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

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having the banners clustered in high visibility locations, the visual impact of the Program is diminished. Consolidating the designated banner locations in major corridors through each of the City’s four council districts would heighten banner visibility and make it easier to manage the Program; enabling staff to inspect and maintain the banners more efficiently. As such, staff proposes clustering the military banners on Newport Road, Menifee Road and in the Sun City area on McCall Blvd., Sun City Blvd., and Cherry Hills Blvd. The identified locations are shown on the map contained within the attached Policy as Exhibit 2.

Additionally, the current Policy states that banners for World War II, Korean War, and Vietnam War veterans have priority for display on designated streets in the Sun City area (McCall Blvd., Sun City Blvd., and Cherry Hills Blvd.). Given that many applicants recognizing veterans of these wars seek to have their banners placed outside the designated streets, staff recommends amending the policy to allow banners for all active duty and retired service members to be displayed based upon the applicant’s location preference and availability.

Banner Design
Staff also recommends updating the military banner design to create a more cohesive look throughout the City. Utilizing a more vibrant color scheme would improve visual impact and help the banners to stand out in their designated locations. There are two standard banner designs included in the amended policy. These include a design for active duty and retired service members and a design for those who have died in the line of duty. There is also a design option presented for applicants that do not have a service member photo. These design options are outlined within the attached policy as Exhibit 1.

Commemorative Banner
Under the current Policy, banners are taken down, cleaned, and returned to applicants. Banners can be presented to applicants during the City’s Memorial Day or Veterans Day events, mailed, or picked up by the applicant from City Hall. These banners are often damaged and faded, and the large size (30 x 90 inches) is not ideal for home display. Additionally, staff are often unable to reach applicants to return banners due to outdated contact information. As part of the Program redesign, applicants would receive a smaller commemorative banner provided at the time of installation. This Program enhancement allows the applicant to have a banner they can display in their homes while reducing the administrative time and cost associated with cleaning, locating, and returning old, often damaged banners, to applicants by mail or in person. This enhancement also eliminates the need to store banners at City Hall when applicants cannot be located for banner retrieval.

Application Deadlines
The submittal deadlines have been updated to ensure that there is sufficient time to process applications for the Memorial Day and Veterans Day installations.

Collectively the proposed amendments to the Policy would enable the City to continue to operate a robust Military Banner Program, honoring our community’s military service members without increasing participant costs.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 2

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

City of Menifee Staff Report
Military Banner Program Policy Amendment
November 15, 2023

Page 3 of 3 ends

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STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the proposed policy amendments. The adopted operating budget for the City Executive Office (Account No. 100-4111-52430) includes sufficient funding to support the Program in Fiscal Years 2023/2024 and 2024/2025.

ATTACHMENTS

1. Amended Military Banner Program Policy

2. Amended Military Banner Program Policy - Redlined
Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 3

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

CITY OF MENIFEE
City Council Policy
Policy Number: CC-30

Approving Authority :

City Council
Subject

MILITARY BANNER PROGRAM POLICY
Effective Date:

February 19, 2020
Last Modified:

August 18, 2021
Last Modified:

November 15, 2023

1. SUMMARY

The Military Banner Program was created to recognize and celebrate Menifee residents or their immediate family members (legal guardian , spouse, mother, father, daughter, son, brother, sister, grandson, granddaughter) who have served or are currently serving in the United States Armed Forces . The display of the military banners will contribute to the community's quality of life which lends a special character to the City of Menifee.

The Menifee City Council has established the Military Banner Program to be administered by the City in accordance with the terms and provisions set forth in this program.

2. DEFINITIONS

For the purpose of this policy, the following phrases shall have the following definitions:

A. "Active duty" means twelve (12) months of continuous and currently ongoing active duty service in the United States Armed Forces.

B. "Reservist" means twelve (12) months of being assigned to a Reserve unit in the United States Armed Forces.

C. "United States Armed Forces " means the United States Army , Marine Corps, Air Force, Navy, Coast Guard, Merchant Marines, Space Force, and National Guard- Active Reserve.

D. "Veteran" means a person that (a) previously qualified as currently serving or active duty in the United States Armed Forces, and (b) was honorably discharged from the United States Armed Forces (and/or currently continues to serve as a reservist).

3. PURPOSE AND INTENT

In establishing this program , the City does not intend in any manner to create a public forum or other means by which noncommercial social , religious, or political messages may be conveyed , or by which public discourse , exchange of opinions, or discussion on issues of any nature may occur. The sole and limited purpose of the Military Banner Program is to recognize and honor the contribution of currently serving or active duty and veterans of the United States Armed Forces by permitting the display of banners containing the serviceperson's name, professional grade photo (if available), and service division. Consistent with the intent of the City , as expressed above, the City permits the sponsorship and display of the Armed Forces banners solely in accordance with the following policy:

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 4

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

City of Menifee Policy CC-30

Page 2 of 6 ends

MILITARY BANNER PROGRAM POLICY

4. BANNER CONTENT AND SPECIFICATIONS

A. The text of a banner must list the name of the person and United States Armed Forces division. Refer to Exhibit 1 for banner designs.

B. No advertisement or other commercial speech shall be permitted on Military Banner Program banners with the sole exception of non -profit agency sponsorship titles or non-profit agency sponsorship logos with City staff approval.

5. ELIGIBILITY CRITERIA

A. Any person or organization can apply for a banner for a currently serving reservist or active duty serviceperson in the United States Armed Forces, or a veteran (an "honoree"). To be considered, the application must include a verification of the honoree's military status. This can be verified through the recognized Military Documents or Military Discharge Documents, such as orders, DD form 214, or military identification for currently serving reservists or active duty servicepersons (collectively, "verification documents").

B. The honoree must be a resident of the C ity of Menifee or immediate family member (legal guardian, spouse, mother, father, daughter, son, brother, sister, grandson, granddaughter) of a current City of Menifee resident. Residency must be verified with a recent utility bill , driver's license, or other form of identification listing a current City of Menifee address as deemed appropriate by City of Menifee staff.

6. DISPLAY TERM

A. The banner will be displayed for a minimum of twelve (12) months and a maximum of twenty-four (24) months. City of Menifee staff will exercise discretion as to when it is appropriate to display the banners and for what duration depending on demand and number of participants.

B. The banner shall be removed if:
i. the banner becomes damaged due to wind, age, vandalism, or other reasons as solely determined by the City;
ii. the honoree no longer meets the eligibility criteria; iii. the Military Banner Program is discontinued for any reason at the discretion of the City Council;
iv. all banner locations are filled, in which case the City shall have the right to replace banners annually, thereby allowing those interested in the program to participate.

7. PROCESS AND REQUIREMENTS

A. Applications will be submitted to the City of Menifee by using the form provided by the City, and shall include the name of the proposed honoree , branch of service , professional grade photo (if available), contact information of applicant, and a copy of a form of identification in order to verify City of Menifee residency of either the honoree or the honoree's immediate family member(s) .

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 5

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

City of Menifee Policy CC-30

Page 3 of 6 ends

MILITARY BANNER PROGRAM POLICY

The photograph submitted must be of professional grade and have a minimum of 5"x7" dimensions, be either in color or black and white, be of the proposed honoree in uniform, and have a resolution of 300 dpi or higher if submitted electronically . If a photograph is not available , banners can be prepared without the honoree 's picture (see Exhibit 1).

B. Verification documents for the proposed honoree must also be submitted or verified in person. Not providing the accepted forms of verification documents will result in the rejection of the application.

C. Applications must include payment for the cost of the banner, including installation and removal, paid in full at the time of submittal. If an application is wait-listed, the payment will be requested once a location becomes available and the application is ready to be processed . If an application is deemed ineligible , then the cost will be refunded to the applicant following the City of Menifee's Finance Department's normal reimbursement process and timeframe.

The cost per application is currently $135, which covers a portion of the costs of application processing, banner design and fabrication, and the installation and removal of the banner. This cost includes a commemorative banner presented to Program participants at City Hall or the City’s Memorial Day or Veterans Day events. The City reserves the right to change the application fee without prior notice, and the City Council delegates authority to the City Manager to make such adjustments without further City Council action so long as the adjustment is less than the current full cost of each banner application. Acceptable forms of payment are limited to the methods of payment allowed by the City of Menifee's Finance Department.

D. Applications may be submitted and will be processed on an on-going basis; however, banners will be installed twice each fiscal year (July 1 - June 30), depending on pole availability. Applications must be completed and submitted by February 15 to have a banner placed in time for Memorial Day . Applicants who would like their banner installed by Veteran's Day, must submit prior to August 15.

The City has limited space for the placement of banners and space is assigned to approved applications on a first-come, first-served basis. Due to space limitations, it is possible that not all approved applications will be assigned a space . Approved applications that are not ass igned a space at the time of application approval shall be placed on a waiting list to be processed for an assigned space as it becomes available.

E. Only one banner per honoree is allowed. The lettering of the name and branch of the serviceperson will be sized to fit the personalization area on the banner . Spelling of the name will be taken directly from the application.

