1 9
2 0
With sufficient money in the city facilities account, bond proceeds could provide enough money to fund the park site in addition to the other previously approved public facilities. The park was on the list of city projects eligible for reimbursement on the tax certificate and the bond pro forma the City Council reviewed prior to authorizing the second bond issuance. However, the park site was not added to the funding agreement at the time of the second bond issuance.
In order to fund the expenditures on a given project, they must be listed among the eligible projects on the funding agreement. At this time, the project is not listed on the agreement. Lennar has completed all city improvements listed on the funding agreement and is now requesting the agreement be amended to include acquisition of the park site as an eligible project, as was originally intended. There is enough money in the city facilities account to handle the request.
The city has not previously used CFD bond proceeds to pay a developer for park land, although it is an allowable use of the funds. The city’s bond counsel prepared the revised funding agreement and has confirmed that acquisition of park land is an eligible use of the bond proceeds.
This item was presented to the Finance Committee on November 7 th, where the committee members voted to forward the request to the City Council. Staff were cautioned that these costs should have been included in the original funding request and that such amendments, after the projects have been completed, will not be recommended for approval in the future.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with this decision. Any amount paid to the developer would come from bond proceeds, not city funds.
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
145 of 1682
City of Menifee Staff Report
Proposed First Amendment to the CFD 2020-1 Acquisition and Construction Funding Agreement
December 6, 2023
1 9
2 0
ATTACHMENTS
1. First Amendment to Acquisition Agreement for CFD 2020-1.
2. Original Acquisition, Construction and Funding Agreement for CFD 2020-1.
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
146 of 1682
1 4888-3071-3740v2/200299-0014
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (MCCALL MESA)
OF THE CITY OF MENIFEE
FIRST AMENDMENT TO
ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT
THIS FIRST AMENDMENT TO ACQUISITION, CONSTRUCTION AND FUNDING AGREEMENT (the “First Amendment”) is made and entered into by and between CITY OF MENIFEE (the “City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2020-1 (MCCALL MESA) OF THE CITY OF MENIFEE (the “Community Facilities District” or “CFD”) and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (the “Developer”) (each individually a “Party” and collectively the “Parties”) and amends that certain Acquisition, Construction and Funding Agreement entered into as of August 11, 2020 (the “Original Agreement” and together with this First Amendment, the “Agreement”), by and among the Parties.
Capitalized terms used and not defined herein have the meanings ascribed thereto in the Original Agreement.
WHEREAS, the Parties entered into the Original Agreement to provide for, among other matters, the financial and other obligations and responsibilities related to the formation of the Community Facilities District and the Improvements to be financed by the Community Facilities District; and
WHEREAS, Section 24(b) of the Original Agreement provides that the Parties may amend the Original Agreement in writing signed by each Party thereto; and WHEREAS, the Parties desire to amend Exhibit “B” of the Original Agreement with respect to the City Improvements as described herein; and
NOW, THEREFORE, it is mutually agreed between the respective Parties as follows:
1. Amendment to Section 9. Section 9 of the Original Agreement is hereby amended to add the following after the fifth paragraph thereof:
“The Acquisition Price of real property constituting land to be funded from proceeds of the Bonds shall be the fair market value thereof as determined by an M.A.I. appraiser mutually acceptable to the Parties. The appraisal shall be based upon the highest and best use of the property as determined by the appraiser.”
2. Amendment to Exhibit “B”. The description of the cost estimates of the City Improvements shown in Exhibit B is hereby amended to include the acquisition of park land as detailed in the attached First Amended Exhibit B.
3. General Provisions.
(a) Incorporation into Original Agreement. Except as expressly amended hereby, all provisions of the Original Agreement remain in full force and effect, and this First Amendment is incorporated as a part of the Original Agreement to comprise the Agreement in effect as of the date hereof.
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
147 of 1682
2 4888-3071-3740v2/200299-0014
(b) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument.
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
148 of 1682
3 4888-3071-3740v2/200299-0014
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written below.
DATED: December 6, 2023
CITY OF MENIFEE, a political subdivision of
the State of California
By:
Armando G. Villa, City Manager
ATTEST:
By:
Sarah Manwaring, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY FOR THE CITY OF
MENIFEE
By:
Jeffrey T. Melching, City Attorney
LENNAR HOMES OF CALIFORNIA, LLC,
A California limited liability company
By:
Name:
Title:
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
149 of 1682
4888-3071-3740v2/200299-0014
FIRST AMENDED EXHIBIT B
DESCRIPTION OF COST ESTIMATES OF THE IMPROVEMENTS(1)
I. CITY FEE FACILITY IMPROVEMENTS.
Estimated Cost of the City Fee Facility Improvements
Description Estimated Cost
Law Enforcement $59,598
Fire Facilities 158,412
Circulation 1,204,860
General Government 263,418
Public Use Facilities 39,732
Parks – Land Acquisition 55,470
Parks – Improvements 170,538
City Projects 390,406
Total City Fees Facility Improvements $ 2,342,434
II. CITY IMPROVEMENTS.
Those facilities constructed by or on behalf of the Developer and needed by City in order to provide services to the Developer Property, including the following:
Traffic Signal Improvements related to Menifee Road /
Heritage Lake Drive and Menifee Road / Rouse Road
(including Turtle Point Dr. signal modifications) *
$777,500
Overhead Utility Undergrounding * $1,046,921
Park Site Land Acquisition Costs ** $2,145,000
Dry Utilities $800,000
* City Improvements bid prior to the effective date of this Agreement pursuant to Section 6.3.
** Represents the appraised land value of the 3.2-acre park site. (1) Amounts are estimates and subject to change. The Acquisition Price will be funded with Bond proceeds.
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
150 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
151 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
152 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
153 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
154 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
155 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
156 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 14
Menifee Mayor and City Council
December 6, 2023
Page
157 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 15
Menifee Mayor and City Council
December 6, 2023
Page
158 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 16
Menifee Mayor and City Council
December 6, 2023
Page
159 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 17
Menifee Mayor and City Council
December 6, 2023
Page
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 18
Menifee Mayor and City Council
December 6, 2023
Page
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 19
Menifee Mayor and City Council
December 6, 2023
Page
162 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 20
Menifee Mayor and City Council
December 6, 2023
Page
163 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 21
Menifee Mayor and City Council
December 6, 2023
Page
164 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 22
Menifee Mayor and City Council
December 6, 2023
Page
165 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 23
Menifee Mayor and City Council
December 6, 2023
Page
166 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 24
Menifee Mayor and City Council
December 6, 2023
Page
167 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 25
Menifee Mayor and City Council
December 6, 2023
Page
168 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 26
Menifee Mayor and City Council
December 6, 2023
Page
169 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 27
Menifee Mayor and City Council
December 6, 2023
Page
170 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 28
Menifee Mayor and City Council
December 6, 2023
Page
171 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 29
Menifee Mayor and City Council
December 6, 2023
Page
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 30
Menifee Mayor and City Council
December 6, 2023
Page
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 31
Menifee Mayor and City Council
December 6, 2023
Page
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 32
Menifee Mayor and City Council
December 6, 2023
Page
175 of 1682
Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 33
Menifee Mayor and City Council
December 6, 2023
Page
176 of 1682
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Item Title: 10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement
Item Page Number: 34
Menifee Mayor and City Council
December 6, 2023
Page
177 of 1682
CITY OF MENIFEE
SUBJECT: Acceptance of County Service Area 145 Quimby Fees MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt budget amendment resolutions to accept, approve and authorize the Finance Department to transfer $1,585,460 of County of Riverside County Service Area 145 (“CSA 145”) Quimby Fees to a General Fund Assigned Fund Balance, DIF Citywide Park Improvements (Fund 522) and CSA 145 Assigned Fund Balance; and
2. Adopt budget adoption resolutions transferring $557,000 from CSA 145 Assigned Fund Balance to Unassigned Fund Balance and appropriating $557,000 in expenditures from Fund 480 (CSA 145) to CIP 24-12: La Ladera Park Improvements Project and reducing Fiscal Year (FY) 2023/24 and FY24/25 budget appropriations from DIF Fund by a combined $557,000.
DISCUSSION
Prior to the City incorporating, the County of Riverside formed County Service Area (CSA) 145 within a portion of what would become the City of Menifee, with the purpose to provide enhanced service levels to the designated particular geographic area representing the CSA. Specifically, CSA 145 was established to provide park, recreation services and streetlight services. While CSAs typically do not have capital improvements plans, CSA 145 was established with a Master Plan for the provision of parks, thereby allowing the establishment of Quimby Act Fees.
Once the City incorporated, County CSA 145 was formally dissolved, and the City of Menifee assumed the annual CSA assessments and facilities maintained as a CSA managed and controlled by the City of Menifee directly. The County of Riverside recently notified the City of Menifee that in the dissolution/transfer of CSA 145 responsibilities, CSA 145 Quimby Fees in the amount of $1,585,460 were inadvertently not transferred over to the City of Menifee. At the August 29, 2023 County of Riverside Board of Supervisors Meeting, the County Board approved the transfer of $1,521,526 in CSA 145 Quimby Fees to the City of Menifee. Since then, an additional Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
178 of 1682
City of Menifee Staff Report
Acceptance of CSA 145 Quimby Fees
December 6, 2023
1 9
0 4
$63,934 in interest earnings, for a total of $1,585,460 will be transferred by the County of Riverside to the City of Menifee.
Generally CSA 145 includes associated maintenance costs for various park sites (La Ladera Park, Nova Park, Lyle Marsh Park, Lazy Creek Park, E.L. Pete Peterson Park), right-of-way landscape maintenance of 3 sites, streetlighting costs within the CSA, and recreation services. One of the eligible park facility sites included as part of CSA 145 is Lazy Creek Park. In 2022, the City of Menifee completed CIP 19-16: Lazy Creek Recreation Center Project, more than doubling its blueprint and significantly expanding its programming capacity. Unaware of the existence of the CSA 145 Quimby fees balance held at the County, the City funded this high priority project with several funding sources including General Fund/Capital Project fund in the amount of $809,372.
Additionally, a total of $219,088 in DIF Citywide Parks (Fund 522) funds were used for completion of the Lazy Creek project. As the project would have been an eligible capital project within CSA 145, staff is recommending reimbursement/transfer in the amount $809,372 to the General Fund and $219,088 to DIF Citywide Parks (Fund 522) for costs associated with the Lazy Creek Recreation Center Project.
Additionally, as part of the approved CIP Program, FY23/24 and 24/25 included appropriations of $700,000 from DIF Funds (Fund 522 Citywide Parks) towards CIP 24-12: La Ladera Park Improvements Project. La Ladera Park is CSA 145 eligible park facility. With the receipt of the CSA 145 Quimby revenue, staff recommend allocating $557,000 from the CSA 145 Quimby Fees towards the CIP 24-12 in place of DIF Funds. This will allow for the DIF funds to be reprogrammed for other high priority capital projects. The overall project cost for CIP 24-12 would remain the same as approved during the budget adoption process.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of the recommended action results in a one-time revenue increase of $1,585,460 with the acceptance of County of Riverside CSA 145 Quimby Fees and authorizing the Finance Department to transfer and/or use these funds in Table 1 on the following page.
