narcotics K9 and accompanying equipment. The additional $6,800 appropriation would fund the initial and ongoing training for the staff member and canine for a period of twelve months from the Police Department training account.

The K9 would be partnered with the Detective assigned to a Homeland Security Investigation Financial Taskforce (HSI). The goal of this taskforce is to investigate and disrupt criminal organizations involved in the transportation and sales of large quantities of illegal narcotics throughout Southern California. These investigations have led to the seizure of large quantities of narcotics, firearms, and currency which was obtained through this criminal activity. From December 2021 to present, the Menifee Police Department is expected to receive $193,784.14 to be deposited into the Restricted Trust Fund upon disbursement.

When the Menifee Police Department first joined the HSI taskforce, two narcotics detection K9s were assigned to the team provided by other taskforce officers. Due to movement within those specific police departments, there are currently no narcotics detection K9 allocated as available resources. As a contributing agency to the HSI team, Menifee receives a designated percentage of any funds seized for asset forfeiture per the memorandum of understanding. By providing the additional resource of a narcotics detection K9 to the team, Menifee would receive a higher percentage of any funds seized resulting from the use of the Narcotics Detection K9.

Following the recommended appropriation of $20,563 the remaining balance in the Restricted Trust Fund would be $1,289.07.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The Finance Department would appropriate $20,563 to Account No. 100-3468 (State Asset Forfeiture) by transferring from Account No. 350-2315 (Restricted Trust Fund) and would appropriate corresponding expenditures to the following accounts:
100-4911-52753 K9 Supplies $13,763
100-4911-52211 Training $6,800
The appropriated revenue to Account No. 100-3468 would be fully offset by the planned expenditures in the General Fund.

Future fiscal impacts would be minimal and include the cost for care of the K9. Those costs would be budgeted accordingly in future fiscal years.

ATTACHMENTS

1. Budget Amendment Resolution- Asset Forfeiture
Item Title: 10.9
Asset Forfeiture Appropriation of Funds
Item Page Number: 2

Menifee Mayor and City Council
November 15, 2023
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RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund 100 Adopted FY 2023/24 Revenue Budget: $70,722,556.00

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
November 15, 2023 State Asset Forfeiture 100-3468 $20,563.00 TOTAL: $20,563.00
Amended General Fund 100 FY 2023/24 Revenue Budget: $70,743,119.00 General Fund 100 Adopted FY 2023/24 Expenditure Budget: $71,955,477.00

2. Record Appropriation(s):

Amended General Fund 100 FY 2023/24 Expenditure Budget: $79,491,006.27

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2023 2023 Carryovers 100-Various 7,414,966.27
November 1, 2023 Menifee JOBSNow Initiative 100-4350-52800 100,000.00 November 15, 2023 K9 Supplies 100-4911-52753 $13,763.00 November 15, 2023 Training 100-4911-52211 $6,800.00
TOTAL: $7,535,529.27
Item Title: 10.9
Asset Forfeiture Appropriation of Funds
Item Page Number: 3

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November 15, 2023
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Amending the Fiscal Year 2023/24 General Fund Budget
State Asset Forfeiture
2 4
7 3
1 5

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
350-2315 100-3468 $20,563.00
TOTAL: $20,563.00

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the General Fund 100 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

State Asset Forfeiture $20,563.00
Amended General Fund 100 FY2023/24 Budget $70,743,119.00

Expenditures:

K9 Supplies $13,763.00
Training $6,800.00
Amended General Fund 100 FY2023/24 Budget $79,491,006.27 PASSED, APPROVED AND ADOPTED this 15th day of November, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.9
Asset Forfeiture Appropriation of Funds
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CITY OF MENIFEE
SUBJECT: Agreement with Helix Environmental Planning, Inc. for CEQA Consulting Services for Evans Park North Design
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Helix Environmental Planning, Inc. for CEQA consulting services in an amount not-to-exceed $297,650 for Capital Improvement Program (CIP) Project No. 24-08, Evans Park North Design and Construction.

DISCUSSION
In 2016, the City of Menifee was dedicated approximately 19 acres of property adjacent to Paloma Valley High School for the development of a future park site. The development of the land was separated into two phases. Phase 1 included the development of a pump track and bike trail on the six acres South of Craig Avenue. Phase 2 involved the development of the thirteen acres north of Craig Avenue. On October 31, 2022, Phase 1 was completed with the opening of the Gale Webb, Kids-R-#1 Action Sports Park.

Prior to the completion of Phase 1, an environmental study was conducted by Helix Environmental Planning (“Helix”), which included a program-level analysis of the parcel north of Craig Avenue.

At the conclusion of the study, it was determined that a more in-depth study would be necessary for the north parcel in order to proceed with the development of Phase 2. An updated project scope was created, and Capital Improvement Program (CIP) Project No. 24-08 Evans Park North Design and Construction was approved as part of the Fiscal Year (FY) 2023-2024 CIP budget for the development of this phase. The project includes the environmental, engineering, design, and eventual construction of the parcel.