F. Once the application has been processed, the City will create the banner with a manufacturing company selected on the City's staff sole discretion. Once approved, applicants will be notified of approval and banner location.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 6

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

City of Menifee Policy CC-30

Page 4 of 6 ends

MILITARY BANNER PROGRAM POLICY
G. The number of, and specific banner locations shall be determined solely by the City and may be revised without prior notice. An applicant may not pre-select a specific location for the banner. Banner placement is determined by City staff and is currently based on the availability of the poles . If the City in its discretion elects to relocate a banner at the request of an applicant, all costs of relocation will be the sole responsibility of the applicant and shall be paid in full before the relocation occurs.

H. Banners will be placed on poles in accordance with the Military Banner Location Map (Exhibit 2) which will include the Sun City area (McCall Blvd, Sun City Blvd, Cherry Hills Blvd.), Newport Road and Menifee Road. Banners can be placed in any of these locations based upon preference and availability regardless of active duty or veteran status.

I. The City is responsible for the removal of banners that are due for removal, or are damaged or destroyed due to age, vandalism, accidents, or any acts of nature, including high winds, and excluding normal warranty repairs. The City is not responsible for maintaining or repairing banners, or for replacing banners that are lost, stolen, damaged, or destroyed due to age, vandalism, accidents, or any acts of nature, including high winds, aside from current normal warranty repairs. Applicants shall either pay for the cost of maintenance or replacement and repair for the banner, or the banner (if in disrepair) shall be removed .

J. Applicants shall have no right of access to installed banners , but may request removal of the installed banner for their specified honoree . Once a banner is removed following such a request , the applicant shall have no further rights pursuant to this policy.

K. Photographs submitted with the Military Banner Program application shall become property of the City of Menifee . Photographs with names and military branches may be posted on the City's website and may be used for other military-related events, unless otherwise requested in writing by the applicant or honoree .

L. The right to have a banner displayed pursuant to this policy may not be transferred or assigned.

M. Once a banner is removed, applicants may re-apply for a new banner after a waiting period of 12 months to allow for other participants ; however, City staff may use discretion on the waiting period should no other banner(s) be waitlisted . If, after the waiting period , an additional banner for an honoree is approved , the banner will be placed in accordance with paragraph Vll(8), above; there is no guarantee that the additional banner will be placed at the same location as the original banner.

N. The City of Menifee reserves the right to revise this policy, discontinue the Military Banner Program and/or revise applicable fees without prior notice.

While damaged and/or removed banners will not be retained or returned, participants will receive an commemorative banner.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 7

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

City of Menifee Policy CC-30

Page 5 of 6 ends

MILITARY BANNER PROGRAM POLICY

8. SPONSORSHIP & CRITERIA FOR DONATION USE

A. The City can accept donations , per the City's donation policy, on an on-going basis to support the Military Banner Program. Any person or organization can be a sponsor of a banner or the program. To make donations in support of the program, checks can be made payable to City of Menifee; all donations can be mailed to or dropped off at :

City of Menifee
Attn: Military Banner Donations
29844 Haun Road
Menifee, CA 92586

B. Donation funds, if available and on a first come -first use basis, may be utilized upon request to fund a Military Banner if the service member is a current City of Menifee resident, or immediate family member of a current City of Menifee resident, and one or more of the following criteria is met:

i. Fallen Hero (priority given to Gold Star Families) ii. Service member received special recognition; or iii. Financial hardship (at the discretion of the City Manager or designee)

If at the time of the donation, a clear name is not submitted for the banner(s) with the donation(s) made, then the City of Menifee holds the authority and reserves the right to direct how, who, where, and when the banner(s) are created, displayed or donated to, based on criteria within the banner donation policy. Other special circumstances will be reviewed on a case-by-case basis and will be at the discretion of the City Manager or designee.

9. INDEMNIFICATION AND HOLD HARMLESS

The application form for the placement of banners shall require that each banner applicant indemnify and hold the City of Menifee, and each of its elected officials, officers, employees, agents , and volunteers free and harmless with respect to any and all liabilities, claims, lawsuits and/or damages of any nature whatsoever that allegedly arise from or are connected to the approval of the applicant's banner application , including the display of, and/or damage to or loss of any banner or banners.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 8

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

City of Menifee Policy CC-30

Page 6 of 6 ends

MILITARY BANNER PROGRAM POLICY

Revision History

Revision No. Date Approved Approved By: Comments
0 February 19, 2020 City Council Original Policy
1 August 18, 2021 City Council Amended Donations, Section 8

Approved:

_____________________________ ____________________
Bill Zimmerman, Mayor Date

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 9

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

Exhibit 1 - Banner Designs
Sample design with photo provided Sample design with no photo provided Design 1
Active Duty and
Retired Veterans
Design 2
Died in the
Line of Duty
Design 1
Active Duty and
Retired Veterans
Design 2
Died in the
Line of Duty
Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 10

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

Sun City Blvd.

McCall
Blvd.

CherryHills Blvd.

Menifee
Rd.

Newport Rd.

City Boundary
Program Range
Proposed
Layer
Council District
1 2
3 4
0 1 2
Miles
Path: E:\Online Services\Deployment\Internal\Military_Banners\Military_Banners.aprx Date: 10/24/2023 City of Menifee Military Banner Program
Proposed Program Map
Loma Linda University, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMA Exhibit 2
Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 11

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

CITY OF MENIFEE
City Council Policy
Policy Number: CC-30

Approving Authority :

City Council
Subject

MILITARY BANNER PROGRAM POLICY
Effective Date:

February 19, 2020
Last Modified:

August 18, 2021
Last Modified:

November 15, 2023

1. SUMMARY

The Menifee City Council has established the Military Banner Program to be administered by the City in accordance with the terms and provisions set forth in this program.

2. DEFINITIONS

For the purpose of this policy, the following phrases shall have the following definitions:

A. "Active duty" means twelve (12) months of continuous and currently ongoing active duty service in the United States Armed Forces.

B. "Reservist" means twelve (12) months of being assigned to a Reserve unit in the United States Armed Forces.

C. "United States Armed Forces " means the United States Army , Marine Corps, Air Force, Navy, Coast Guard, Merchant Marines, Space Force, and National Guard- Active Reserve.

3. PURPOSE AND INTENT

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 12

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

City of Menifee Policy CC-30

Page 2 of 6 ends

MILITARY BANNER PROGRAM POLICY

4. BANNER CONTENT AND SPECIFICATIONS

A. The text of a banner must list the name of the person and United States Armed Forces division. Refer to Exhibit 1 for sample banner designs.

5. ELIGIBILITY CRITERIA

6. DISPLAY TERM

7. PROCESS AND REQUIREMENTS

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 13

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

City of Menifee Policy CC-30

Page 3 of 6 ends

MILITARY BANNER PROGRAM POLICY

The cost per application is currently $135, which covers a portion of the costs of application processing, banner design and fabrication, and the installation and removal of the banner. This cost includes a comme morative banner presented to Program participants at City Hall or the City’s Memorial Day or Veterans Day events. The City reserves the right to change the application fee without prior notice, and the City Council delegates authority to the City Manager to make such adjustments without further City Council action so long as the adjustment is less than the current full cost of each banner application. Acceptable forms of payment are limited to the methods of payment allowed by the City of Menifee's Finance Department.

D. Applications may be submitted and will be processed on an on-going basis; however, banners will be installed twice each fiscal year (July 1 - June 30), depending on pole availability. Applications must be completed and submitted by March 1 February 15 to have a banner placed in time for Memorial Day . Applicants who would like their banner installed by Veteran's Day, must submit prior to September 1 August 15.

F. Once the application has been processed , the City will create the banner with a manufacturing company selected on the City's staff sole discretion. Once approved, applicants will be notified of approval and banner location.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 14

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

City of Menifee Policy CC-30

Page 4 of 6 ends

MILITARY BANNER PROGRAM POLICY

G. The number of, and specific banner locations shall be determined solely by the City , and may be revised without prior notice. An applicant may not pre -select a specific location for the banner . Banner placement is determined by City staff and is currently based on the availability of the poles . If the City in its discretion elects to relocate a banner at the request of an applicant, all costs of relocation will be the sole responsibility of the applicant, and shall be paid in full before the relocation occurs.

G.H. Banners will be placed on poles in accordance with the Military Banner Location Map (Exhibit 2) which will include the Sun City area (McCall Blvd, Sun City Blvd, Cherry Hills Blvd.), Newport Road and Menifee Road. Banners can be placed in any of these locations based upon preference and availability regardless of active duty or veteran status.

H. Military banners for Korean War veterans, Vietnam War veterans, and World War II veterans will have preference in the Sun City community area. City staff will do their best to accommodate the requests for these banners.

I. The City is responsible for the removal of banners that are due for removal, or are damaged or destroyed due to age, vandalism, accidents, or any acts of nature, including high winds, and excluding normal warranty repairs. The City is not responsible for maintaining or repairing banners , or for replacing banners that are lost , stolen, damaged, or destroyed due to age, vandalism, accidents, or any acts of nature, including high winds, aside from current normal warranty repairs. Applicants shall either pay for the cost of maintenance or replacement and repair for the banner, or the banner (if in disrepair) shall be removed.

J. Removed banners may , in the City's discretion, be returned to the applicant or honoree during the City of Menifee's Memorial Day or Veteran's Day event. A certificate, at the City's discretion, may also be presented to the applicant or honoree.