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
179 of 1682
City of Menifee Staff Report
Acceptance of CSA 145 Quimby Fees
December 6, 2023
1 9
0 4
TABLE 1: Funds to Transfer and/or Use
Amount Fund Purpose
$809,372
General Fund
(Transfer from Fund 480 to
Fund 100)
Reimbursement for Lazy Creek
Recreation Center (CIP 19-16)
$219,088
DIF Citywide Parks
(Transfer from Fund 480 to
Fund 522)
Reimbursement for Lazy Creek
Recreation Center (CIP 19-16)
$557,000 CSA 145 (Fund 480) La Ladera Park Improvements Project (CIP 24-12)
ATTACHMENTS
1. Budget Amendment Resolution - General Fund (Fund 100)
2. Budget Amendment Resolution - CSA 145 Fund (Fund 480)
3. Budget Amendment Resolution - DIF Citywide Park (Fund 522)
4. County of Riverside Form 11 (CSA 145 Quimby Fees)
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
180 of 1682
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2023/24 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
General Fund 100 Adopted FY 2023/24 Revenue Budget: $70,722,556.00
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
November 15, 2023 State Asset Forfeiture 100-3468 20,563.00 December 6, 2023
CSA 145 Quimby County
Reimbursement / 1x Payment 100-3900 $809,372.00
TOTAL: $829,935.00
Amended General Fund 100 FY 2023/24 Revenue Budget: $71,552,491.00 General Fund 100 Adopted FY 2023/24 Expenditure Budget: $71,955,477.00
2. Record Appropriation(s):
Amended General Fund 100 FY 2023/24 Expenditure Budget: $79,391,006.27
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryovers 100-Various $7,414,966.27
November 15, 2023 K9 Supplies 100-4911-52753 13,763.00
November 15, 2023 Training 100-4911-52211 6,800.00
TOTAL: $7,435,529.27
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
181 of 1682
Amending the Fiscal Year 2023/24 General Fund Budget
CSA 145 Quimby Fees Reimbursement
2 4
7 3
1 5
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
100-3900 100-4586
(Assigned Fund Balance)
$809,372.00
TOTAL: $809,372.00
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the General Fund 100 for the City of Menifee for FY2023/24 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
CSA 145 Quimby County Reimbursement / 1x Payment $809,372.00 Amended General Fund 100 FY2023/24 Budget $71,552,491.00
Expenditures:
N/A $0.00
Amended General Fund 100 FY2023/24 Budget $79,391,006.27 PASSED, APPROVED AND ADOPTED this 6th day of December, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
182 of 1682
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 & 2024/25 OPERATING AND CAPITAL 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 & 2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
CSA 145 Fund 480 Adopted FY 2023/24 Revenue Budget: $1,032,706.00
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 6, 2023
CSA 145 Quimby County
Reimbursement / 1x
Payment 480-3711 $1,585,460.00
TOTAL: $1,585,460.00
Amended CSA 145 Fund 480 FY 2023/24 Revenue Budget: $2,618,166.00 CSA 145 Fund 480 Adopted FY 2023/24 Expenditure Budget: $1,032,707.00
2. Record Appropriation(s):
Amended CSA 145 Fund 480 FY 2023/24 Expenditure Budget: $2,266,005.00
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Budget Carryovers 480-4554-52606 $4,838.00
December 6, 2023
CIP 24-12: La Ladera Park
Improvements 480-4555-58185 200,000.00
December 6, 2023
Transfer to General Fund
(Lazy Creek Reimbursement) 480-4554-59000 809,372.00
December 6, 2023
Transfer to DIF Fund (Fund
522) (Lazy Creek
Reimbursement) 480-4554-59000 219,088.00
TOTAL: $1,233,298.00
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
183 of 1682
Amending the Fiscal Year 2023/24 & 2024/25 CSA 145 Budget CSA 145 Quimby Fees Reimbursement
2 4
7 0
8 4
CSA 145 Fund 480 Adopted FY 2024/25 Expenditure Budget: $1,032,706.00
2. Record Appropriation(s):
Amended CSA 145 Fund 480 FY 2024/25 Expenditure Budget: $1,389,706.00
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
480-4554-59000 100-3900 $809,372.00
480-4554-59000 522-3900 219,088.00
480-4530
Unassigned Fund Balance
480-4586
Assigned Fund Balance
557,000.00
TOTAL: $1,585,460.00
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the CSA 145 Fund 480 for the City of Menifee for FY2023/24 & 2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
FY2023/24 Revenues:
CSA 145 Quimby County of Riverside Reimbursement/Payment $1,585,460.00 Amended CSA 145 Fund 480 FY2023/24 Budget $2,618,166.00
FY2023/24 Expenditures:
CIP 24-12: La Ladera Park Improvements $200,000.00
Transfer to General Fund (Lazy Creek Reimbursement) 809,372.00 Transfer to DIF Fund (Fund 522) (Lazy Creek Reimbursement) 219,088.00 Amended CSA 145 Fund 480 FY2023/24 Budget $2,266,005.00
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 6, 2023
CIP 24-12: La Ladera Park
Improvements 480-4555-58185 $357,000.00
TOTAL: $357,000.00
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
184 of 1682
Amending the Fiscal Year 2023/24 & 2024/25 CSA 145 Budget CSA 145 Quimby Fees Reimbursement
3 4
7 0
8 4
FY2024/25 Expenditures:
CIP 24-12: La Ladera Park Improvements $357,000.00
Amended CSA 145 Fund 480 FY2024/25 Budget $1,389,706.00 PASSED, APPROVED AND ADOPTED this 6th day of December, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
185 of 1682
RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 & 2024/25 OPERATING AND CAPITAL 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 & 2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
DIF Parks Fund 522 Adopted FY 2023/24 Revenue Budget: $434,539.00
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 6, 2023
CSA 145 Quimby County
Reimbursement / 1x
Payment 522-3900 $219,088.00
TOTAL: $219,088.00
Amended DIF Parks Fund 522 FY 2023/24 Revenue Budget: $653,627.00 DIF Parks Fund 522 Adopted FY 2023/24 Expenditure Budget: $681,964.00
2. Record Appropriation(s):
Amended DIF Parks Fund 522 FY 2023/24 Expenditure Budget: $586,085.00
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Budget Carryovers Various $104,121.00
December 6, 2023
CIP 24-12: La Ladera Park
Improvements 522-4555-58185 (200,000.00)
TOTAL: ($95,879.00)
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
186 of 1682
Amending the Fiscal Year 2023/24 DIF Parks Fund 522
CSA 145 Quimby Fees Reimbursement
2 4
7 0
8 4
DIF Parks Fund 522 Adopted FY 2024/25 Expenditure Budget: $541,735.00
2. Record Appropriation(s):
Amended DIF Parks Fund 522 FY 2024/25 Expenditure Budget: $184,735.00
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 DIF Parks Fund 522 for the City of Menifee for FY2023/24 & 2024/25 is hereby increased / (decreased) and amended to reflect unanticipated revenues and expenditures as follows:
FY2023/24 Revenues:
CSA 145 Quimby County of Riverside Reimbursement/Payment $219,088.00 Amended DIF Parks Fund 522 FY2023/24 Budget $653,627.00
FY2023/24 Expenditures:
CIP 24-12: La Ladera Park Improvements ($200,000.00)
Amended DIF Parks Fund 522 FY2023/24 Budget $586,085.00 FY2024/25 Expenditures:
CIP 24-12: La Ladera Park Improvements ($357,000.00)
Amended DIF Parks Fund 522 FY2024/25 Budget $184,735.00
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 6, 2023
CIP 24-12: La Ladera Park
Improvements 522-4555-58185 (357,000.00)
TOTAL: ($357,000.00)
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
187 of 1682
Amending the Fiscal Year 2023/24 DIF Parks Fund 522
CSA 145 Quimby Fees Reimbursement
3 4
7 0
8 4
PASSED, APPROVED AND ADOPTED this 6th day of December, 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
188 of 1682
SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
MEETING DATE:
Tuesday, August 29, 2023
ITEM: 3.6
(ID # 22868)
FROM : BOS DISTRICT 3:
SUBJECT: BOS DISTRICT 3: Transfer of County Service Area 145 Quimby Balance to the City of Menifee. District 3. [$1,521,526 Total Cost – 100% CSA 145Q]
RECOMMENDED MOTION: That the Board of Supervisors:
1. Approve the Transfer of $1,521,526 in Quimby fees Collected in CSA 145Q to the City of Menifee; and
2. Direct the Auditor Controller’s Office to Make Budget Adjustments as Shown in attached Schedule A.
ACTION:Policy
____________________________________________________________________________
MINUTES OF THE BOARD OF SUPERVISORS
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
189 of 1682
SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
BACKGROUND:
Former County Service Area 145 (CSA 145) existed to provide park maintenance and recreation services within the Sun City area west of the 215 freeway ; at the time of the City of Menifee’s incorporation, CSA 145 was formally dissolved. County Service Area 145 Quimby (CSA 145Q) was created by the County’s Board of Supervisors on July 27, 2004 (Agenda Item
3.11), not as a formal County Service Area, but as a zone of benefit within CSA 145 , with the purpose of collecting in-lieu Quimby fees from new development for acqui sition and improvement of parkland. Since the time of CSA 145’s dissolution and expiration of remaining service contracts, CSA 145Q ceased to collect any further in-lieu fee revenue, and has only accrued interest. As the City of Menifee assumed responsibility for park maint enance and recreation services within the former CSA 145 service area, funds and assets of CSA 145Q must also be transferred to the City, i n accordance with Government Code Section 56886 (i).
The Office of Economic Development will inactivate CSA 145Q’s f und upon transfer of this remaining fund balance.
Impact on Residents and Businesses
The transfer of CSA 145Q funds to the City will provide a revenue source for City to provide capital improvements to the parks serving the residents of Menifee without drawing from the City’s tax base.
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 1,521,526 $ 0 $ 1,521,526 $ 0 NET COUNTY COST $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: 100% CSA 145Q Budget Adjustment: Yes
For Fiscal Year: 23/24
Item Title: 10.6
Acceptance of County Service Area 145 Quimby Fees
Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
190 of 1682
CITY OF MENIFEE
SUBJECT: Menifee Police Officers Association Side Letter Agreement MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resource Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding Side Letter with the Menifee Police Officers Association.
DISCUSSION
On December 15, 2021, the City Council approved a memorandum of understanding (MOU) with the Menifee Police Officers Association (MPOA). Section 23.D. (Holiday Leave – Holiday Pay Options) stated that employees required to work holidays would receive a leave bank of 112.5 hours of holiday hours each fiscal year, in which they are required to schedule a consecutive leave of absence, between 40 and 80 hours, each fiscal year.
To reduce operational impacts, the City and MPOA tentatively agree to remove the requirement that the holiday leave of absence be consecutive. Additionally, removing the consecutive requirement provides greater flexibility in the ability to schedule leave in smaller increments.
Additionally, those MPOA employees who are tasked with a special assignment will have the option of utilizing holiday bank hours when a scheduled holiday occurs during their regular assigned work week or working on a scheduled holiday in lieu of utilizing their holiday bank.
Background
Section 3505.1 of the Meyers-Milias-Brown Act provides that "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body Item Title: 10.7
Menifee Police Officers Association Side Letter Agreement Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
191 of 1682
City of Menifee Staff Report
Menifee Police Officers Association Side Letter Agreement December 6, 2023
1 9
2 1
adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.” Once approved by the governing body of a local agency, a memorandum of understanding becomes a binding agreement between the employee organization and the local agency.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action as the amount of holiday hours for members of the MPOA remain the same.
ATTACHMENTS
1. MPOA Side Letter - Holiday Pay Options
Item Title: 10.7
Menifee Police Officers Association Side Letter Agreement Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
192 of 1682
SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MENIFEE
AND
THE MENIFEE POLICE OFFICERS ASSOCIATION
The par�es agree to modifica�on to the Fiscal Year 2021 through 2024 Memorandum of Understanding (MOU) as amended and extended, as indicated below.
The par�es understand and agree that this side leter is being entered into following the meet and confer process. The par�es agree to the terms and condi�ons indicated below.
The language under Sec�on 23, Holiday Leave, Sub-sec�on D – Holiday Pay Op�ons, is amended by upda�ng and replacing the sub-sec�on with the new language as presented herein:
SECTION 23 – HOLIDAY LEAVE
Current Language
D. Holiday Pay Op�ons.
i. Employees required to work holidays will receive a bank of 112.5 hours of holiday hours during the first full pay period following July 1. The employee will be required to schedule a period of 40 holiday hours, with option for 80 holiday hours of consecutive leave during a period between July 1 and June 30 of the fiscal year (sabbatical).
ii. Effective fiscal year July 1, 2021 to June 30, 2022, a maximum of 40 holiday hours may be cashed out on the last pay period of the fiscal year. Effective fiscal year July 1, 2022 to June 30, 2023 and each fiscal year thereafter, a maximum of 80 holiday hours may be cashed out on the last pay period of the fiscal year. Any hours remaining in employee’s holiday bank exceeding 80 hours shall be lost with no compensation.
iii. If an employee separates from employment or is reassigned to a position which no longer requires the employee to work holidays, they will only be compensated for actual earned holidays and the remaining hours will be eliminated from employee’s holiday bank.
iv. Members who don’t receive the holiday bank of time and who are required to work on a holiday, or when the holiday falls on a members regular day off, shall have an amount of time commensurate to their regular shift placed into their holiday bank.