In accordance with purchasing best practices and with assistance from the Finance Department, staff implemented the Request for Quote (RFQ) process by reaching out to environmental consulting firms on the CIP Environmental Services short-list. The City’s current short-list was Item Title: 10.10
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derived from RFQ No. 2022-01 completed in FY 2021/2022. The scope of work would include an initial study and depending on the findings, either a mitigated negative declaration report or an environmental impact report.

The City received proposals from Helix Environmental Planning, Inc. (Helix) and Kimley Horn and Associates, Inc. as listed in Table 1 below.

Table 1 – RFQ Results
Task Description HELIX Kimley Horn
Task 1. Technical Studies/Initial Study $186,794 $127,980 Task 2A. Mitigated Negative Declaration $43,535 $42,590 Task 2B. Environmental Impact Report $110,856 $136,308
Option 1 - TOTAL Task 1 & 2A $230,329 $170,570
Option 2 - TOTAL Task 1 & 2B $297,650 $264,288
Under the California Government Code Section 4526 local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications.

After a thorough review and analysis of both proposals, staff recommends moving forward with HELIX due to their thorough proposal and their previous experience with the Evans Park site as the firm who completed the initial Due Diligence in November 2020 and the Initial Study/Mitigated Negative Declaration (ISMND) in March of 2022. It was determined that the difference in price between Helix and Kimley Horn was due to several necessary surveys that would be provided by Helix including a burrowing owl survey, a wet season fairy shrimp survey, and a dry season fairy shrimp survey. These surveys were called out in the initial Due Diligence report and ISMND. All three surveys were not included in Kimely Horn’s proposal making staff believe their report would be insufficient upon completion.

Upon preliminary review, HELIX believes that once the technical studies are completed CEQA requirements could be met without a full Environmental Impact Report (EIR) resulting in HELIX performing Task 1 and 2A of their proposal for an amount of $230,329. However, the proposal included the cost of a full EIR (Task 2B) as a way of securing the pricing in the unlikely event it would be required to complete the project.

Based on the findings at the completion of the environmental technical studies, staff would move forward with the design and construction portions of this project.

STRATEGIC PLAN OBJECTIVE
Unique Identity
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FISCAL IMPACT
The fiscal impact of the proposed agreement with Helix would be $297,650. Funding in the total amount is available in the existing project funding as shown in Table 2 on the following page. No additional budget appropriation would be required for this action.

Table 2: CIP 24-08 Funding Availability
Funding Source Account Number
Available
Balance
Amount
Requested
DIF Citywide – Parks Improvement 522-4555-58181 $200,000 200,000 Local park 620-4555-58181 $100,000 97,650
Total $300,000 $297,650

ATTACHMENTS

1. Agreement - Helix Environmental Planning, Inc.

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

TECHNICAL STUDIES AND INITIAL STUDY AND ENVIRONMENTAL IMPACT REPORT (EIR) FOR CIP 24-08 EVANS PARK NORTH PROJECT
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 HELIX ENVIRONMENTAL PLANNING,INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on November 15, 2023 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

1.7 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 applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Two Hundred Ninety Seven Thousand Six Hundred Fifty Dollars and Zero Cents ($297,650.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

2.3 INTENTIONALLY OMITTED.

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: 10.10
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required to furnish any facility or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to Item Title: 10.10
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be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 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:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right Item Title: 10.10
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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.
(iv) 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:

TECHNICAL STUDIES AND INITIAL STUDY AND ENVIRONMENTAL IMPACT REPORT (EIR) FOR CIP 24-08 EVANS PARK NORTH PROJECT. 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. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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.

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e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the 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, Item Title: 10.10
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“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

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

SECTION 6. 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 Subsection 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 is or any of its officers, employees, or agents are 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 Item Title: 10.10
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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. 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 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site.

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(ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims 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 Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other Item Title: 10.10
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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, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were 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 Subsection 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 Item Title: 10.10
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this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection 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 laws of the State of California shall govern 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. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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 Andrea Bitterling (“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.

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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Nancy Rodriguez, Management Analyst (“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:

HELIX ENVIRONMENTAL PLANNING,INC
Attn: Andrea Bitterling
7578 EL CAJON BOULEVARD
LA MESA, CA 91942
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst
with a copy to:

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

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

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

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Item Title: 10.10
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

10.16 No Third Party Beneficiaries. 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
Rebekah Kramer, Acting City Manager
Attest:

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

Jeffrey T. Melching, City Attorney

CONSULTANT
Andrea Bitterling, Southern California
Planning Division Manager
Michael Schwerin, CEO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include TECHNICAL STUDIES AND INITIAL STUDY OR ENVIRONMENTAL IMPACT REPORT (EIR) FOR CIP 24-08 EVANS PARK NORTH PROJECT services in the amount not to exceed Two Hundred Ninety Seven Thousand Six Hundred Fifty Dollars and Zero Cents ($297,650.00) as further detailed in the following page(s).

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