K.J. Applicants shall have no right of access to installed banners, but may request removal of the installed banner for their specified honoree . Once a banner is removed following such a request, the applicant shall have no further rights pursuant to this policy.

L.K. Photographs submitted with the Military Banner Program application shall become property of the City of Menifee . Photographs with names and military branches may be posted on the City 's website and may be used for other military - related events, unless otherwise requested in writing by the applicant or honoree.

M.L. The right to have a banner displayed pursuant to this policy may not be transferred or assigned.

N.M. Once a banner is removed, applicants may re-apply for a new banner after a waiting period of 12 months to allow for other participants ; however, City staff may use discretion on the waiting period should no other banner(s) be waitlisted . If, after the waiting period, an additional banner for an honoree is approved , the banner will be placed in accordance with paragraph Vll(8) , above; there is no guarantee that the additional banner will be placed at the same location as the original banner.

N. The City of Menifee reserves the right to revise this policy, discontinue the Military Banner Program and/or revise applicable fees without prior notice . While damaged and/or removed banners will not be retained or returned, participants will receive a commemorative banner.

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 15

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

City of Menifee Policy CC-30

Page 5 of 6 ends

MILITARY BANNER PROGRAM POLICY

If the program is discontinued, each banner will be returned to the applicant to the City's best efforts possible. The City is not responsible for returning banners to for applicants who do not send in address changes and/or provide current address information to the City.

The City is also not responsible for any lost banners via inclement weather or via mail during the return process. Please refer to section IX.

8. SPONSORSHIP & CRITERIA FOR DONATION USE

City of Menifee
Attn: Military Banner Donations
29844 Haun Road
Menifee, CA 92586

i. Fallen Hero (priority given to Gold Star Families) ii. Service member received special recognition; or iii. Financial hardship (at the discretion of the City Manager or designee)

9. INDEMNIFICATION AND HOLD HARMLESS

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 16

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

City of Menifee Policy CC-30

Page 6 of 6 ends

MILITARY BANNER PROGRAM POLICY

Revision History

Revision No. Date Approved Approved By: Comments
0 February 19, 2020 City Council Original Policy
1 August 18, 2021 City Council Amended Donations, Section 8

Approved:

_____________________________ ____________________
Bill Zimmerman, Mayor Date

Item Title: 12.1
Military Banner Program Policy Amendment
Item Page Number: 17

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

CITY OF MENIFEE
SUBJECT: Veterans Committee and Resources
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss the potential formation of a Veterans Advisory Committee.

DISCUSSION
At the January 18, 2023 City Council meeting, staff presented the current methods of communication and recognition that the Community Services Department staff employ to continually engage the Menifee military and veteran community. These methods consisted of past informal gatherings and outreach to all local veteran groups to support the planning and implementation of the various annual special events. Many of the participating organizations are also active participants of the bi-monthly Community Partners Meetings. Staff was provided direction to further evaluate the interest of the veteran community for a city appointed committee and/or provide alternative solutions to ensure the voice of the veteran community remains heard.

City staff consulted with the various military and veteran organizations that serve Menifee and although support for a formal committee is appreciated, many groups expressed concern about the additional commitment of time, the potential for duplication of efforts, and the ability to fairly represent all groups equally within the limitations of a committee.

In an effort to address these concerns, an option for the City Council’s consideration is for the City to organize an annual summit to provide a collaborative forum for all groups to share information and build partnerships focused on the military and veteran community. This approach would allow for maximum participation while creating opportunities for building a stronger community network of support. Similar to the Annual Education Summit, the City Council could appoint two members of the Council to an Annual Veteran’s Summit Committee. Based on the feedback from the initial summit meeting, the City could adjust how often meetings would be scheduled and the content of future meetings in order to be supportive and responsive to the needs of the group.

Item Title: 12.2
Veterans Committee and Resources
Item Page Number: 1

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

City of Menifee Staff Report
Veterans Committee and Resources
November 15, 2023

Page 2 of 2 ends

1 8
1 3
Additionally, staff heard from organizations that they would appreciate a way to make information more readily available and accessible to better inform the whole community about military and veteran resources. In response to this request, City staff are working on organizing monthly workshops to be hosted at the Kay Ceniceros Senior Center highlighting the various resources and community groups working to support Menifee veterans and their families. An annual workshop calendar is scheduled for release in December with the first workshop scheduled for January 2024.

City staff are open to additional feedback and recommendations for veteran programs and resource options.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The organization and implementation of an annual Veterans Summit and the addition of monthly informational workshops can be absorbed in the Community Services Department Fiscal Year 2023-24 adopted budget.

ATTACHMENTS
None.

Item Title: 12.2
Veterans Committee and Resources
Item Page Number: 2

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

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and provide feedback on the potential partnership with Perris Union High School District for the use of the aquatic facility at Paloma Valley High school for Aquatics Programs for Summer 2024.

DISCUSSION
With the adoption of the updated Parks Master Plan in July 2023, City staff have been working towards incorporating the recommended actions into future programs and projects. One of the key findings during the stakeholder outreach component of the Parks Master Plan was the need for additional aquatic facilities and programs. In researching the costs of constructing and operating a new aquatics facility, staff discovered new projects in Southern California ranging from $23 to $35 million and often had construction schedules that spanned almost two years.

Additionally, the average cost to maintain an aquatics facility ranged from $120,000 to $325,000 annually without including the cost of personnel for maintenance or programming. With long range planning and funding required to construct an aquatics facility, City staff turned to partnerships as a way to meet the immediate need for creating an aquatics program designed to enhance the quality of life for Menifee residents.

City staff have negotiated a draft Memorandum of Understanding (MOU) with Perris Union High School District (PUHSD) for the use of the newly built aquatics facility at Paloma Valley High School. The facility includes a 33-meter pool, showers, and locker rooms. As an enthusiastic partner in expanding aquatic programing, PUHSD and the City have agreed to the following terms:
•PUHSD would:
oProvide use of the Paloma Valley High School Aquatics Facility when the regular school year is not in session or in use by school programs.

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
Item Page Number: 1

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

City of Menifee Staff Report
Aquatics Program Proposal
November 15, 2023

Page 2 of 4 ends

1 8
1 2
oSet Facility Use Fee to $15 per hour for the use of the Aquatics Facility to be evaluated on an annual basis.
oProvide general care of the Aquatics Facility including maintenance, repair, and cleaning.

•The City would:
oOrganize and implement aquatic programs for Menifee Residents – see Table 1 below for proposed aquatic programs offerings for Summer 2024. oStaff aquatic programs based on current PUHSD hiring practices that include the appropriate certifications, drug and alcohol screening, tuberculosis screening, and background check.
oAdhere to all safety protocols in accordance with PUHSD safety and industry standards.

Additionally, the draft MOU outlines the initial term to be from date of approval from both the City and PUHSD through June 30, 2026, with the ability to expand to other PUHSD sites upon mutual agreement.

Table 1 – Proposed Summer 2024 Aquatics Program Schedule Recreation Swim
Days of Operation Hours of Operation Daily Fees
Monday – Thursday 1:00 PM – 3:00 PM $2 R, $3 NR
Saturdays 11:00 AM – 3:00 PM $2 R, $3 NR
Learn-to-Swim
Session Dates Times Fees
1 June 17 – 21 and June 24 – 28
2 July 1 – 5 and July 8 – 12
3 July 15 – 19 and July 22 -26
3:30 – 4:00 PM
4:15 – 4:45 PM
5:00 – 5:30 PM
5:45 – 6:15 PM
6:30 – 7:00 PM
7:15 – 7:45 PM
$75 R, $90 NR
(R) Resident (NR) Non-Resident
The above proposed schedule would be dependent on the training, recruitment, and hiring of qualified Lifeguards, Water Safety Instructors, and Pool Managers. This schedule also has the potential to serve 100-200 youth daily in Learn-to-Swim lessons and 100 – 150 residents of all ages during the daily and weekly Recreation Swim hours. A rate study of local aquatic programs was conducted to establish the proposed fees.

City staff have been working diligently in preparation for the creation and implementation of aquatics programming. This program would be added to the Sports Division and would be directly supervised by a Community Services Coordinator with assistance and oversight from the Community Services Supervisor and Manager. Current City staff have over 15 years of combined experience in managing aquatic programs from past employment experiences and would plan to Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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attend the upcoming California Aquatics Management School as additional training provided by the California Park and Recreation Society.

City staff presented this proposal to the Parks, Recreation and Trails Commission at the September 7, 2023 regular meeting which was met with positive feedback and the recommendation for City Council review and approval. Upon the recommendation of the City Council, staff would incorporate feedback received into the final MOU and program proposal and bring forward for approval to appropriate the necessary resources for staff training and recruitment to take place in Winter 2024 and program implementation in Summer 2024.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
When researching the various methods of implementing an aquatics program, staff reviewed the possibility of contracting with an outside organization for staffing and programming. In requesting information from local vendors, only one response was received from StandGuard Aquatics who is currently the contracted seasonal operator of the DropZone for Riverside County. The informal proposal included a cost estimate of approximately $50,000 per two week session for management costs only and would require the City to pay additional fees for swim instructors, swim lessons, and costs associated with operating admission. The estimated cost for the Summer 2024 season would be over $250,000 without having the ability to adjust staffing or programming as needed.