New Language
D. Holiday Pay Op�ons.
i. Employees will receive a bank of 112.5 hours of holiday hours during the first full pay period following July 1. The employee will be required to schedule a period of 40 holiday leave hours during the fiscal year between July 1 and June 30.
ii. Effective fiscal year July 1, 2021 to June 30, 2022, a maximum of 40 holiday hours may be cashed out on the last pay period of the fiscal year. Effective fiscal year July 1, 2022 to June 30, 2023 and each fiscal year thereafter, a maximum of 80 holiday hours may be cashed out Item Title: 10.7
Menifee Police Officers Association Side Letter Agreement Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
193 of 1682
on the last pay period of the fiscal year. Any hours remaining in employee’s holiday bank exceeding 80 hours shall be lost with no compensation.
iii. If an employee separates from employment they will only be compensated for actual earned and unused holidays. The remaining hours will be eliminated from the employee’s holiday bank.
iv. All full-time employees listed in subsection (a) shall be entitled to leave on the above holidays at full pay when such holidays occur within their regular assigned work week, provided the employee is in a paid status. Nothing in this section shall be interpreted to prohibit an employee in the listed assignments from working on a scheduled holiday in lieu of utilizing their holiday bank.
(a) Assignments referenced in section iv include:
1. Traffic Division
2. Detective Bureau
3. Problem Oriented Policing (POP)
4. Special Enforcement Team (SET)
5. School Resource Officer (SRO)
6. Homeless Liaison
7. Task Force Members
8. Community Behavioral Assessment Team (CBAT)
v. Employees who did not receive a holiday bank on July 1, 2023 will start with a prorated holiday bank. City authorized holidays listed within this MOU which have already occurred will be deducted from the holiday bank allotment.
All other Sec�ons and Sub-sec�ons of the MOU remain in full force and effect.
The undersigned agree to the terms as stated in this side leter agreement and support its implementa�on.
City of Menifee Menifee Police Management
Association
________________________________
Jonathan Nicks, Deputy City Manager
________________________________
Tiffany Moran, Managing Labor
Representa�ve
________________________________
Natalie Jacobs, Human Resources
Supervisor
________________________________
Anthony Clay, Menifee Police Officers
Associa�on President
Item Title: 10.7
Menifee Police Officers Association Side Letter Agreement Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
194 of 1682
CITY OF MENIFEE
SUBJECT: Menifee Miscellaneous Police Employee Association Side Letter Agreement
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resource Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding Side Letter with the Menifee Miscellaneous Police Employee Association.
DISCUSSION
Compensation
On June 15, 2022, the City Council approved a memorandum of understanding (MOU) with the Menifee Miscellaneous Police Employee Association (MMPEA). Section 15.1.3 (Reopeners) stated that the parties agree to a limited reopener during the term of the MOU if the City Employees’ Association (CEA) Units receives an increase in their health insurance or compensation provisions, which shall also apply to the MMPEA retroactively to the date applied to the CEA.
Section 9.3.3 (Compensation) of the MOU stated that effective July 1, 2023, all represented employees shall receive a compensation base salary increase of the lower of: a.) three percent (3%) or b.) the Riverside-San Bernardino-Ontario CPI-W from March 2022 to March 2023, which shall not be less than zero percent (0%) if the CPI comparison is negative. Effective July 1, 2023, MMPEA employees received a base salary increase of three percent (3%), while CEA employees received a base salary increase of four percent (4%). Due to the limited reopener in the MMPEA MOU, represented employees were eligible to receive a total of four percent (4%) retroactive to July 1, 2023. This difference of one percent (1%) is in addition to what the MMPEA already received.
Holiday Closure
For parity and consistency with CEA, retroactive to July 1, 2023, MMPEA propose removing Section 12.6.7 (The second Monday in October “Columbus Day”) of the MOU in exchange for the closure of non-public safety City Facilities during the week between Christmas and New Year’s Item Title: 10.8
Menifee Miscellaneous Police Employee Association Side Letter Agreement Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
195 of 1682
City of Menifee Staff Report
Menifee Miscellaneous Police Employee Association Side Letter Agreement December 6, 2023
1 9
2 2
Day. This “Holiday Closure” will result in the closure of non-public safety City Facilities beginning December 25, 2023 and January 1, 2024 (re-opening on Tuesday, January 2, 2024).
Additionally, any employee who is required to work during the Holiday Closure for public safety purposes, will receive the equivalent number of hours deposited into a holiday leave bank. Any holiday bank balance at fiscal year-end will be cashed out each June, up to a maximum of 80 hours, which is no change from the current practice.
Background
Section 3505.1 of the Meyers-Milias-Brown Act provides that "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.” Once approved by the governing body of a local agency, a memorandum of understanding becomes a binding agreement between the employee organization and the local agency.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The current fiscal impact for the Compensation item is one percent (1%) increase of corresponding salary and benefits accounts for represented employees for the period of July 1, 2023, to present. For the 19 represented positions, this equals an aggregate annual increase to the FY2023/2024 budget in salary expenses of approximately $15,500. There are additional increases to other related personnel costs such as retirement costs based upon a percentage of the respective salary. No additional budget appropriations are required as the current adopted budget can absorb the estimated increases. The current fiscal impact for the Holiday Closure item is approximately $11,200 in the corresponding salary and benefits accounts, which can also be absorbed by the current approved budget for FY2023/2024. No additional appropriation is needed required.
ATTACHMENTS
1. MMPEA Side Letter
Item Title: 10.8
Menifee Miscellaneous Police Employee Association Side Letter Agreement Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
196 of 1682
12251788.1 ME410-001
SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MENIFEE
AND
THE MENIFEE MISCELLANEOUS POLICE EMPLOYEE ASSOCIATION
The parties agree to modification to the Fiscal Year 2021 through 2024 Memorandum of Understanding (MOU) as amended and extended, as indicated below.
The parties understand and agree that this side letter is being entered into following the meet and confer process due to a limited reopener during the term of the MOU.
The language under article 15.1 Reopeners, Sub-section 15.1.3, indicates:
The parties agree to a limited reopener during the term of the MOU if the City Employees Association Units receives an increase in their health insurance of compensation provisions, which shall also apply to the MMPEA retroactively to the date applied to the City Employee’s Association.
The parties agree to the terms and conditions indicated below.
1. Article 9.3 Compensation
9.3.3 Effective July 1, 2023, all employees, currently employed as of the date of this side letter, in the unit represented by Association shall receive a compensation base salary increase of four percent (4%).
2. Holiday Closures
Retroactively effective July 1, 2023 - the parties agree on the removal of the 2nd Monday in October (Columbus Day) from the list of paid holidays in exchange for the closure of non-public safety City Facilities from December 24th to January 2nd The parties further agree that the Holiday schedule between December 24, 2023 and January 2, 2024 will be as follows:
oNon-public safety facilities closed between December 25, 2023 and January 1, 2024 (re-open on Tuesday, January 2, 2024)
oAny employee that is required to work during the closure for public safety purposes shall receive the additional days of floating holiday time.
3. Article 12.6 Holidays
The language under Article 12.6.16.1- Holiday Pay Options is amended by replacing the current language with the new language as per below:
Item Title: 10.8
Menifee Miscellaneous Police Employee Association Side Letter Agreement Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
197 of 1682
12251788.1 ME410-001
Current Language
12.6.16.1 Holiday Pay Options. Employees required to work holidays will receive a bank of 112.5 hours of holiday hours during the first full pay period following July 1. The employee will be required to schedule a period of 40 holiday hours, with option for 80 holiday hours of consecutive leave during a period between July 1 and June 30 of the fiscal year (sabbatical).
New Language
12.6.16.1 Holiday Pay Options. Employees required to work holidays will receive a bank of 112.5 hours of holiday hours during the first full pay period following July 1. The employee will be required to schedule a period of 40 holiday leave hours during the fiscal year between July 1 and June 30.
All other Sections and Sub-sections of the MOU remain in full force and effect.
The undersigned agree to the terms as stated in this side letter agreement and support its implementation.
City of Menifee Menifee Police Management
Association
________________________________
Jonathan Nicks, Deputy City Manager
________________________________
Tiffany Moran, Managing Labor
Representative
________________________________
Natalie Jacobs, Human Resources
Supervisor
________________________________
Chonte Keene, Menifee Miscellaneous
Police Employee Association President
Item Title: 10.8
Menifee Miscellaneous Police Employee Association Side Letter Agreement Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
198 of 1682
CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use
MEETING DATE: December 6, 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. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Perris Union High School District for the use of the aquatic facility at Paloma Valley High school through June 30, 2026; and
2. Approve and authorize a Mid-Year Budget appropriation of $107,500 in expenditures in Community Services General Fund (100-4662) and $14,500 in revenues in an account to be identified by Finance for Fiscal Year (FY) 2023/2024 and the inclusion of the associated personnel outlined in the staff report to be included on the Authorized Position Listing; and
3. Approve and authorize a Mid-Cycle Budget appropriation of $231,850 expenditures in Community Services General Fund (100-4662) and $43,000 in revenues in an account to be identified by Finance for FY 2024/2025.
DISCUSSION
On November 15, 2023 staff presented to City Council a proposal for a multi-pronged approach to meeting the resident’s needs for aquatic programming through integration into current and future park designs, marketing existing facilities like the DropZone, and creating partnerships with local agencies such as Perris Union High School District (PUHSD) for shared use of facilities.
City staff have finalized the Memorandum of Understanding (MOU) with 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 with a total project cost of $12.9 Million. As an enthusiastic partner in expanding aquatic programing, PUHSD and the City have agreed to the following terms.
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
199 of 1682
City of Menifee Staff Report
MOU with PUHSD
December 6, 2023
1 9
0 9
1. 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. 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. Set 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.
2. The City would:
oOrganize and implement aquatic programs for Menifee Residents – see Table 1 below for proposed aquatic programs offerings for Summer 2024. oAdhere to all safety protocols in accordance with PUHSD safety and industry standards.
oStaff aquatic programs based on current PUHSD hiring practices that include:
▪Lifeguard/Water Safety Instructor Certificates
▪Drug and alcohol screening
▪tuberculosis screening
▪Background check.
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 12:00 PM – 3:00 PM $2 R, $10 NR
Saturdays 11:00 AM – 3:00 PM $2 R, $10 NR
Recreation Swim – Season
Season Pass $25 R, $75 NR
Lap Swim – Hourly
Days of Operation Hours of Operation Hourly Fees
Monday – Thursday 4:00 PM – 7:00 PM $2 R, $10 NR
Saturdays 11:00 AM – 3:00 PM $2 R, $10 NR
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
200 of 1682
City of Menifee Staff Report
MOU with PUHSD
December 6, 2023
1 9
0 9
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, $125 NR
(R) Resident (NR) Non-Resident
The above proposed schedule and fees have been modified to incorporate feedback provided by City Council at the November 15th meeting that include the following:
•Extension of Recreation Swim from 2 to 3 hours Monday – Thursday •The addition of a Season Pass for Recreation Swim
•Dedication of 2 lanes for Lap Swim available at an hourly rate with prior registration •Adjustment of Non-Resident fees to a higher cost recovery rate Although the schedule will continue to focus on swim lessons and water safety which assist with eligibility for grant funds, it can be adjusted based on actual registration numbers at the beginning of Session 2 in July. This schedule would also be dependent on the training, recruitment, and hiring of qualified Lifeguards, Water Safety Instructors, and Pool Managers. As proposed, the program has the potential to serve over 4,000 residents in Summer 2024.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
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.
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
201 of 1682
City of Menifee Staff Report
MOU with PUHSD
December 6, 2023
1 9
0 9
•Aquatics programs would be funded through the City’s General Fund, however, staff would continue to seek grant and sponsorship opportunities to offset costs. •Budget appropriation of the funds identified below in Table 2 will take place at the Mid- Year Budget allocation.
•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 – 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. Memorandum of Understanding
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
202 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
203 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
204 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
205 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
206 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
207 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
208 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
209 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
210 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
211 of 1682
(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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 14
Menifee Mayor and City Council
December 6, 2023
Page
212 of 1682
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
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 15
Menifee Mayor and City Council
December 6, 2023
Page
213 of 1682
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.
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 16
Menifee Mayor and City Council
December 6, 2023
Page
214 of 1682
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.
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 17
Menifee Mayor and City Council
December 6, 2023
Page
215 of 1682
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: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 18
Menifee Mayor and City Council
December 6, 2023
Page
216 of 1682
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]
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 19
Menifee Mayor and City Council
December 6, 2023
Page
217 of 1682
IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.