With the high contract cost and lack of flexibility and local control, City staff began reviewing the costs associated with offering the program using City personnel and resources. Additionally, in negotiating the MOU for use of facilities, PUHSD has requested that the City not utilize third-party vendors or contractors for programming in order to ensure the quality and consistency of programs offered continue to meet the high standards of both organizations.

The investment in implementing a new aquatics program comes with its unique challenges. Some things to note when reviewing Table 2 on the following page, outlining the requested budget allocations, are:

•Summer programs will span multiple fiscal years and the initial proposal is for two years of programming at one pool location.
oFY 2023-24 (Year 1): Begins January 2024 working with Human Resources to begin recruitment, onboarding, and training of aquatics staff and procurement of one-time start-up supplies and equipment. Learn to swim session 1 is proposed to begin mid-June 2024 along with recreation swim sessions. oFY 2024-25 (Year 2): Includes proposed learn to swim sessions 2 & 3 and recreation swim through July 2024. The preparation for Summer 2025 would begin January 2025 with again hiring seasonal aquatics staff with learn to swim session 1 proposed to begin mid-June 2025 along with recreation swim sessions. •Without knowing the reception of the newly established aquatics programming, staff recommend setting conservative revenue expectations based on 75% capacity.

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Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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•Aquatics programs would be funded through the City’s General Fund, however, staff would continue to seek grant and sponsorship opportunities to offset costs. •Associated personnel would be included in the Authorized Personnel Resolution to be approved by City Council at the regular Mid-Year Budget allocation.

Table 2 – Proposed Budget for Aquatics Programming
Personnel
100-4662
FY 2023-24
Year 1
FY 2024-25
Year 2 Description
50220 – Part Time (Seasonal) $ 72,400 $ 195,600 50310 – Social Security $ 4,500 $ 12,200 50320 - Medicare $ 1,100 $ 2,900
Subtotal $ 78,000 $ 210,700
CS Leader I (2)
Lifeguard (15)
Water Safety Instructor (8)
Pool Manager (2)
Operations
100-4662
FY 2023-24
Year 1
FY 2024-25
Year 2 Description
51010 – Office Supplies $ 300 $ 250 Administrative Supplies 51011 – Supplies $ 2,500 $ 1,200 Instructional/Safety Supplies 51300 – Printing & Duplications $ 50 $ 50 Completion Certificates 51410 – Promotional Materials $ 1,500 $ 1,500 Advertising & Marketing 52054 – Facility Rental $ 2,500 $ 5,000 PUHSD Facility Use Fee 52200 – Membership & Dues $ 650 $ 650 Red Cross Facility Fee 52210 – Conferences & Meetings $ 5,000 $ 1,500 Aquatic Mgmt. Conference 52211 – Trainings $ 6,500 $ 6,500 Certifications 52400 – Uniforms $ 3,500 $ 3,500 Suits, Shorts, Visors 53150 – Furniture & Equipment $ 7,000 $ 1,000 Storage, Safety/Training Equip Subtotal $ 29,500 $ 21,150
TOTAL PROGRAM COSTS $ 107,500 $ 231,850
PROJECTED REVENUE $ 14,500 $ 43,000

ATTACHMENTS

1. Draft Memorandum of Understanding
Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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MEMORANDUM OF UNDERSTANDING BETWEEN THE PERRIS UNION HIGH

SCHOOL DISTRICT AND THE CITY OF MENIFEE FOR USE OF THE PERRIS UNION

HIGH SCHOOL DISTRICT AQUATICS FACILITIES
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on the date it is mutually executed by both parties (“Effective Date”) by and between the City of Menifee, a California municipal corporation (“City”) and Perris Union High School District, a California school district (“District”). City and District may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
I. WHEREAS, the District owns and operates high schools which serve students from within the City of Menifee; and
II. WHEREAS, the District owns and operates Paloma Valley High School within the City of Menifee with surrounding aquatics facilities and equipment including: (1) available pool equipment (lifeguard towers, back boards, lane dividers, etc..), (2) space for City-provided storage container(s), as approved and made available by the District, (3) locker rooms, showers, and bathrooms, (4) AED and other safety equipment as required to provide programming, and (5) parking lot access (collectively, the “Aquatics Facility”) which is depicted in Exhibit A -“Map of Aquatics Facility,” which is attached hereto and incorporated herein; and
III. WHEREAS, the District seeks to make the Aquatics Facility available to the surrounding community to promote public swim safety and recreation; and IV. WHEREAS, the City seeks to provide quality, low cost, aquatics programming options to the City’s community in a way that is accessible, beneficial, and enjoyable to residents; and
V. WHEREAS, the District and the City desire to enter into this MOU to promote their respective goals and set forth the relative responsibilities of the Parties with regard to use of the Aquatics Facility; and
VI. WHEREAS, the District and the City have discussed the potential for expanding this MOU to other aquatics facilities owned by the District at a future date, and intend for this MOU to provide a framework to facilitate such future expansion.

NOW, THEREFORE, it is mutually agreed between the Parties as follows:

Section 1. Term and Termination
A. Term. The term of this MOU shall begin on the Effective Date and shall end on June 30, 2026 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.

B. Termination. Either Party may terminate this MOU upon ninety (90) days’ advance written notice to the other Party. Upon termination each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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Section 2. Rights and Obligations of the Parties
A. Rights and Responsibilities of the City. Under this MOU, the City is responsible for the following:
(1)Staffing. The City shall be responsible, at its own cost, for recruiting, selecting, training and employing suitable, properly trained and licensed/certificated staff needed to sufficiently supervise the City aquatics programs at the Aquatics Facility, including lifeguards, water safety instructors, and community service staff. All appointed candidates for employment for City aquatics programs at the Aquatics Facility must pass (1) a drug and alcohol screening, (2) a tuberculosis (TB) screening, and (3) background check prior to appointment. All water safety staff and lifeguards selected by the City must have completed, and remain in good standing with, all certifications required by the American Lifeguard Association or the American Red Cross as the national certifying agencies for lifeguards. The City will ensure that a sufficient number of water safety staff and lifeguards are supervising City aquatics programs at all times, as specified in the most recent American Red Cross Lifeguarding Manual. To the extent the District, in its reasonable discretion, becomes concerned about the suitability of staff or supervision for City programming and reasonably believes that the unsuitability could endanger the safety of persons or property, it may at any time suspend City use of the Aquatics Facility immediately, until assurances acceptable to District staff, in their reasonable discretion, can be made by the City satisfying District safety concerns.
(2)Emergency Action Plan. The City will develop and adopt emergency action plan(s) for each facility including site maps and the specific location of necessary safety equipment. Maps and other information regarding the location and use of such equipment will be made available to the City upon request pursuant to Section B(4), below. To the extent the District, in its reasonable discretion, becomes concerned about the suitability of emergency action plans or other safety-related components of the City programming, and reasonably believes that the unsuitability could endanger the safety of persons or property, it may at any time suspend City use of the Aquatics Facility immediately, until assurances acceptable to District staff, in their reasonable discretion, can be made by the City satisfying District safety concerns. City shall notify the District as soon as practicable regarding an emergency at the Aquatics Facility.
(3)Programming. The City shall have exclusive authority to provide programming at the Aquatics Facility during “City Usage Times” approved in advance by the District. By November 1st of each calendar year, the City shall provide a proposed schedule of programming to the District for review. Once finalized and approved by both Parties such schedules will be in effect the following summer season. To allow the City adequate time to Item Title: 12.3
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recruit and train aquatics staff, the District shall review and approve, or request modification to the proposed schedules by communicating with the City no later than December 1st of the same calendar year. The District shall confirm dates, times, and locations available for City's aquatic programming listed in the proposed schedules. This programming may include private and group swim lessons, public swim, and special programming. All programming will be hosted directly by City staff and will not include programs or activities hosted or facilitated by third-party organizations. All third party users that wish to use the Aquatics Facility shall book such uses directly with the District, and City agrees not to use its priority hereunder to circumvent the District's Civic Center Act procedures for third party use of the Aquatics Facility. All programs shall adhere to District pool use policies provided to the City hereunder, and all participants will be required by the City to follow industry standard safety procedures related to pool facility use.
(4)Program Fees. The City shall set and collect participation fees for City programming at the Aquatics Facility, which shall be evaluated and adjusted on an annual basis as necessary to account for related City costs.

These fees shall be established and adjusted in accordance with City fee policies, and shall not be determined through a market rate analysis, and not as a means of generating additional revenue for the City. (5)City Facility Use Fee. The City shall reimburse the District at a rate of fifteen dollars ($15) for the Aquatics Facility per hour, of City programming at the Aquatics Facility ("City Facility Use Fee"). Requests for payment of the City Facility Use Fee shall be submitted by the District to the City for reimbursement within a reasonable time, and shall be payable within thirty (30) days of City receipt thereof. Portions of City Facility Use Fees reasonably in dispute may be withheld until resolution of the underlying dispute. The District and City agree to meet in good faith each year before December 1 st, to confer regarding any necessary increases or other adjustments in the City Facility Use Fee, as may be necessary to account for increases in District's cost to maintain and operate the Aquatics Facilities. (6)Maintenance, Repair, and Cleaning. The City shall return the Aquatics Facilities and associated equipment to the District, after each use, in substantially the same state in which it is received, ordinary wear and tear excepted. Damages or discrepancies observed by District staff attributable to the City’s use of Aquatics Facility under this MOU shall be reported to the City within a reasonable time, not to exceed sixty (60) days. The City shall review damage reports for appropriateness and shall reimburse the District for damages not reasonably in dispute within thirty (30) days of receipt of such reports. The City is not responsible for damages caused by the District’s neglect or misuse or by natural disaster. The City will report any damage, needed repair, unsafe condition or maintenance issue to the Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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District upon discovery. The City will clean the Aquatics Facility after each use and will remove any trash generated by City programming use.

B. Rights and Responsibilities of the District. Under this MOU, the District is responsible for the following:
(1)Maintenance, Repair, and Cleaning. Except as otherwise set forth hereunder the District agrees to provide all routine maintenance required for the Aquatics Facility. City staff will be provided with an on-call name and contact information for District staff that can respond to requests for emergency repairs occurring outside of the hours of 6:00 am to 2:30 pm on weekdays. The City, in its reasonable discretion, can review a necessary repair to determine whether City programming can occur safely notwithstanding the need for repair, and, may elect to either (1) contact District staff for an emergency repair, (2) operate the programming (if safe) notwithstanding the repair, or (3) postpone or cancel the City programming until the routine repair can be made during regular business hours. In the event the City requires an emergency repair, the District will charge the City direct labor and materials costs for repairs incurred outside of regular business hours. Labor and materials costs will not be charged to City for repairs made during regular business hours. Costs incurred for repair required during non-regular business hours shall be invoiced to the City for reimbursement within a reasonable period of time not to exceed sixty (60) days. Reimbursement requests shall be submitted by the District to the City, and amounts not reasonably in dispute shall be payable within thirty (30) days of City receipt thereof.
(2)Pool Use and Schedule, City Usage Times. City programming uses, and the City Usage Times agreed between the Parties each year, in accordance with the process delineated in Section 2(A)(2) above, will have priority over other third party requests for use of the Aquatics Facility. City may request to schedule hours not already reserved for District use and in addition to the City Usage Times, for the District’s written approval, which shall not be unreasonably withheld. All requests for pool use outside of set City Usage Times must will be submitted in writing to the District at least fourteen (14) days in advance for District approval which shall not be unreasonably withheld. The District may refuse approval of additional requested City use of the Aquatics Facility to the extent other uses have already been reserved for the Aquatics Facility before receipt of the City's fourteen (14) day request.
(3)Emergency or Repair Closures. In the event the District in its reasonable discretion requires to close the Aquatics Facility due to reasons outside of the District’s reasonable control, or for repairs which require such closure, the District shall notify the City as soon as practicable, and the City shall comply with the District’s direction to cancel or postpone City programming. In the event of a closure under this Paragraph, no City Item Title: 12.3
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Facility Use Fee shall be due to the District for times when the Aquatics Facility is not available for the City’s use. In the event of a closure under this Paragraph, the Parties shall meet and confer in good faith regarding rescheduling or relocation of the cancelled City programming. (4)Facility Access. The District will provide designated City staff with two (2) keys to access and secure the Aquatics Facility. City staff agrees to secure the Aquatics Facility, locking all required entrances and exits, and securing and storing all equipment properly after each City use. Should either of these keys be lost, the City shall immediately notify the District. The City shall be responsible for the costs associated with re-keying the related access points and any security that may be required until re-keying can be completed. City will limit its access to the other portions of any high school site contemplated in this MOU, and such access will be limited as reasonably possible to only the Aquatics Facility at each site. To that end, the route of entry and exit by City and City programming participants will to each facility will be limited to such access points that most directly lead to the Aquatics Facility, limiting access through classroom or other educational facilities where students may be located.
(5)Training Materials. Concurrently with execution of this Agreement, and later upon City request, the District will provide currently existing operational usage videos, tutorials, inspection checklists and/or maps or diagrams of the location of facility-related equipment indicating information with regard to how the Aquatics Facility and its associated components should be properly used, stored and maintained. Whether or not the City requests or reviews such materials, the City is responsible for ensuring that the Aquatics Facility and its associated components are properly used and stored in accordance with applicable District training materials and standard industry practice, and will be responsible for any damage caused by a failure to so use, store and maintain.

C. Standard of Performance. Each Party shall dedicate the time to performance of its obligations as may be reasonably necessary to perform such obligations to the standards observed by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.

D. Cooperation and Noninterference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Neither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the rights and obligations hereunder involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the rights and obligations of the other Party.

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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E. Personnel. If the rights and obligations hereunder involve the provision of personnel from one Party to another Party, the providing Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.

F. Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provide all materials, facilities, and equipment as may be necessary for that Party’s performance hereunder, at that Party’s sole cost and expense.

G. Access to Aquatics Facility. Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU. City is only permitted to enter District property to the extent necessary to effectuate the performance of this MOU. City shall comply with all applicable security and safety procedures, protocols, and practices required by the District. Access to District facilities is not permitted unless otherwise approved in accordance with the procedures provided in this MOU. While three pool facilities are contemplated under this MOU, City access in any one year is limited to the Aquatics Facility for which a schedule with City Usage Times had been approved by the District pursuant to the procedures in this MOU.

H. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any required approval or permit necessary therefor. Section 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law as the same may be amended from time to time. Each Party is independently responsible for reviewing and complying with all applicable laws.

I. Documents and Records. Any plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”), in electronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. Each Party shall maintain all documents prepared hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Party's Contract Administrator(s). All matters under this MOU shall be handled for District by Candace Reines, Deputy Superintendent, Business Services (“District Contract Administrator”), and for City by Jonathan Nicks, Community Services Director (“City Contract Administrator”.) Except as specified otherwise in this MOU, all correspondence shall be directed through the Contract Administrators identified herein, and neither Party shall take direction or orders for Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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the performance of this MOU from any person other than such Contract Administrators.

J. Modifications to Facility. City shall make no modifications nor construct any improvements to the Aquatics Facility without written consent from the District, in its sole discretion.

Section 3. Independent Contractor Status
This MOU is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association.

Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Except as otherwise expressly provided by this MOU, neither Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.

Section 4. Indemnification
A. To the fullest extent permitted by law, District shall defend and indemnify the City and any and all of its officials, officers, employees, volunteers, and agents (“City Indemnified Parties”) for 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) (“Claims”) caused by the District’s performance of its obligations to maintain or repair the Aquatics Facility under this MOU. The provisions of this section do not apply to Claims occurring as a result of the City's negligence or willful acts or omissions. The District’s obligations under this section shall survive termination of the MOU. The District shall, if requested by the City, defend the City Indemnified Parties using counsel approved by the City, from the approved panel of District JPA counsel, in its sole discretion. The City may instead elect to defend itself with the City Attorney’s office, or other counsel selected by City and reasonably approved by District and the District's JPA in which case the indemnification obligations hereunder shall apply to the City’s attorney’s fees and cost in defending the Claims, which fees and costs must not exceed the JPA panel rates.

B. To the fullest extent permitted by law, City shall defend and indemnify the District and its officials, agents, volunteers and employees (“District Indemnified Parties”) for from and against any and all Claims caused by the City’s performance of this MOU, and/or the City’s use of the Aquatics Facility including the City programming at the Aquatics Facility. The provisions of this section do not apply to Claims occurring as a result of the District's negligence or willful acts or omissions. The City shall, if requested by the District, defend the District Indemnified Parties using counsel approved by the District in its sole discretion. The City’s obligations under this section shall survive termination of the MOU.

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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Section 5. District Insurance
Prior to performing any right or obligation under this MOU, District, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section.

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 the aggregate. Comprehensive general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

B. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law.

C. Quality of Insurance. 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. Alternatively, individual or group self-insurance may be accepted in writing in the sole discretion of the City.

D. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned insurance policies of District.

E. Proof of Insurance. District shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the District. 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 MOU or completion of full performance hereunder, whichever is later. 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. The City may request full copies of insurance policies upon reasonable notice to the District.

F. Notice of Changes. District shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self-insured retention on any of the required insurance policies is increased.

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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G. Self-Insured Retentions and Deductible. Should any of the insurance policies contain either a deductible or self-insured retention, the District shall be responsible to pay that deductible or self-insured retention and the City shall not be responsible to pay these costs.

H. Subcontractors. If any subcontractor is performing the rights and obligations of District hereunder, District shall ensure such subcontractors have coverage equal to that required of the District herein.

Section 6. City Insurance
Prior to performing any right or obligation under this MOU, City, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section 6.

City shall obtain and maintain the policies of insurance or equivalent program of self-insurance with limits as shown below for the duration of this MOU. The insurance coverages and limits of liability shown are the minimum insurance requirements in this MOU. Should the City maintain insurance policies with broader coverage and limits of liability that exceed these minimum coverage and limits requirements those broader coverages and higher limits shall be deemed to apply for the benefit of the District and those coverages and limits shall become the required minimum limits of insurance and coverage in all sections of this Contract. All City coverage shall be primary to District coverage.