CITY
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
DISTRICT
Candace Reines
Deputy Superintendent, Business Services
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 20
Menifee Mayor and City Council
December 6, 2023
Page
218 of 1682
Exhibit A
Exhibit A
Map of Aquatics Facility
Paloma Valley High School Aquatics Facility
628-5/6739991.1
Item Title: 10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use Item Page Number: 21
Menifee Mayor and City Council
December 6, 2023
Page
219 of 1682
CITY OF MENIFEE
SUBJECT: Agreements with Security Signal Devices, Inc. for City Facility Fire Alarm, Burglar Alarm, and Closed-Circuit Television Maintenance and Monitoring Services
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst I
REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a five-year agreement with Security Signal Devices, Inc. (SSD) for fire alarm, burglar alarm and closed-circuit television (CCTV) maintenance and monitoring services for Fiscal Years (FY) 2023/2024 through 2027/2028 in an amount not-to-exceed $250,150.80.
DISCUSSION
Background
In April of 2018, City staff issued a Request for Proposals (RFP) to engage a qualified agency to provide intrusion alarm monitoring, fire monitoring/testing, and maintenance services. A total of five proposal responses were received. A selection/evaluation committee comprised of internal City staff familiarized and experienced in the requirements of the RFP evaluated and ranked each proposal based on specific criteria and scoring parameters stated in the solicitation. Based on the established evaluation criteria, Pacific Alarm was identified as the most qualified firm to provide the services and was awarded a professional services agreement. Pacific Alarm has since merged with Security Signal Devices, Inc. (SSD). Since the awarding of the professional services agreement, SSD has installed a robust system of burglar alarms, fire alarms, CCTV cameras, and various other equipment at 14 City operated facilities.
These systems encompass a range of services critical to protecting city facilities. The burglar alarm monitoring service ensures that any unauthorized intrusion is immediately detected and reported, providing a crucial layer of security to our facilities. The fire alarm monitoring and testing services are equally vital, offering constant surveillance and regular maintenance checks to Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
220 of 1682
City of Menifee Staff Report
SSD Professional Services Agreement
December 6, 2023
1 8
6 7
ensure that these systems are always operational, ready to alert and protect in the event of a fire.
Additionally, the maintenance of the CCTV systems by SSD plays a key role in surveillance and monitoring of city properties. The maintenance includes repairs on all equipment based on a time and materials basis. If any part of the equipment cannot be repaired and is no longer available, it will be replaced with equipment having the same quality and performance at no charge.
Additionally, if remote access is possible, SSD can conduct remote code changes. If remote access is not an option, a SSD technician will conduct the code changes in person. SSD’s monitoring services offer real-time visual monitoring that aids in both preventing potential security breaches and in responding effectively when incidents occur. When an alarm signal is received, SSD’s monitoring facility (the Center) will attempt to telephone the proper police, fire department, private alarm response or other emergency personnel and the first available person on the subscriber’s emergency list. To avoid false alarms the Center may call subscriber’s premises first to determine if an actual emergency exists before calling any responders. If the Center has reason to believe that no actual emergency exists, it may choose not to place such notification calls.
Proposed Master Agreement
Currently, all SSD agreements for the City occupied buildings are being managed and tracked individually by service type. The proposed master agreement consolidates all the existing agreements to allow staff to easily track all charges and changes being made to the fire alarm, burglar alarm, and CCTV systems. Due to the amount of SSD owned equipment already installed throughout all City facilities, it would not be cost effective to switch service providers at this time.
The proposed master agreement reflects an effective date of June 2023, however, it has not been formally adopted to allow staff the time to collect all necessary attachments and information for the staff report, as well as allow for a proper legal review of the new consolidated agreement.
Acting in good faith, SSD has maintained their services active to not leave the City facilities vulnerable to potential security and safety incidents that would be costly if their services were to not be active.
Financial Considerations and Forward Planning
One of the complexities in finalizing this agreement stems from the variable nature of taxes and fees, which SSD was unable to encapsulate in their proposal. Based on historical data and thorough analysis of past invoices from SSD, it is estimated that an additional sum of approximately $2,000 per year will be needed to cover state and county taxes and fees. These charges are inherent to the services provided and fluctuate annually, necessitating a flexible financial approach. Furthermore, the city's growth and the evolving nature of our facilities necessitate a budget that accommodates future expansions and enhancements of security services. To this end, a provisional annual budget cap of $10,000 is proposed. This cap is intended to cover smaller-scale additions and enhancements within existing facilities, such as minor upgrades or the inclusion of additional services at current sites. The cost of these minor upgrades and additional services is broken down in the service and equipment rate sheet that is labeled as Exhibit 2.
However, it is important to note that this cap may not encompass larger-scale projects. Such projects could include the installation of comprehensive burglar, fire, and CCTV systems in new facilities or a major overhaul of existing systems, like replacing the entire camera network in multiple parks. These larger projects represent significant expansions in the scope of services and would consequently require additional funding beyond the proposed $10,000 cap.
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
221 of 1682
City of Menifee Staff Report
SSD Professional Services Agreement
December 6, 2023
1 8
6 7
Therefore, should such extensive projects arise, it is anticipated that we will return to the council to seek approval for amendments to the agreement. These amendments would specifically address the financial and contractual aspects of integrating these larger-scale projects into our security infrastructure. This approach ensures that while we maintain fiscal responsibility for routine enhancements and expansions, while retaining the flexibility to address more substantial security needs as they emerge.
Conclusion
In conclusion, the proposed 5-year agreement with SSD is strategically aligned with our city's long-term security goals. It represents a balanced approach, combining operational efficiency with financial prudence. While the immediate focus is on streamlining the management of our current security systems and accommodating minor expansions within a defined budget, we are also prepared to address larger security projects as our city continues to grow and evolve. By adopting this master agreement and allowing for future amendments, we ensure that city facilities are protected and capable of meeting both current and future needs.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The total fiscal impact of the proposed agreement with Security Signal Devices, Inc. would be $250,150.80 for FYs 2023/2024 through 2027/2028. A budget transfer of $10,000 will be submitted from Account No. 110-4122-52500 (Equipment Maintenance) to Account No. 110- 4115-52051 (Alarm Services) to fund the agreement for FY 2023/2024. Additionally, a second budget transfer of $10,000 will be submitted from Account No. 110-4122-52500 (Equipment Maintenance) to Account No. 110-4115-52051 (Alarm Services) to fund the agreement for FY 2024/2025. Funding for FY 2025/2026 through FY 2027/2028 would be budgeted as part of the respective year’s budget. No additional budget appropriation action(s) would be required. A breakdown of the five-year agreement price is shown below in Table 1.
Table 1: Contract Terms and Amounts
Term
Number
Yearly
Service Cost
Taxes and
Fees
Additional
Services (As
Needed)
Total:
FY 23/24 $38,030.16 $2,000 $10,000 $50,030.16
FY 24/25 $38,030.16 $2,000 $10,000 $50,030.16
FY 25/26 $38,030.16 $2,000 $10,000 $50,030.16
FY 26/27 $38,030.16 $2,000 $10,000 $50,030.16
FY 27/28 $38,030.16 $2,000 $10,000 $50,030.16
$190,150.80 $10,000.00 $50,000.00 $250,150.80
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
222 of 1682
City of Menifee Staff Report
SSD Professional Services Agreement
December 6, 2023
1 8
6 7
ATTACHMENTS
1. Exhibit 1 – SSD Fire and Burglar Alarm Service Agreements
2. Exhibit 2 – SSD Service and Equipment Rate Sheets
3. Exhibit 3 – SSD Existing and Previous Agreements
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
223 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
224 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
225 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
226 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
227 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
228 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
229 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
230 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
231 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
232 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 14
Menifee Mayor and City Council
December 6, 2023
Page
233 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 15
Menifee Mayor and City Council
December 6, 2023
Page
234 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 16
Menifee Mayor and City Council
December 6, 2023
Page
235 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 17
Menifee Mayor and City Council
December 6, 2023
Page
236 of 1682
January 1, 2023
Service Rates
Preferred Standard Service Rates
o $189 per hour, minimum 1 hour
o $94.50 per each ½ increment thereafter
Preferred Emergency Service Rates
o $219 per hour, minimum 2 hours, portal to portal
o $219 per each hour increment thereafter, portal to portal
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 18
Menifee Mayor and City Council
December 6, 2023
Page
237 of 1682
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 19
Menifee Mayor and City Council
December 6, 2023
Page
238 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC Armando G. Villa
3/31/2022
City Manager
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 20
Menifee Mayor and City Council
December 6, 2023
Page
239 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 21
Menifee Mayor and City Council
December 6, 2023
Page
240 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 22
Menifee Mayor and City Council
December 6, 2023
Page
241 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 23
Menifee Mayor and City Council
December 6, 2023
Page
242 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 24
Menifee Mayor and City Council
December 6, 2023
Page
243 of 1682
DocuSign Envelope ID: 4DDBF647-C1B7-415F-971E-B906F97E2DBC 3/31/2022
City Manager
Armando G Villa
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 25
Menifee Mayor and City Council
December 6, 2023
Page
244 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 10/15/2021
Armando G. Villa
City Manager
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 26
Menifee Mayor and City Council
December 6, 2023
Page
245 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 27
Menifee Mayor and City Council
December 6, 2023
Page
246 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 28
Menifee Mayor and City Council
December 6, 2023
Page
247 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 29
Menifee Mayor and City Council
December 6, 2023
Page
248 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 30
Menifee Mayor and City Council
December 6, 2023
Page
249 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 31
Menifee Mayor and City Council
December 6, 2023
Page
250 of 1682
DocuSign Envelope ID: A15CEEC2-46E7-4914-90F3-2C78B8CC0D09 Armando G. Villa
City Manager
10/15/2021
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 32
Menifee Mayor and City Council
December 6, 2023
Page
251 of 1682
DocuSign Envelope ID: 33E95BBE-7122-4A44-95D9-D012B1CCEE39 Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 33
Menifee Mayor and City Council
December 6, 2023
Page
252 of 1682
DocuSign Envelope ID: 33E95BBE-7122-4A44-95D9-D012B1CCEE39 Armando G. Villa City Manager
9/6/2022
Item Title: 10.10
Agreements
with
Security
Signal
Devices,
Inc.
for
City
Facility
Fire
Alarm,
Burglar
Alarm,
and
Closed-Circuit
Television
Maintenance and Monitoring Services
Item Page Number: 34
Menifee Mayor and City Council
December 6, 2023
Page
253 of 1682
CITY OF MENIFEE
SUBJECT: Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst I, and
Michelle Sarkisian, IT Manager
REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to issue a purchase order to SHI International Corp., authorized reseller of Artic Wolf, Inc., in the amount of $124,401.24 for Fiscal Year 2023/24 for the purchase of cloud-based cybersecurity event log aggregation, threat detection and response, and Security Operations Center services; and
2. Authorize the City Manager to administratively approve up to three optional one-year renewals of the purchase order on the same terms with an annual increase not-to-exceed 10% per year for Fiscal Years 2024/25 through 2026/27; and
3. Authorize the purchase to be made under the cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) through the OMNIA Master Intergovernmental Cooperative Purchasing Agreement and SHI Master Agreement No. 2018011-02.
DISCUSSION
In May 2021, the City of Menifee Information Technology (IT) Department partnered with Arctic Wolf, Inc. (Artic Wolf), a market leader in security operations, to provide Security Operation Center services (“Services”) as an extension of the IT Department. The City purchased the subscription through SHI International Corporation ("SHI”), an authorized reseller and partner of the OMNIA Partners cooperative purchasing alliance (“OMNIA”). The City of Menifee became a member of Item Title: 10.11
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services
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City of Menifee Staff Report
Arctic Wolf Inc., Security Operations Center Services Agreement December 6, 2023
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the OMNIA cooperative purchasing alliance on March 31, 2011 which allows the City to purchase the proposed Services under a cooperative purchasing program.
The OMNIA cooperative secures pricing and terms for purchases by participating public entities through publicly bid master agreements. In this case, the master agreement for the Services is SHI/OMNIA Contract No. 2018011-02, originally entered into by the City of Mesa, AZ. The substantive provisions of that master agreement would apply to the purchase of the Services from SHI. This structure permits the City to secure the Services through the cooperative structure and pricing, rather than independently securing and negotiating for the Services.