A. Comprehensive Liability Insurance. Coverage, including premises, operations, products and completed operations and contractual liability with limits not less than $10,000,000 per occurrence, $20,000,000 General Aggregate and $10,000,000 Products–Completed Operations Aggregate for bodily injury, personal injury, and property damage. The Comprehensive Liability Coverage shall include the following endorsements:
(i) The District, its Board, officers, agents and employees shall be included as Additional Insureds either by specific endorsement, CG 20 11 or CG 20 26, naming these parties or a blanket additional insured endorsement applicable “when required by written contract or contract”;
(ii) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or contract”; (iii) A Primary, Non-contributory endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket primary, non-contributory endorsement applicable “when required by written contract or contract”.

B. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The Workers’ Compensation coverage shall include the following endorsements:

Item Title: 12.3
Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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(i) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket waiver of subrogation endorsement applicable
“when required by written contract or contract”;
C. Automobile Liability. Coverage with limits not less than $10,000,000 per accident for bodily injury and property damage for all owned, hired and non-owned automobiles. Coverage shall include Contractual Liability. The Automobile Liability coverage shall include the following coverage or by endorsements:
(i) A Waiver of Subrogation endorsement in favor of the District, its Board, officers, agents and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or contract”;
(ii) A Primary, Non-contributory endorsement in favor of the District, its Board, officers, agents, volunteers and employees or a blanket primary, non-contributory endorsement applicable “when required by written contract or contract”.

D. Umbrella or Excess Liability. Coverage with limits not less than $10,000,000 excess over the Commercial General Liability, Automobile Liability and Employer’s Liability. a. The Umbrella or Excess Liability coverage shall include the following endorsements:
(i) All endorsements required under Sections A-C, above.

E. Molestation Coverage. City shall provide specific coverage for Abuse or Molestation with limits not less than $10,000,000 per occurrence either by separate policy or by an endorsement to or coverage language in City’s Comprehensive Liability Insurance.

F. Notice of Changes. City shall provide written notice to District within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self-insured retention on any of the required insurance policies is increased.

G. Self-Insured Retentions and Deductible. Should any of the insurance policies contain either a deductible or self-insured retention, the City shall be responsible to pay that deductible or self-insured retention and the District shall not be responsible to pay these costs. Notwithstanding the above, and this shall in no way alleviate City’s responsibility to pay such deductible or retention, nor limit, alter or amend the requirements that City shall to the fullest allowable by law, indemnify, defend and hold harmless the District, City shall ensure that all policies shall recognize the erosion of the retention or deductible from other sources.

H. Lower Retention. The District reserves all rights, including the right to require a lower retention than presented by theCity. If such lower retention cannot be obtained in the market, then the District reserves the rights to inspect related financial statements of the City, and require Item Title: 12.3
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further financial guarantees or assurances if any information calls into question the City’s ability to pay.

I. Quality of Insurance. All insurance policies as required in this section shall be written through insurance companies that are either admitted in the State of California or on the California Department of Insurance approved list of non-admitted insurers. All insurance companies shall have and maintain a minimum A. M. Best rating of A VII. Alternatively, individual or group self- insurance may be accepted in the sole discretion of the District.

J. Proof of Insurance. Certificates of Insurance Coverage shall be filed by City with the District evidencing all of the insurance coverages required in this section at the time this Contract is executed. The certificates must have all required endorsements attached or the Certificate will be rejected as non-compliant. Each successive year during the insurance requirement period shall be filed in the same manner. The failure to furnish such evidence upon ten (10) days written notice of such failure by District to City and opportunity to cure may be considered default by City. The District reserves the right to require complete, certified copies of all required insurance policies, upon reasonable request .

K. No Limit On Indemnity. Acceptance of any certificate of insurance or endorsement shall in no way limit any indemnity, hold harmless or defense obligation, nor specifically shall it limit any liability, or obligation.

L. Subcontractors. If any subcontractor is performing the rights and obligations of City hereunder, City shall ensure such subcontractors have coverage equal to that required of the City herein.

Section 7. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:

To City: To District:

City of Menifee
29995 Evans Rd
Menifee, CA 92586
Attn: Jonathan Nicks
With a Copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Perris Union High School District
155 E. 4th St
Perris, CA 92584
Attn: Candace Reines
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Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.

Section 8. Expansion to Other Aquatics Facilities
The Parties may expand this MOU to other aquatics facilities owned by the District, including but not limited to Heritage High School, by executing an amendment to this Agreement mutually acceptable to the Parties. Any future expansions of this MOU to include City use of other District- owned aquatics facilities will subject those facilities and the City use of such facilities to the same terms and conditions set forth herein. Deputy Superintendent, Business Services for the District and the City Manager or designee for the City are hereby authorized to administratively approve, administer, and execute the amendments contemplated by this Section.

Section 9. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default.

The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non-defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.

B. Rights and Remedies Cumulative. 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.

Section 10. Subcontract and Assignment
Neither Party shall have the right to assign its right or obligations under this MOU without written consent of the other Party.

Section 11. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.

Section 12. Time
Time is of the essence in this Agreement and for the performance of this MOU.

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Section 13. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

Section 14. Attorneys’ Fees
If any legal action is commenced between the Parties to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.

Section 15. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.

Section 16. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

Section 17. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.

Section 18. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

Section 19. Entire Agreement, and Construction
This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.

Section 20. Construction
The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply.

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Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. References to this MOU shall include the exhibits.

Section 22. Amendments
This MOU may be amended only by written agreement and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.

Section 23. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.

Section 24. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU 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
Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.

Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.

Section 27. No Benefit to Arise to 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 MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub- Item Title: 12.3
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agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to District if District is a public entity.

Section 28. Authority to Execute
The persons executing this MOU 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 MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other agreement to which said Party is bound
Section 29. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. [signatures on following page]
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IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.

CITY
City Manager
Attest:

Acting City Clerk
Approved as to Form:

City Attorney

DISTRICT
Candace Reines
Deputy Superintendent, Business Services
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Exhibit A
Exhibit A
Map of Aquatics Facility
Paloma Valley High School Aquatics Facility
628-5/6739991.1
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Memorandum of Understanding with Perris Union High School District for a 2024 Summer Aquatics Program
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CITY OF MENIFEE
SUBJECT: Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and
Sponsorship
MEETING DATE: November 15, 2023
TO: Mayor and City Council
PREPARED BY: Gina Gonzalez, Economic Development Director REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the Economic Development JOBSNow Initiative and Sponsorship Agreement with the Menifee Valley Chamber of Commerce for a period of three years in an amount not to exceed $300,000; and

2. Adopt a FY 2023/2024 budget amendment resolution appropriating $58,334 in revenues and expenditures for the Menifee JOBSNow Initiative in the American Rescue Plan Act (ARPA) Fund 301; and

3. Approve the allocation of $100,000 in ARPA funding (Fund 301) for the Menifee JOBSNow Initiative for FY 2024/2025.

DISCUSSION
In 2013, the Menifee City Council approved a Memorandum of Understanding (“MOU”) with the Menifee Valley Chamber of Commerce (“Chamber”), to enhance outreach efforts with the Menifee business community for business retention and community event partnerships. Starting in 2019, Menifee’s Economic Development staff expanded the Chamber MOU to include partnerships related to business attraction efforts. In 2022, the change in leadership at the Chamber led to dissolution of the MOU with the City.

With new leadership amongst the Chamber Board of Directors along with the adoption of the City’s Comprehensive Economic Development Strategy (CEDS) and Jobs Blueprint Master Plan, both the City and the Chamber have renewed efforts to work in collaboration to enhance job creation and foster targeted industry growth. The “Menifee JOBSnow Initiative,” formalizes the Item Title: 12.4
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partnership between City and the Chamber, enhancing existing efforts to support business growth and development and strengthen new business attraction and incubation.

Since incorporation in 2008, the City of Menifee has grown by 70% and is currently the fourth fastest growing city in California with a population of just over 110,000 (California Department of Finance 2022, released May 2023). In addition to the rapid population growth, the City has made strides in job creation, which is traditionally a slow process, growing jobs locally between 2020 and 2023 at a rate of 4.1% or about 1.36% annually. With the current business climate, market demand, planned office and industrial development, and updated development code, the City is in a better position to continue to attract business and industry despite rising interest rates and land costs.

Menifee has a labor force participation of 42,600 and an unemployment rate of 5.3% (August 2023 EDD). The demographic summary outlined in Table 1 below shows a high population and jobs growth rate over the next three years.

TABLE 1 – Menifee Demographic Summary
Population
2023
Population
Growth
2022 to 2023
Jobs
2023
Est.

Jobs
2026
Est. Job
Growth
2023 to 2026
Median
HH
Income
Per
Capita
Income
Labor Force
Participation
Rate
110,034 2.40% 18,300 21,500 5.50% $103,540 $44,266 42,600 According to the US Bureau of Labor Statistics, a local job growth rate of over 1.5% is considered high for job creation in a local community. Menifee’s job growth is projected to surpass the prior three years (2020 – 2023) and grow at a rate of 5.5% or 3,200 additional jobs within the next three year period from 2023 - 2026. This shifts Menifee’s job creation from 1.36% to 1.83% annually, which is well over the target of 1.50%.

Given the labor/workforce talent available in the region, the estimated higher job rate is achievable with the dedication of resources and key partnerships such as this proposed MOU between the City and the Chamber. With the attraction power resulting from a high population growth and talented workforce commuting outside of the City, coupled with the influx of incoming office and industrial development, there is a need for aggressive job creation advocacy and collaboration.

The development of more local mortgage paying jobs would help to reduce commute times for residents and surrounding communities and continue to improve the quality of life for Menifee residents.

Alongside the Southwest Economic Development Coalition (SWEDC), the Chamber plays an important role in local job creation. Economic development is divided into two major categories commonly referred to as hunting and gardening. Hunting is the act of business attraction, while gardening is the process of business retention. The SWEDC assists the City’s Office of Economic Development with hunting or business attraction efforts. The Chamber assists local businesses with gardening efforts, by assisting existing businesses with marketing, equipment, resources, and promotion. Approximately 70% of job creation comes from gardening efforts demonstrating the importance of business retention.

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Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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The expansion of targeted industries within the city requires investments in both types of economic development (hunting and gardening). The City has 12 million square feet of industrial development and over 55 thousand square feet of dedicated office space in process and recently released the Innovation District Request for Proposal (RFP) to grow technology, advanced manufacturing, and research and development within the city. The addition of the Menifee JOBSNow Initiative in partnership with the Chamber may assist existing businesses with expansion into new spaces currently under development and will address an important component of the City’s Comprehensive Economic Development Strategy.

As part of the proposed Agreement with the Chamber, the city would be provided with a designated position on the Chamber of Commerce Board of Directors. This would foster coordination and alignment between agencies in relation to our respective job creation goals and objectives. The engagement and retention of an experienced Executive Director with the ability to develop and lead the Chamber is central to their ability to meet the objectives outlined in the proposed Agreement. As such, the city would have a role in the recruitment and selection of the Chamber’s new Executive Director. The Chamber would also provide the City with a Sustainability Plan to meet their long-term operational needs by the end of the agreement term. Additionally, the Chamber would work in coordination with the City in the creation of the Menifee JOBSNow Initiative, supporting the development of an additional 3,200 local jobs within the next three years, increasing Menifee’s job rate from 1.36% to 1.83%. Each of these components are outlined in “Exhibit A” in the attached agreement.

In exchange for these commitments, the City would allocate $100,000 in funding to the Chamber on an annual basis during the 3-year performance period. By comparison, the City of Lake Elsinore has committed $150,000 annually to their Chamber of Commerce, the City of Temecula has committed $200,000 annually to their Chamber of Commerce over a 5 year period for a total $1 million during the term of the agreement, and the City of Murrieta provides their Chamber of Commerce (Impact Southwest Riverside County) with office space and $30,000 annually for operations. The City of Murrieta is also exploring other funding opportunities to support their Chamber’s in-house tourism bureau (Explore Murrieta).

STRATEGIC PLAN OBJECTIVE
Thriving Economy
The City of Menifee and the Menifee Valley Chamber of Commerce are committed to retaining the existing businesses and jobs in Menifee. City staff and the Chamber have worked together to develop a "jobs initiative" to grow new jobs in Menifee, leading to a thriving economy and enhanced quality of life for Menifee residents and the surrounding region.

FISCAL IMPACT
The fiscal impact of the proposed agreement is $100,000 for each contact year, for an aggregate total of $300,000.

The JOBSNow Initiative is eligible for use of American Rescue Plan Act (ARPA) funding allocated to the City of Menifee. If the proposed agreement is approved, ARPA funding is available and can be used to support this program in the current biennial budget cycle (FY2023/24 and Item Title: 12.4
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FY2024/2025). Approval of this the proposed agreement would require a budget appropriation of ARPA funding in the amount of $58,334 for FY 2023/2024 and $100,000 for FY 2024/2025. The approved appropriation for FY24/25 will be reflected in the FY24/25 mid-cycle review. Funding for the remaining term of the agreement will be established as part of the respective year’s General Fund operating budgets.

ATTACHMENTS

1. Agreement - Menifee Valley Chamber of Commerce

2. Budget Amendment Resolution – Fund 301 FY23/24
Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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1 SPONSORSHIP AND ECONOMIC DEVELOPMENT JOBS INITIATIVE

AGREEMENT BETWEEN THE CITY OF MENIFEE AND THE MENIFEE VALLEY

CHAMBER OF COMMERCE
THIS AGREEMENT (“Agreement”) is made and effective as of this ______________, 2023 by and between the City of Menifee, a municipal corporation (hereinafter referred to as "City"), and the Menifee Valley Chamber of Commerce, a California Nonprofit Corporation (hereinafter referred as the "Chamber"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. The City desires to promote its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquires made relative to various activities of City, and its possibilities as such to residential, industrial, tourist and business interests.

B. The Chamber has special knowledge, experience, and facilities for dissemination of information; and is organized for and equipped to carry out promotional activities to publicize and exploit its advantages, and assist the City, schools and businesses with workforce development needs.

C. Such activities are in the public interest and serving public purpose.

2. TERM. This Agreement shall commence on ___________, 2023 (“Commencement Date”), and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

3. CONSIDERATION/PAYMENT.

A. The City shall pay to Chamber an amount not to exceed One Hundred Thousand Dollars and No Cents ($100,000.00) each contract year for a period of three years for a total amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) for the total term of this agreement which will be allocated to pay for services and tasks described and set forth in Exhibit "A", attached hereto and incorporated herein as though set forth in full (the “Services”). Chamber shall complete the tasks according to the schedule of performance which is set forth in Exhibit "B.” In addition to the compensation schedule set forth in Exhibit “B,” City and Chamber shall mutually agree upon an implement a specific compensation schedule in each contact year which complies with Exhibit “B”. Monthly reporting of accomplished tasks will be reviewed and provided by the Chamber to ensure all tasks and duties are fulfilled in a timely manner, in accordance with the chosen payment schedule.

The actual compensation due to Chamber under this Agreement shall be based on the actual Services provided during the contract year or as mutually agreed upon, however, in no event shall the compensation for a contact year exceed the amount set forth in this Section, or the total compensation exceed the aggregate amount set forth in this Section. The first contract year shall begin on the Commencement Date and end on December 31, 2024. The second and third contract years shall begin on January 1 of 2025 and 2026 respectively, and shall end on December 31 of 2025 and 2026 respectively.

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2 B. Chamber shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Services, unless such additional services are authorized in advance and in writing by the City Manager or his/her designee. Chamber shall be compensated for any agreed upon additional services in the amounts and in the manner agreed to by City Manager or his/her designee and Chamber at the time City's written authorization is given to Chamber for the performance of said services.

C. Chamber shall provide monthly invoicing for actual Services performed. Payment of undisputed amounts shall be made within thirty (30) days of receipt of the invoice.

4. PERFORMANCE. Chamber shall at all times faithfully, competently, and to the best of its officer's ability, experience, and talent, perform all tasks described herein. Chamber shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Chamber hereunder in meeting its obligations under this Agreement.

5. INDEMNIFICATION. To the fullest extent permitted by law, the Chamber agrees to defend, indemnify, defend (with counsel selected by the City), and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature (“Claims”) which the City, its officers, officials, employees, agents, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Chamber's negligent or wrongful acts or omissions or arising out of or in any way related to Chamber’s performance or non-performance of this Agreement, excepting only Claims arising out of the gross negligence or willful acts or omissions of the City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.

A. Either Party may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion of the Services, by serving upon the other party at least thirty (30) days prior written notice. Upon receipt of said notice, both parties shall immediately cease all work under this Agreement, including resignation of board seat, unless the notice provides otherwise.

If either party suspends or terminates only a portion of this Services such suspension or termination shall only be affected as to the Services terminated, and shall not make void or invalidate the remainder of this Agreement, as mutually agreed to

8. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Chamber the preapproved, verified, and actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Chamber shall submit an invoice to the City, pursuant to Section entitled "CONSIDERATION/PAYMENT" herein.

7. DEFAULT OF CHAMBER.

A. The Chamber's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Chamber is in default under this Agreement, City shall have no obligation or duty to continue compensating Chamber for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Chamber. If such failure by the Chamber to make progress in the performance of Services hereunder arises out of causes beyond the Chamber's control, and without fault or negligence of the Chamber, it shall not be considered a default provided that Chamber makes a good faith effort to perform the Services.

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3 8. If the City Manager or his designee determines that the Chamber is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Chamber with written notice of the default. The Chamber shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Chamber fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS.

A. Chamber shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Chamber shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Chamber shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Chamber. With respect to computer files containing data generated for the work, Chamber shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INSURANCE. Chamber shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property arising in any manner from Chamber’s activities pursuant to this Agreement or in connection with the activities of the Chamber, its agents, representatives, or employees as follows:

A. Minimum Scope of Insurance . Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Chamber owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

B. Minimum Limits of Insurance . Chamber shall maintain limits no less than:

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4 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

C. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions shall not exceed Twenty-Five Thousand Dollars and No Cents ($25,000.00) unless otherwise approved in writing by the City Manager in his sole discretion.