In the year following the City’s initial agreement with Arctic Wolf for the Services, the overall platform performance exceeded expectations within weeks of installation. Arctic Wolf, Inc. brought visibility to issues affecting the organization’s security. Based on that information, City staff quickly acted on the recommended changes to reduce the organization’s vulnerability, which helped pave the way for new initiatives to improve the City’s security posture.
The Arctic Wolf team assigned to the City of Menifee is also able to provide 24/ 7 staffing to ensure that alerts are acted upon immediately regardless of time of day. Over the past year, this service has identified and responded to 156 issues without requiring City staff to shift focus from other commitments.
As constant vigilance is required to reduce the risks or impacts of future incidents, the IT Department requests authorization to continue utilizing Arctic Wolf, Inc.’s services to provide network security monitoring, vulnerability scanning, and pro-active threat response services.
These services monitor, detect, and respond and inform IT staff of security events on the hundreds of devices the City relies on in providing services to residents and businesses. Under the proposed services agreement, Arctic Wolf, Inc. would continue to provide security log monitoring, incident alerting, remediation support, vulnerability scanning, and log retention services. The City receives 24/7 security monitoring of City systems. When threats are detected, security incidents are rapidly classified using Artificial Intelligence (AI), and a Concierge Security Team (CST) dedicated to the City immediately commences containment, significantly reducing the impact on City operations. The SHI Quote attached reflects an effective date of June 2023.
This is due to an extended legal review that was necessary to ensure that the City was adhering to the proper finance requirements needed to conduct this purchase. Acting in good faith, Arctic Wolf maintained their services online to not leave the City vulnerable to security breaches while our legal department finished their review of the agreements.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The proposed purchase for Arctic Wolf Services is currently budgeted within the 2023/2024 and 2024/2025 Fiscal Years Budget under IT Operations – Cybersecurity Account No. 110-4122- 51354 in the amounts of $124,401.24 and $136,841.36 respectfully.
Item Title: 10.11
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services
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Funding for the two additional optional renewal years (Fiscal Years 2025/26 and 2026/27) would be budgeted as part of the respective year’s budget. No additional budget appropriation(s) are required. Due to Arctic Wolf being unable to provide staff with an annual increase estimate, staff estimated a conservative annual increase up to a maximum of 10% per fiscal year for the optional renewals. A breakdown of the cost by fiscal year is shown below on Table 1.
TABLE 1 – Allocations by Fiscal Year
Fiscal Year (FY) Amount (Annual 10% Increase Included)
FY 2023/24 $124,401.24
Optional Renewal - FY 2024/25 $136,841.36
Optional Renewal - FY 2025/26 $150,525.50
Optional Renewal - FY 2026/27 $165,578.05
ATTACHMENTS
1. SHI Quote
2. SHI/OMNIA Partners Data Sheet
3. SHI/OMNIA Master Agreement No. 2018011-02 - Arctic Wolf Services Item Title: 10.11
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services
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Pricing Proposal
Quotation #: 23910657
Created On: 9/7/2023
Valid Until: 12/29/2023
CA-City of Menifee Inside Account
Executive
Ron Puccinelli
29844 Haun Rd
Menifee, CA 92586-6539
United States
Phone: (951) 672-6777
Fax:
Email: [email protected]
Damon Tobacco
290 Davidson Ave,
Somerset, NJ, 08873
Phone: 732-317-6877
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Arctic Wolf MDR user license
Arctic Wolf Networks - Part#: AW-MDR-USER
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
400 $124.76 $49,904.00
2 Arctic Wolf MDR server license
Arctic Wolf Networks - Part#: AW-MDR-SE
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
50 $124.76 $6,238.00
3 Arctic Wolf MDR Log Retention - 1 year
Arctic Wolf Networks - Part#: AW-MDR-1YR
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
450 $9.99 $4,495.50
4 Arctic Wolf 200 Series Sensor
Arctic Wolf Networks - Part#: AW-MDR-2XX-S
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
12 $2,079.02 $24,948.24
5 Arctic Wolf MDR Office 365 user license
Arctic Wolf Networks - Part#: AW-MDR-O365
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
400 $15.60 $6,240.00
6 Arctic Wolf MDR Log Search
Arctic Wolf Networks - Part#: AW-MDR-LS
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
450 $9.99 $4,495.50
Item Title: 10.11
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services
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7 Arctic Wolf Managed Risk user license
Arctic Wolf Networks - Part#: AW-MR-USER
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
400 $62.40 $24,960.00
8 Arctic Wolf Managed Risk server license
Arctic Wolf Networks - Part#: AW-MR-SE
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
50 $62.40 $3,120.00
9 Arctic Wolf Platform - Users and Servers
Arctic Wolf Networks - Part#: AW-PLATFORM
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
450 $0.00 $0.00
10 Arctic Wolf IR JumpStart Retainer
Arctic Wolf Networks - Part#: AW-IR-JSR
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 6/21/2023 – 6/20/2024
1 $0.00 $0.00
Total $124,401.24
Additional Comments
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Arctic Wolf’s delivery of the products, services, and Solutions described herein are governed by the applicable Agreement located at https://arcticwolf.com/terms (or such other agreement executed by Arctic Wolf and the end user).
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
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SHI International Corp. \\ www.publicsector.SHIdirect.com \\ 888-744-4084 Visit SHI’s OMNIA Partners, Public Sector microsite for more information about how you can utilize our contract to save on IT services and solutions.
Created by and for public agencies
OMNIA Partners, Public Sector is a cooperative purchasing organization established for public agencies across the United States with the specific purpose of reducing procurement costs by leveraging group volume. OMNIA Partners, Public Sector aggregates the purchasing power of participating public agencies across the country in order to receive larger volume discounts from suppliers. This is an optional program with no fee to participate.
Pricing
All contracts in the OMNIA Partners, Public Sector
portfolio are awarded by a lead public agency, using
a competitive solicitation process to get you the best
pricing and discounts available.
SHI’s full catalog of products and services is available to meet all your technology needs.
Award product categories
SHI’s entire product catalog, including hardware, software, and services across all manufacturers, is now available through OMNIA Partners, Public Sector:
• Cloud products and custom services
• Systems (desktops, laptops, tablets, servers)
• Input devices (keyboards, mice, scanners, audio)
• Output devices (displays, printers, projectors, accessories) • Storage
• Networking equipment
• Software
• Media supplies
• Collaboration and IP telephony
• All technology related services
• All other products
Participation information
Only registered participants of OMNIA Partners, Public
Sector cooperative can utilize contracts in their portfolio.
Not already an OMNIA Partners, Public Sector participant? Navigate to www.omniapartners.com/publicsector and
click “Register” on the top right.
Participation is open to:
• City/local government
• County government
• State government
• Public/private education institutions and systems
• Special districts
• Nonprofits
SHI and OMNIA Partners, Public Sector
Contract Name - IT Solutions and Services
Contract Number - 2018011-02
Expiration Date - February 28, 2025
Lead Public Agency - City of Mesa, AZ
Contract Name - Total Cloud Solutions
and Services
Contract Number - R220804
Expiration Date - September 30, 2025
Lead Public Agency - Region 4 ESC - TX
OMNIA Partners,
Public Sector
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City of Mesa, AZ
Contract # 2018011-02
for
Information Technology Solutions and Services
with
SHI International Corp.
Effective: March 1, 2018
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The following documents comprise the executed contract between the City of Meza, AZ and SHI International Corp, effective March 1, 2018:
I. Executed Contract
II. Mayor and Council Approval
III. Supplier Response
IV. Original RFP
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~
mesa-az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018011
INFORMATION TECHNOLOGY SOLUTIONS & SERVICES
CITY OF MESA, Arizona ("City")
Department Name
Mailing Address
Delivery Address
Attention
E-Mail
Phone
Fax
City of Mesa - Purchasing Division
P.O. Box 1466
Mesa, AZ 85211-1466
20 East Main St, Suite 400
Mesa, AZ 85201
Sharon Brause, CPPO, CPPB, CPCP
Senior Procurement Officer
Sharon.Brause@MesaAZ .gov
(480) 644-2815
(480) 644-2655
AND
SHI INTERNATIONAL CORP., ("Contractor")
Mailing Address 290 Davidson Ave
Remit Address
Attention
E-Mail
Phone
Fax
Website
Somerset , NJ 08873
PO Box 952121
Dallas, TX 75395-2121
Meghan Flisakowski, Public Program Manager
[email protected]
512-517-4088
732-652-6599
www.publicsector.shidirect.com/
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CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 27th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and SHI INTERNATIONAL CORP, a New Jersey corporation ("Contractor"). The City and Contractor are each a "Party" to the Agreement or together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2018011 ("Solicitation") for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the Services/Products described in the Solicitation and Response.
C. "Services" means the resale services provided by Contractor under this Agreement; i.e. sourcing and fulfilling the Product and/or providing deliverables identified in an Order.
D. "Products" means collectively third-party software, computer peripherals, computer hardware, and associated IT services provided by third parties or Contractor, as the case may be.
E. "Order'' means the form of purchase order or other document used for the purpose of ordering Product and/or deliverables pursuant to this Agreement. Order shall also include a phone order or on-line order placed by the City employee to Contractor utilizing the City's corporate procurement card or the City's written or electronic form of purchase requisition.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023.
The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a Contractor to provide the Services/Products provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then current term.
1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an Order. Contractor agrees to deliver all Products to the desktop of the ordering customer be delivered F.O.B. destination, freight pre-paid and allowed to various locations throughout the City. The City of Mesa shall be responsible for extra incurred fees for expedited shipping or other special delivery requirements. In
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many cases within the City, the Contractor may be asked to deliver all goods to the front counter within a given department; this is a City requirement and other participating agencies who utilize this Agreement as a cooperative contract (see Exhibit C, Mesa Standard Terms & Conditions) may have other delivery requirements.
2. Scope of Work. The Contractor will provide the necessary staff, Services and associated resources to provide the City with the Services, Products, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work . If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.
3. 4.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein.
Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one time purchase; (ii) notice to proceed, or (iii) Delivery Order off a Master Agreement for a requirements contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place Orders as permitted under this Agreement. The terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below.
Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order.
a. Amendments to the Agreement
b. Agreement
c. Exhibits
1. Mesa Standard Terms & Conditions (Exhibit C)
2. Pricing (Exhibit B)
3. Scope of Work (Exhibit A)
4. Other Exhibits not listed above
d. Solicitation including any addenda
e. Contractor's Response
5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term.
6. Pricing. Contractor's pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and will include all charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a Product is discontinued, Contractor will provide a Product of the same or greater functionality, utilizing the discount structure.
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It is the Contractor's responsibility to provide the City with an up-to-date price list for the duration of the Agreement.
6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the Products/Service including transportation and insurance costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement.
6.2 6.3
6.4 The Contractor further agrees that any reductions in the price of the Products or Services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or Products must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the Services/Products under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to expiration date of the then-current term of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in Subsection 6.2. There is no guarantee the City will accept a price adjustment.
Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City DepartmenUDivision requesting the Service or Product from the Contractor. A properly completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement; d. Invoice number and date;
e. Payment terms;
f. Date of Service or delivery of Product;
g. Description of Products or Services provided;
h. If Products provided, the quantity delivered and pricing of each unit;
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i. Applicable taxes; and
j. Total amount due.
6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Cardle-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available.
6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for Products/Service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice.
7. Insurance.
7 .1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the Products/Service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.
Nothing in this Section 7 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.
7.2 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.
7.3 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement.
7.4 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.
7.5 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.
7.6 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor where permitted by law.
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7.7 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.
7.8 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:
7.8.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law.
7.8.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.
7.8.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos.
8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. If the City cancels a purchase order following shipment of the Products but prior to delivery, the City shall pay all freight and handling charges for shipment and return shipment of such Products to Contractor. All returns shall be made in accordance with Contractor's Return Policy found at www.shi.com/returnpolicy and this Agreement, with the terms of this Agreement controlling. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of Product, or performance of Services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so.
9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C.
10. WARRANTY. Contractor warrants that the Services and Products will conform to the requirements of the Agreement. Additionally, Contractor warrants that all Services will be performed in a good, workman-like and professional manner. The City's acceptance of Services or Products provided by Contractor will not relieve Contractor from its obligations under this warranty. If any Products or Services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide Products or redo such Services until in accordance with this Agreement and to the City's reasonable satisfaction.
11. OEM PRODUCT WARRANTY. Contractor is a value-added reseller ("VAR") of Products, not the Original Equipment Manufacturer ("OEM") or licensor, and, except as provided herein, Contractor disclaims any warranty responsibility regarding warranties provided by the OEM for the Products provided under this Agreement ("OEM Product Warranty"). Contractor shall forward the OEM Product Warranties to the City which are provided to Contractor from the OEM of the Product and, to the extent granted by the OEM, the City shall be the beneficiary of the OEM's Product Warranties
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12. with respect to the Product. Contractor is not a party to any such terms of the OEM Product Warranty between the City and OEM and the City agrees to look to the OEM for satisfaction of any and all OEM Product Warranty claims related to that OEM's Product.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, CONTRACTOR HEREBY
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES OR PRODUCTS. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY OEM PRODUCT WARRANTY.
Representations of Contractor . To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the Services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.
13. Mesa Standard Terms and Conditions . Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party .are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
14. Counterparts and Facsimile or Electronic Signatures . This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought.
15. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control.
Exhibits to this Agreement are the following:
(A) Scope of Work/ Technical Specifications
(B) Pricing
(C) Mesa Standard Terms and Conditions
16. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party.
17. Title, Risk of Loss, Returns. Contractor shall transfer to the City good and merchantable title to the Product, free from all liens, encumbrances and claims of others, upon delivery of the Product to and its receipt by the City, at which time title and risk of loss shall vest fully in the City, unless
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notice of rejection is provided to Contractor's authorized representative within three (3) business days after such delivery. All returns of Product shall be made in accordance with this Agreement and Contractor's Return Policy found at www.shi.com/returnpolicy . with the terms of the Agreement controlling.
18. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.
19. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement.
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
SHI INTERNATIONAL CORP.
By: --'-~~-------
Cassie Skelton
Printed Name Printed Name
~ 1 ~S SeaJlc.£5 D, ~ Contracts Manager
----=---------------Title Tit I e
2-27-/8) 2/27/18
Date Date
REVIEWE~
By: tl..lJ 4...-V
!
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EXHIBIT A
SCOPE OF WORK
1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications:
a. A full range of information technology solution Products and Services to meet varying requirements of governmental agencies.
b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering Products, free of charge, in a timely manner on a nationwide basis.
d. Have a demonstrated sales presence.
e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet ordering and billing capabilities.
f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein.
2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following:
a. Online
b. Telephone
c. Fax
d. Email
3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including but not limited to the following categories:
a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba.
b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work.
Product will include the operating system license, software media and documentation in the hardware shipment.
d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1 , T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell,
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4. 5.
Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems.
f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, keyboards, drives, memory cards, cables, batteries, etc.
h. Services: Services such as cloud computing, consulting, technical support, leasing/financing, trade-ins, repair, design, analysis, configuration, implementation , installation, training, and maintenance, etc. In addition, Services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. i.
j.
Note: All hardware must come fully assembled . For example, if extra memory, additional drives or peripherals are ordered, the Contractor must install them unless the Participating Agency request they not be installed. Contractor shall provide these assembly and installation services as stated in the applicable Order; any additional terms and costs that may apply will be identified in the quote.
In cases of custom configuration (e.g.: imaging, etching, kitting, build to order machines, rack and stack servers) and large roll outs, there may be an additional cost associated with assembly. Any additional costs will be noted at the time of quoting.
Installation/deployment projects typically are governed by a scope of work specific to the project which may require an additional cost. If installation is requested the Contractor will review options and provide the scope of work as well as any associated costs at the time of quoting.
Comprehensive Product Offering: Contractor's complete catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered.
Financing: Options available such as lease programs and conditional sales contracts.
LICENSES. Participating Agencies may be required to sign a separate agreement, rider or End User Licensing Agreement ("EULA·) as required by manufacturers.
DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor at no cost to the City in accordance with this Agreement and Contractor's Return Policy found at www.shi.com/returnpolicy, with the terms of this Agreement controlling. Contractor will order a replacement unit within one (1) business day of notice of damage, defect or DOA from the City.
The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor . All replacement Products must be received by the City within seven (7) days of initial notification.
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Item
# Product
1) Group 1- Systems
2) Group 2 - Input Devices
3) Group 3 - Output Devices
EXHIBIT B
PRICING
Product/ Group
1) Desktops
2) Notebooks
3) Tablets
4) Servers
(1 Processor, 2 Processor, 4+
Processor, Blade, Tower, Unix,
Handhelds, etc)
5) Keyboards
6) Mice
7) Imaging Scanners
8} POS Scanners
9} Pointing Devices
10) Bar Code Readers
11) Audio Input
12) Input Adapters
13) PC and Network Cameras
14) Input Cables
15) Input Accessories
16) Displays
17) Printers
Discount Manufacturer Name
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
5.00% SH l's Full Catalog of
Input Devices
5.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.50% SH l's Full Catalog of
Output Devices
4.50% SH l's Full Catalog of
Output Devices
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4.50% SH l's Full Catalog of
18) Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
19) Inkjet Photo Printers Output Devices
4.50% SH l's Full Catalog of
20) Laser Printers Output Devices
4.50% SH l's Full Catalog of
21) Label Printers Output Devices
4.50% SH l's Full Catalog of
22) Dot Matrix Printers Output Devices
4.50% SH l's Full Catalog of
23) Multi-Function Printers Output Devices
4.50% SH l's Full Catalog of
24) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
25) Multi-Function Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
26) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
27) Fax Machine Printers Output Devices
4.50% SH l's Full Catalog of
28) Printer Accessories Output Devices
4.50% SH l's Full Catalog of
29) Projectors Output Devices
4.50% SH l's Full Catalog of
30) Projector Accessories Output Devices
4.50% SH l's Full Catalog of
31) Audio Input Output Devices
4.50% SH l's Full Catalog of
32) Video Cards Output Devices
4.50% SH l's Full Catalog of
33) Sound Cards Output Devices
4.50% SH l's Full Catalog of
34) Output Accessories Output Devices
4.50% SHl's Full Catalog of
35) Printer Consumables Output Devices
36) Desktop
4.50% SHl's Full Catalog of
Memory
4) Group 4- Memory
37) Flash
4.50% SH l's Full Catalog of
Memory
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38) Networking
4.50% SH l's Full Catalog of
Memory
39) Notebook
4.50% SH l's Full Catalog of
Memory
40) Printer/ Fax
4.50% SH l's Full Catalog of
Memory
41) Server
4.50% SH l's Full Catalog of
Memory
4.00% SH l's Full Catalog of
42) Adapters Fiber Channel Storage Devices
4.00% SH l's Full Catalog of
43) Adapters FireWire / USB Storage Devices
4.00% SH l's Full Catalog of
44) Adapters IDE/ATA/SATA Storage Devices
4.00% SH l's Full Catalog of
45) Adapters RAID Storage Devices
4.00% SH l's Full Catalog of
46) Adapters SCSI Storage Devices
4.00% SH l's Full Catalog of
47) Bridges & Routers Storage Devices
48) Disk Arrays 4.00% SH l's Full Catalog of
Storage Devices
49) Disk Arrays JBOD 4.00% SH l's Full Catalog of
Storage Devices
5) Group 5 - Storage Devices SO) Drives Magneto-Optical 4.00% SH l's Full Catalog of Storage Devices
51) Drives Removable Disks 4.00% SH l's Full Catalog of Storage Devices
52) Fiber Channel Switches 4.00% SH l's Full Catalog of Storage Devices
53) Hard Disks - External 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
54) Hard Disks - Fiber Channel Storage Devices
4.00% SHl's Full Catalog of
55) Hard Disks - IDE/ATA/S Storage Devices
4.00% SH l's Full Catalog of
56) Hard Disks - Notebook Storage Devices
4.00% SHl's Full Catalog of
57) Hard Disks - SCSI Storage Devices
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4.00% SH l's Full Catalog of
58) Networking Accessories Storage Devices
4.00% SH l's Full Catalog of
59) Optical Drives - CD-ROM Storage Devices
4.00% SH l's Full Catalog of
60) Optical Drives - CD-RW Storage Devices
61) Optical Drives - DVD-CD 4.00% SH l's Full Catalog of Storage Devices
62) Optical Drives - DVD-RW 4.00% SH l's Full Catalog of Storage Devices
63) Storage Accessories 4.00% SHl's Full Catalog of
Storage Devices
64) Storage - NAS 4.00% SH l's Full Catalog of
Storage Devices
65) Storage - SAN 4.00% SH l's Full Catalog of
Storage Devices
66) Tape Autoloaders -AIT 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
67) Tape Autoloaders - DAT Storage Devices
4.00% SH l's Full Catalog of
68) Tape Autoloaders - DLT Storage Devices
4.00% SH l's Full Catalog of
69) Tape Autoloaders - LTO Storage Devices
4.00% SH l's Full Catalog of
70) Tape Drives - 4mm Storage Devices
4.00% SH l's Full Catalog of
71) Tape Drives - 8mm/VXA Storage Devices
4.00% SH l's Full Catalog of
72) Tape Drives - AIT Storage Devices
4.00% SH l's Full Catalog of
73) Tape Drives - DAT Storage Devices
74) Tape Drives - DLT 4.00% SH l's Full Catalog of
Storage Devices
75) Tape Drives- LTO/Ultrium 4.00% SHl's Full Catalog of Storage Devices
76) Tape Drives SOLT 4.00% SH l's Full Catalog of
Storage Devices
77) Tape Drives - Travan 4.00% SH l's Full Catalog of
Storage Devices
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78) 10/100 Hubs & Switches 5.00% SH l's Full Catalog of Network Equipment
79) Bridges & Routers 5.00% SH l's Full Catalog of
Network Equipment
5.00% SH l's Full Catalog of
80) Gigabit Hubs & Switches Network Equipment
5.00% SH l's Full Catalog of
81) Concentrators & Multiplexers Network Equipment
5.00% SH l's Full Catalog of
82) Hardware Firewalls Network Equipment
5.00% SH l's Full Catalog of
83) Intrusion Detection Network Equipment
5.00% SH l's Full Catalog of
84) KVM Network Equipment
5.00% SH l's Full Catalog of
85) Modems Network Equipment
6) Group 6 - Network 5.00% SH l's Full Catalog of
Equipment 86) Network Test Equipment Network Equipment
5.00% SH l's Full Catalog of
87) Network Adapters Network Equipment
5.00% SHl's Full Catalog of
88) Network Cables Network Equipment
5.00% SH l's Full Catalog of
89) Network Accessories Network Equipment
5.00% SH l's Full Catalog of
90) Repeaters & Transceivers Network Equipment
5.00% SH l's Full Catalog of
91) Wireless LAN Accessories Network Equipment
5.00% SHl's Full Catalog of
92) Token Authentication Network Equipment
5.00% SHl's Full Catalog of
93) l0G Fiber Optic Transceivers Network Equipment
5.00% SH l's Full Catalog of
94) lG Fiber Optic Transceivers Network Equipment