D. Other Insurance Provisions . The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, their officers, officials, agents, employees, and volunteers are to be covered as additional insureds, as respects: liability arising out of activities performed by or on behalf of the Chamber; products and completed operations of the Chamber; premises owned, occupied or used by the Chamber; or automobiles owned, leased, hired or borrowed by the Chamber. The coverage shall contain no special limitations on the scope of protection afforded to the City, their officers, officials, agents, employees, or volunteers. 2) For any Claims related to this Agreement, the Chamber's insurance coverage shall be primary insurance as respects the City, their officers, officials, agents, employees, or volunteers. Any insurance or self-insured maintained by the City, its officers, officials, agents, employees, or volunteers shall be in excess of the Chamber's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, their officers, officials, agents, employees, or volunteers.
4) The Chamber's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Agreement shall be endorsed to state:
should the policy be canceled before the expiration date the issuing insurer will mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Chamber shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy, and shall expeditiously procure substitute insurance coverage meeting the requirements of this Agreement before continuing performance of any Services hereunder.

E. Acceptability of Insurers . Insurance is to be placed with insurers authorized to do business in the State of California with a current A.M. Best rating of A-:VII or better, unless otherwise Item Title: 12.4
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5 approved in writing by the City Manager in his sole discretion. Self-insurance shall not be considered to comply with these insurance requirements.

F. Verification of Coverage. Chamber shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, or upon written request from City the Chamber's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. GOVERNING LAW. The City and the Chamber understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the State court or federal district court in the County of Riverside.

11. LEGAL RESPONSIBILITIES. The Chamber shall keep itself informed of all local, State and Federal ordinances, laws, and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Chamber shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Chamber to comply with this section.

12. RELEASE OF INFORMATION.

A. All information gained by Chamber in performance of this Agreement shall be considered confidential and shall not be released by Chamber without City's prior written authorization. Chamber, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Chamber gives City notice of such court order or subpoena.

B. Chamber shall promptly notify City should Chamber, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Chamber and/or be present at any deposition, hearing, or similar proceeding. Chamber agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery or records requests provided by Chamber. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. ASSIGNMENT, SUBCONTRACTING. The Chamber shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City Manager. The Services shall be performed by the Chamber and shall not be subcontracted without the prior written consent of the City Manager or designee. .

Item Title: 12.4
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6 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, FedEX, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice:

To City:

City of Menifee
Attn: City Manager
29844 Haun Road
Menifee, CA 92584
To Chamber:

Menifee Valley Chamber of Commerce
Attn: John Pironti, Chair
29737 New Hub Dr #102
Menifee, CA, 92586

15. INDEPENDENT CONTRACTOR.

A. The Chamber shall at all times remain as to the City a wholly independent contractor.

The personnel performing the Services under this Agreement on behalf of the Chamber shall at all times be under the Chamber's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Chamber or any of the Chamber's officers, employees, or agents except as set forth in this Agreement. The Chamber shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees, or agents of the City. The Chamber shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to the Chamber in connection with the performance of this Agreement. Except for the fees paid to the Chamber as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Chamber for performing Chamber’s obligations under this Agreement. City shall not be liable for compensation or indemnification to the Chamber for injury or sickness arising out of performing Chamber’s obligations under this Agreement.

16. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

Item Title: 12.4
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7 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of the Chamber warrants and represents that he or she has the authority to execute this Agreement on behalf of the Chamber and has the authority to bind the Chamber to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of Services; (d) agreement termination.

18. THIRD PARTY BENEFICIEARIES. There are no express or implied beneficiaries under this Agreement.

19. AMENDMENT. This Agreement may only be amended by mutual written agreement of the parties. * * *
Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MENIFEE MENIFEE VALLEY CHAMBER OF COMMERCE
BY:

Rebekah Kramer, Acting City
Manager
By:

By:

ATTEST:

Sarah Manwaring, City Clerk
APPROVED AS TO FORM:

BY:

Jeff Melching, City Attorney
8 Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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EXHIBIT “A”
EXHIBIT "A"

SERVICES TO BE PROVIDED TO THE CITY OF MENIFEE FOR

SPONSORSHIP AND ECONOMIC DEVELOPMENT JOBS INITIATIVE FUNDING The Chamber shall undertake, during –the agreement term, to carry on promotional activities as related to the JOBSnow Initiative on behalf of the City, rendering the following Services and Commitments annually:

Services:

1. Business retention site visits (15 per quarter, schedule, and attend, and invite City’s economic development team).

2. Business Special Events & Programs (supporting existing business events, and incoming new business member events).

3. Inquiry fulfillment: Residential and business relocation inquiry fulfillment-connecting business with the City of Menifee’s Economic Development Department.

4. Promote workshops provided by the Small Business Development Center (SBDC) to support small businesses – related to the City’s Comprehensive Economic Development Strategy (CEDS).

5. Promotion of Shop/Buy Local Program- enhancing existing and incoming businesses.

6. Participation in the Southwest Economic Development Coalition (SWEDC) Board meetings and tours (when applicable).

7. Participation in the Southwest Legislative Council and advocating for business growth.

8. Participation on City Industry CEDS Committee, SWEDC Technical Council, SWEDC Advanced Manufacturing Council, and Southwest Healthcare Council -when applicable.

9. Participation in education pathway committees in the city and relevant school district(s).

10. Participation in the Inland Empire GO (IEGO) meetings and advocacy for Menifee and the region.

11. Maintain website promoting local commerce, encouraging tourism and events.

12. Promote local job position openings.

13. Business resource/relation packet – using City’s business resource materials.

14. Promotion of City events.

15. Promotion of the City and business community through social media across multiple social media accounts (i.e., Facebook and Instagram).

16. Legislative advocacy promoting job growth locally and increasing awareness of legislation hindering local business growth.

17. Co-host job fairs with the City and regional partners- targeting key industry sectors.

18. Sponsor the student of the month program.

19. Develop and support entrepreneur programming (i.e., young professional’s network).

20. Chamber networking events (mixers, regional mixers, luncheons, wake-up events).

21. Support and promote community wide E-waste events with City, and Waste Management (WM) for businesses.

22. Provide employer compliance materials.

23. Workforce subcommittee- quarterly updates to City (attend workforce development meetings w/City).

24. City participation at Chamber special events as a GEM member sponsor:
a. State of the City (40 seats)
b. Awards Gala (10 seats)
c. Golf Tournament (3 -foursomes) (City to assist with coordination and target attendees tied to economic growth and job creation).

25. Ribbon cuttings/grand opening events (chamber members/and up to 10 non-chamber members).

26. Business Keeping Existing Employers Profitable (K.E.E.P) walk- organize and conduct survey.

27. Support Broker Tour hosted in partnership with the City’s Economic Development Department (meet/greet sponsorship and organization).

28. Support the Brokers Luncheon (hosting, sponsorships, and set up).

Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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EXHIBIT “A”
Commitments:

1. Designate two City representative positions on the Menifee Valley Chamber Board of Directors including one City staff member (voting member) and one elected official (non-voting member).

2. Include a designated representative from the City of Menifee on the Chamber’s new Executive Director recruitment, interview, and selection panel.

3. Develop and present a long-term Sustainability Plan by the end of the Agreement term.

4. During performance period Chamber will work in collaboration with the City to support the development of the Menifee JOBSnow Initiative to facilitate the creation of an additional 500 local mortgage paying jobs within three years, increasing Menifee’s job rate from 1.36% to

1.83% for a total of 3,200 jobs by the end of the agreement term.

Item Title: 12.4
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EXHIBIT “B”
EXHIBIT "B"

PAYMENT RATE AND SCHEDULE
In consideration of the Services performed by Chamber for City as set forth in Exhibit "A" hereof, City hereby agrees to pay Chamber, during the term of this Agreement an amount not to exceed Three Hundred Thousand Dollars and No Cents ($300,000.00) for three years in the amount not to exceed One Hundred Thousand Dollars and No Cents ($100,000.00) per contract year. Annual payments shall be made in 12 equal payments following receipt and acceptance of monthly performance activity reports as outlined in Exhibit “A”.

Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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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:

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

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 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 Menifee JOBSNow Initiative 301-3742 58,334.00 TOTAL: $4,314,838.16
Amended Grant Fund 301 FY 2023/24 Revenue Budget: $4,846,207.16

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

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 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: 12.4
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Amending the Fiscal Year 2023/24 Grant Fund Budget
Menifee JOBSNow Initiative
2 4
7 3
1 5
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $5,356,908.98

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

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

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

Revenues:

Menifee JOBSNow Initiative $58,334.00
Amended Grant Fund FY2023/24 Budget $4,846,207.16

Expenditures:

Menifee JOBSNow Initiative $58,334.00
Amended Grant Fund FY2023/24 Budget $5,356,908.98 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 November 15, 2023 Menifee JOBSNow Initiative 301-4350-52800 58,334.00 TOTAL: $4,825,532.98
Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
Item Page Number: 17

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November 15, 2023
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Amending the Fiscal Year 2023/24 Grant Fund Budget
Menifee JOBSNow Initiative
3 4
7 3
1 5
PASSED, APPROVED AND ADOPTED this 15th day of November, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 12.4
Agreement with the Menifee Valley Chamber of Commerce for the Economic Development JOBSNow Initiative and Sponsorship
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November 15, 2023
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Menifee City CouncilNovember 15, 2023

Menifee City Council
November 15, 2023