95) Licensing Packages 4.50% SH l's Full Catalog of
(e.g. Microsoft) Software
7) Group 7 - Software
4.50% SH l's Full Catalog of
96) Licensing Backup Software
4.50% SH l's Full Catalog of
97) Licensing Barcode/OC Softwar e
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4.50% SH l's Full Catalog of
98) Licensing Business Application Software
4.50% SH l's Full Catalog of
99) Licensing CAD/CAM Software
4.50% SH l's Full Catalog of
100) Licensing - Cloning Software
4.50% SH l's Full Catalog of
101) Licensing - Computer Services Software
4.50% SHl's Full Catalog of
102) Licensing - Database Software
4.50% SH l's Full Catalog of
103) Licensing - Development Software
4.50% SH l's Full Catalog of
104) Licensing - Entertainment Software
4.50% SH l's Full Catalog of
105) Licensing - Financial Software
4.50% SH l's Full Catalog of
106) Licensing - Flow Chart Software
4.50% SH l's Full Catalog of
107) Licensing - Graphic Design Software
4.50% SH l's Full Catalog of
108) Licensing - Handheld Software
4.50% SH l's Full Catalog of
109) Licensing - Network OS Software
4.50% SHl's Full Catalog of
110) Licensing - OS Software
111) Licensing - Personal 4.50% SH l's Full Catalog of
Organization Software
4.50% SHl's Full Catalog of
112) Licensing - Presentation Software
4.50% SH l's Full Catalog of
113) Licensing - Reference Software
4.50% SH l's Full Catalog of
114) Licensing - Report Analysis Software
4.50% SH l's Full Catalog of
115) Licensing - Spreadsheet Software
4.50% SH l's Full Catalog of
116) Licensing - Utilities Software
4.50% SH l's Full Catalog of
117) Licensing - Warranties Softw are
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4.50% SH l's Full Catalog of
118) Licensing - Web Development Software
4.50% SH l's Full Catalog of
' 119) Licensing - Word Processing Software
4.50% SH l's Full Catalog of
120) Software - Backup Software
4.50% SH l's Full Catalog of
121) Software - Barcode / OCR Software
122) Software - Business 4.50% SH l's Full Catalog of
Application Software
4.50% SH l's Full Catalog of
123) Software - CAD/CAM Software
4.50% SH l's Full Catalog of
124) Software - Cloning Software
4.50% SH l's Full Catalog of
125) Software - Computer Services Software
4.50% SH l's Full Catalog of
126) Software - Database Software
4.50% SH l's Full Catalog of
127) Software - Development Software
4.50% SH l's Full Catalog of
128) Software - Entertainment Software
4.50% SH l's Full Catalog of
129) Software - Financial Software
4.50% SH l's Full Catalog of
130) Software - Flow Chart Software
4.50% SH l's Full Catalog of
131) Software - Graphic Design Software
4.50% SH l's Full Catalog of
132) Software - Handheld Software
4.50% SH l's Full Catalog of
133) Software - OS Software
134) Software - Personal 4.50% SH l's Full Catalog of
Organization Software
4.50% SH l's Full Catalog of
135) Software - Presentation Software
4.50% SH l's Full Catalog of
136) Software - Reference Software
4.50% SH l's Full Catalog of
137) Software - Report Analysis Software
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4.50% SH l's Full Catalog of
138) Software - Spreadsheet Software
4.50% SH l's Full Catalog of
139) Software - Utilities Software
4.50% SH l's Full Catalog of
140) Software - Warranties Software
4.50% SHl's Full Catalog of
141) Software - Web Development Software
4.50% SH l's Full Catalog of
142) Software - Word Processing Software
4.00% SH l's Full Catalog of
143) Media - 4mm tape Media Supplies
4.00% SH l's Full Catalog of
144) Media -AIT tape Media Supplies
4.00% SH l's Full Catalog of
145) Media - DAT tape Media Supplies
4.00% SHl's Full Catalog of
146) Media- DLTtape Media Supplies
147) Media LTO / Ultrium tape 4.00% SH l's Full Catalog of drive Media Supplies
8) Group 8 - Media Supplies
4.00% SHl's Full Catalog of
148) Media - Magneto - Optical Media Supplies
4.00% SH l's Full Catalog of
149) Media - Optical Media Supplies
4.00% SHl's Full Catalog of
150) Media - SLR tape Media Supplies
4.00% SH l's Full Catalog of
151) Media - Travan tape Media Supplies
4.00% SHl's Full Catalog of
152) Media - VXA tape Media Supplies
4.00% SH l's Full Catalog of
153) Media - zip Media Supplies
4.00% SH l's Full Catalog of
Collaboration and IP
154) IP phones Telephony
Group 9 - Collaboration &
4.00% SH l's Full Catalog of
9) IP Telephony
Collaboration and IP
155) Video conferencing products Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
156) Voice gateways / servers Telephony
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4.00% SH l's Full Catalog of
Co llaboration and IP
15 7) Headsets Te lephony
4.00% SH l's Full Catalog of
Collaboration and IP
15 8) Audio conferencing products Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
lS9) Analog phones Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
160) Accessories Telephony
4.00% SH l's Full Catalog of
161) Advanced Integration Other
4.00% SH l's Full Catalog of
162) Asset Disposal Other
4.00% SH l's Full Catalog of
163) Asset Management Other
4.00% SH l's Full Catalog of
164) Cables Other
4.00% SH l's Full Catalog of
165) Cables - custom Other
4.00% SH l's Full Catalog of
166) Cables - printer Other
4.00% SH l's Full Catalog of
Other 167) Complex warrant ies
4.00% SH l's Full Catalog of 10) Group 10 - Other
168 ) Desktop Accessories Other
4.00% SH l's Full Catalog of
169 ) Display Accessories Othe r
4.00% SH l's Full Catalog of
170 ) Electronic Services Other
4.00% SHl's Full Catalog of
171 ) Handheld Accessories Other
4.00 % SHl's Full Catalog of
ll2) Imaging Accessories Other
4.0 0% SH l's Full Catalog of
173 ) Imaging _ Camcorders Other
4.0 0% SHl's Full Catalog of
174) Imaging _ Digital Cameras Other
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4.00% SHl's Full Catalog of
17 5) Internal Lab Service Ot her
4.00% SH l's Full Catalog of
17 6) Labfees 0 ther
4.00% SH l's Full Catalog of
177) Managed Services Other
4.00% SH l's Full Catalog of
178) Miscellaneous solutions Other
4.00% SH l's Full Catalog of 179) Mounting hardware for Other vehicles
4.00% SH l's Full Catalog of
180 ) Networking Warranties Other
4.00% SH l's Full Catalog of
181 ) Notebook Accessories Other
4.00% SH l's Full Catalog of
182 ) Notebook Batteries Other
4.00% SH l's Full Catalog of
183 ) PC Lab order services Other
4.00% SH l's Full Catalog of
184 ) POS Accessories Other
4.00% SH l's Full Catalog of
185) POS Displays Other
4.00% SH l's Full Catalog of
186) Power Accessories Other
4.00% SHl's Full Catalog of
187) Power Surge Protection Other
4.00% SH l's Full Catalog of
188) Power UPS Other
4.00% SH l's Full Catalog of
189) Server Accessories Other
4.00% SH l's Full Catalog of
l90) service Charge Other
4.00% SH l's Full Catalog of
191 ) System components Other
4.00% SH l's Full Catalog of
192) Training Courses Other
4.00 % SH l's Full Catalog of
193) Training Reference Manuals Other
4.0 0% SHl's Full Catalog of
194) Warranties - Electronic Other
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4.00% SH l's Full Catalog of
195) iPAD / Tablet Stylus Other
4.00% SH l's Full Catalog of
196) Mouse / Wrist Pads Other
4.00% SH l's Full Catalog of
197) Security Locks and Hardware Other
4.00% SHl's Full Catalog of
198) Tools Other
199) Document Scanner 4.00% SH l's Full Catalog of
Accessories Other
4.00% SHl's Full Catalog of
200) Flatbed Scanners Other
4.00% SH l's Full Catalog of
201) Mobile Scanners Other
4.00% SH l's Full Catalog of
202) Network Scanners Other
4.00% SH l's Full Catalog of
203) Sheet fed Scanners Other
4.00% SH l's Full Catalog of
204) Wide Format Scanners Other
205) Workgroup / Department 4.00% SH l's Full Catalog of Scanner Other
4.00% SH l's Full Catalog of
206) Build to Order Desktops Other
4.00% SH l's Full Catalog of
207) Nettop Other
4.00% SH l's Full Catalog of
208) Point of Sale Other
4.00% SH l's Full Catalog of
209) Ultra Small Form Factor Other
210) Apple/ Mac Memory 4.00% SH l's Full Catalog of
Upgrades Other
4.00% SHl's Full Catalog of
211) Chips/ SIMMs/SIPPs / ROMs Other
4.00% SH l's Full Catalog of
212) Computer Cases Other
4.00% SH l's Full Catalog of
213) CPUs/ Fans Other
4.00% SH l's Full Catalog of
214) Memory Accessories Other
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4.00% SH l's Full Catalog of
215) Motherboards/ Chassis Other
4.00% SH l's Full Catalog of
216) 1 - 2 port Serial Boards Other
4.00% SH l's Full Catalog of
217) 3+ port Serial Boards Other
4.00% SH l's Full Catalog of
218) Console Server Other
4.00% SH l's Full Catalog of
219) Device Server Other
4.00% SH l's Full Catalog of
220) Terminal Server Other
4.00% SH l's Full Catalog of
221) Content Management Other
4.00% SH l's Full Catalog of
222) Firewall/ VPN Appliances Other
223) Multifunction Security 4.00% SH l's Full Catalog of Appliances Other
4.00% SHl's Full Catalog of
224) Network Camera Accessories Other
4.00% SH l's Full Catalog of
225) Network Cameras Other
226) Physical/Environmental 4.00% SH l's Full Catalog of Security Other
227) Security Appliance 4.00% SH l's Full Catalog of
Accessories Other
4.00% SH l's Full Catalog of
228) Security Tokens Other
4.00% SH l's Full Catalog of
229) Unified Threat Management Other
4.00% SH l's Full Catalog of
230) 2-way Radios/ Walkie Talkies Other
4.00% SHl's Full Catalog of
231) Apple Notebooks Other
232) Convertible PCs/ Slate PCs/ 4.00% SH l's Full Catalog of iPAD Other
4.00% SH l's Full Catalog of
233) iPAD Other
4.00% SH l's Full Catalog of
234) Slate Tablet Computers Other
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4.00% SHl's Full Catalog of
235 ) GPS/ PDA Ot her
SH l's Full Catalog of 4.00% 23 6) Wireless Communication Other De vices
4.00% SHl's Full Catalog of
23 7) Batteries Other
4.00% SHl's Full Catalog of
23 8) Power Supplies/ Adapters Other
4.00% SHl's Full Catalog of
239) Rackmountain Equipment Other
4.00% SHl's Full Catalog of
240) Remote Power Management Other
4.00% SHl's Full Catalog of
241) Surge Suppressors Other
4.00% SHl's Full Catalog of
242) UPS/ Battery Backup Other
-4.00% SH l's Full Catalog of
243) 14" & smaller LCD Display Other
4.00% SH l's Full Catalog of
244) 15-19" LCD Display Other
4.00% SH l's Full Catalog of
245) 15-19" Wide LCD Display Other
4.00% SH l's Full Catalog of
246) 15-19" Wide LED Display Other
4.00% SH l's Full Catalog of
247) 20-30" LCD Display Other
4.00% SH l's Full Catalog of
248) 20-30" Wide LCD Display Other
4.00% SHl's Full Catalog of
249) 20-30" Wide LED Display Other
4.00% SH l's Full Catalog of
250) PColP and Zero Client Displays Other
4.00 % SH l's Full Catalog of
251) Arm Mounts Other
4.00 % SH l's Full Catalog of
252) Ceiling Mounts Other
4.0 0% SH l's Full Catalog of
253) Combo Mounts Other
4.0 0% SH l's Full Catalog of
254) Desktop Stands/ Risers Other
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4.00% SHl's Full Catalog of
255) Flat Wall Mounts Other
4.00% SH l's Full Catalog of
256) Mount Accessories Other
4.00% SH l's Full Catalog of
257) Pole Display Other
4.00% SH l's Full Catalog of
258) Stands/ Carts/ Feet Other
4.00% SH l's Full Catalog of
259) Tilt Wall Mounts Other
4.00% SH l's Full Catalog of
260) C-Cure Products Other
4.00% SH l's Full Catalog of
261) lstar Products Other
SERVICE STANDARD DISCOUNT FROM
HOURLY RATE STANDARD RATE
Design and Analysis $ 125.00 4%
Configuration $ 165.00 4%
Implementation $ 185.00 4%
11) Group 11 - Services Installation $ 185.00 4%
Training $ 99.00 4%
Maintenance & Support $ 99.00 4%
All other Current and Future Products not specifically identified here will be offered at a 4% discount off SHI Advertised List price . Please see description below for more information on SHl's discount model for this contract .
All discounts arti culate d here represent the minimum discounts off SHI Advertise d List Price; actua l discounts may be significantly higher .
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The comprehensive SHI offering for National IPA consists of all hardware, software, and services available to our customers in the public sector marketplace . The discount structure offered to National IPA is based on our Advertised Price List which can be located on www.shi.com. In many cases, SHI Advertised List Price already reflects a substantial discount off of Manufacturer Published List prices. Given the breadth of manufacturers and products that SHI offers, there will be many opportunities for SHI to secure additional discounts for eligible contract users. We work to provide your contract users with the most advantageous pricing available, above and beyond the minimum discounts offered, whenever possible.
SHI prides ourselves on being honest and transparent with our customers especially when it comes to pricing. We base our discount structure on SHI Advertised Price as this is a verifiable source. We do not inflate this Advertised Price for RFPs in order to make our discounts appear larger . Other vendors may use MSRP or Publisher List price, which can be unreliable as a pricelist may not exist for every product, a pricelist can change from day to day, and a pricelist can be inconsistent depending on where you source the information from . When a vendor manipulates contract language in this manner or uses a loose definition of cost, it results in an increase in profit for them and higher prices for customers.
SHI is willing to provide complete transparency over the life of the contract as it relates to our costs and what we charge National IPA customers.
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EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the other Party's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the other Party will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve either Party from any of its obligations and liabilities under the Agreement. Notwithstanding the foregoing, either Party may assign this Agreement and its rights, interests, liabilities and obligations thereunder to a successor pursuant to a merger, consolidation or sale of all or substantially all its assets following sixty (60) days written notice.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.
6. NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the Products or Services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or Product will be allowed unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.
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b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.
Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A. RS. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.RS. § 23-214(A) (hereinafter "Contractor Immigration Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty.
Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 2748 of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.RS. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.RS. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's Services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax,
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unemployment insurance taxes, and any other taxes or business license fees as required.
If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of Services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor's claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies . The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform Services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide Services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of Services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
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i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the Services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute Services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute Services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, indirect, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice.
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20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511 ). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those Services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the Products and Services provided and received Contractor's properly prepared final invoice.
Termination of this Agreement shall not affect the obligations of the City or Contractor under any existing Order issued under this Agreement, and such Order shall continue in effect as though this Agreement has not been terminated, and was still in effect with respect to such Order.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any Services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' , witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) misconduct by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification .
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or Services.
d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS
AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY
CONTRACTOR , THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT .
25. (RESERVED)
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and
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cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of Products or Services or any Products or Services at all under this Agreement and acknowledges and agrees that the Products or Services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for Products or Services which exceed its actual needs.
28. OWNERSHIP. All deliverables, Services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. Notwithstanding the foregoing, Contractor shall retain ownership rights to (1) all of its previously existing intellectual property, including any systems, derivatives, modifications and enhancements thereto, (2) confidential information of contractor, and (3) any tools or scripting applications used, developed or created by Contractor or its third-party licensors during the performance of this Agreement.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.RS. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these Services and such loss, injury, or destruction will not release Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the Products and Services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be
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calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute Products or Services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of Services. Payment will be negotiated and determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide Services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide Services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile.
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If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof .
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable.
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OFFICE OF THE CITY CLERK
COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m.
COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT
John Giles
David Luna
Mark Freeman
Christopher Glover
Francisco Heredia
Kevin Thompson
Jeremy Whittaker
None
Christopher Brady
Dee Ann Mickelsen
Jim Smith
Mayor’s Welcome.
Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life).
Pledge of Allegiance was led by Councilmember Thompson.
Awards, Recognitions and Announcements.
There were no awards, recognitions or announcements.
1. Take action on all consent agenda items.
All items listed with an aster isk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda.
It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved.
Carried unanimously.
*2. Approval of minutes from previous meetings as written.
Minutes from the January 8, 11, and 22, 2018 Council meetings.
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3. Take action on the following liquor license applications:
*3-a. It Ain’t Chemo
This is a one -day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1)
*3-b. AMC Superstition East 12
A multi- screen cinema i s requesting a new Series 6 Bar License for American Multi- Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22- 24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4)
*3-d. Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
*3-e. Village of Elgin Winery
This is a one- day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
4. Take action on the following off-track betting license application:
*4-a. Turf Paradise, TP Racing LLLP
New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant:
Vincent Acri Francia. (District 1)
5. Take action on the following contracts:
*5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide)
This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approx imately 65- 70 positions eligible to participate in this program.
The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage.
Item Title: 10.11
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*5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department.
The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage.
*5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide)
The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded -in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit.
The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital -General Fund and authorized 2013 Public Safety Bonds.
*5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide)
These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in- house and, at this time, contracting continues to be in the best financial interest of the City.
The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage.
*5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide)
This contract will establish a list of pre -qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis.
The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage.
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*5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project.
The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25.
*5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide)
This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high- end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering.
Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract.
A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police- Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage.
*5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide)
Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies.
The Business Services Department and Purchasing rec ommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage.
*5-i. Re-Award the Three- Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide)
This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements.
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The Police Department and Purchasing recommend re- awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage.
*5-j. Purchase of Falcon District Brand Signage as reques ted by the Economic Development Department. (Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202.
Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport.
The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax.
*5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide)
These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance.
The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax.
*5-l. One-Year Renewal to the Term Contract for Radio- Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide)
This contract provides Itron radio -based endpoint encoders and acces sories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually.
The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage.
*5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide)
This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant.
The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage.
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*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide)
This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for tempora ry construction water service and dust control purposes.
The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide)
The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands.
Staff recommends awarding the contrac t for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds.
*5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced.
Staff recommends awarding the contract for this pr oject to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4)
To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made.
The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa wil l participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible Item Title: 10.11
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for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians.
This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time.
Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transporta tion (Federal) Grant under the Railway-Highway Grade Crossing.
6. Take action on the following resolutions:
*6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089.
*6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090.
*6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN -Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091.
*6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092.
*6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093.
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7. Introduction of the following ordinance and setting February 26, 2018 as the dat e of the public hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).
Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).
Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
8. Discuss, receive public comment, and take action on the following ordinances:
*8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).
Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).
Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI -AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx -Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request w ill allow the development of a new multiple- residence building in an existing multiple- residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
9. Take action on the following subdivision plat:
*9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and t he 900 to 1200 blocks of South Los Alamos (west side). Located east of Item Title: 10.11
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Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres).
KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer.
Items not on the Consent Agenda
10. Items from citizens present.
There were no items from citizens present.
11. Adjournment.
Without objection, the Regular Council Meeting adjourned at 5:57 p.m.
ATTEST:
DEE ANN MICKELSEN, CITY CLERK
~
~AYOR
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of February, 2018. I further certify that the meeting was duly called and held and that a quorum was present.
DEE ANN MICKELSEN, CITY CLERK
js
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CITY OF MENIFEE
SUBJECT: Monthly Public Safety Reports
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and file
DISCUSSION
On September 15, 2021, the City Council adopted Resolution No. 21-1062, formalizing public safety reporting. This Report includes October 2023 statistical reporting for the Menifee Police Department, Code Enforcement, and CAL FIRE / Riverside County Fire Department.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Menifee Police Department Monthly Report - October 2023
2. Code Enforcement Monthly Report - October 2023
3. CAL FIRE/Riverside County Fire Department Monthly Report – October 2023 Item Title: 10.12
Monthly Public Safety Reports
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November 7. 2023 Alarm CFS — 272 total, 1 True Alarm - Totals will change - Group A — October 2023
T/Cs - October 2023
Type Total
Complaint of Pain 4
Fatal 0
Other Visible Injury 5
Property Damage Only 16
Total 28
Severe Injury 3
Person 63
Assault - Aggravated 23
Assault - Intimidation 4
Assault - Simple 31
Fondling 2
Kidnapping / Abduction 2
Rape 1
Property 98
Burglary - Breaking & Entering 5
Counterfeiting / Forgery 1
Credit Card / ATM 1
Extortion / Blackmail 1
False Pretenses / Swindle 2
Identity Theft 3
Impersonation 2
Larceny Theft - Other 9
Motor Vehicle Theft 20
Pocket-picking 1
Robbery 1
Shoplifting 11
Stolen Property 4
Theft from Building 6
Theft from Vehicle 13
Theft of Vehicle Parts or Accessories 7
Vandalism 11
Society 72
Drug / Narcotic Violations 30
Drug Equipment Violations 18
Weapon Violation 24
Grand Total 233
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Monthly Public Safety Reports
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CODE ENFORCEMENT PUBLIC SAFETY REPORT- OCT 2023
PUBLIC
NUISANCE
26%
ZONING
VIOLATION
7%
HAZARDOUS
CONDITION
6%
ILLEGAL
DUMPING
2%ILLEGAL
VENDORS
9%
PROPERTY
MAINTENANCE
32%
GRAFFITI
10%
BUILDING
CODE
VIOLATION
8%
CODE ENFORCEMENT
CASELOADS
PUBLIC NUISANCE
ZONING VIOLATION
HAZARDOUS CONDITION
ILLEGAL DUMPING
ILLEGAL VENDORS
PROPERTY MAINTENANCE
GRAFFITI
BUILDING CODE VIOLATION
ACTION DETAIL STATS Feb
23 Mar
23 Apr
23 May
23 Jun
23 Jul
23 Aug
23 Sep
23 Oct
23 Current Open Cases 288 283 293 312 384 587 536 540 497 New Complaints
Received
42 84 108 92 110 71 96 111 102
New Cases 61 70 113 169 163 365 331 78 72
Follow-Up Inspections 107 152 137 139 148 71 154 109 111 Closed Cases 43 116 96 89 95 77 94 52 93
Notices of Violation
Issued
63 94 71 79 99 38 53 66 55
Admin Citations
Issued
34 33 30 27 42 231 65 31 20
Proactive Enforcement
Cases
32 38 9 20 33 3 9 3 13
CODE ENFORCEMENT
TOPICS OPENED
Feb
23 Mar
23 Apr
23 May
23 Jun
23 Jul
23 Aug
23 Sep
23 Oct
23 Building Code
Violation
4 7 4 3 9 1 3 7 9
Dangerous Building 0 0 0 1 0 0 0 0 0
Hazardous Condition 0 1 2 2 4 0 3 0 5
Illegal Dumping 2 3 6 3 1 2 4 3 2
Illegal Signs Removed 181 98 163 64 94 80 19 102 100 Property Maintenance 16 40 46 41 47 29 24 37 28
Public Nuisance 37 41 23 22 54 38 29 22 23
Vehicle Abatement 0 0 2 0 5 0 1 4 6
Vendor Enforcement 18 6 9 9 3 1 6 1 8
Weed Abatement 0 0 0 0 16 229 12 0 0
Zoning Violations 5 8 4 3 5 0 4 4 6
Public Works Referrals 0 0 0 0 0 0 0 0 0
Marijuana Cultivation 1 1 0 0 1 1 0 0 0
Graffiti 4 3 4 2 1 2 1 2 9
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Riverside County Fire Department/ CAL FIRE
Jurisdiction Summary for City of Menifee Bill
Weiser
Fire Chief
10/1/2023 to 10/31/2023
Incident Response Activity Average Enroute to On-Scene Time *Units Responding Charlie, Delta, Bravo, Echo, Code 3
<5 Minutes +5 Minutes
569 220
+10 Minutes +20 Minutes
15 2
Average Min % 0 to 5 Min
4.46 70.51
Enroute Time: Unit has been acknowledged as responding.
On-Scene Time: Unit has been acknowledged as being On-Scene. *At least 1 Resource Dispatched
Incident Type #
1 False Alarm 61
Haz Mat 1
Medical 933
Multi-Fam Dwelling Fire 1
Other Fire 7
Other Misc 4
Public Service Assist 79
Rescue 3
Ringing Alarm 5
Standby 13
Traffic Collision 34
Vehicle Fire 2
Wildland Fire 2
Incident Total 1,146
Auto Aid
*Unit responses for Canyon Lake and Murrieta Only
Auto Aid Given
City of Canyon Lake 2
Auto Aid Received
City of Canyon Lake 3
Station Responses
*Incident Count by
Incident PRA Station for City of Menifee
05 Quail Valley 98
07 Sun City 649
68 Menifee 145
76 Menifee Lakes 327
Jurisdiction Report
*Incident Count for Station PRA with Station Responsibility for City of Menifee
Assistance Given
City Of Lake Elsinore 4
City Of Perris 49
City Of Wildomar 27
Riverside County 33
Total: 113
Assistance Received
City Of Lake Elsinore 1
City Of Perris 11
Riverside County 33
Total: 45
Apparatus Responses
*Unit count for City of Menifee Apparatus
05 Quail Valley Engine 126
07 Sun City Engine 295
07 Sun City Patrol 156
07 Sun City Squad 120
07 Sun City Squad 275
68 Menifee Engine 178
76 Menifee Lakes Engine 307
76 Menifee Lakes Squad 1
76 Menifee Lakes Truck/Quint 189
Item Title: 10.12
Monthly Public Safety Reports
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
307 of 1682
11/1/2023 1:40:44PM Page 2 of 2
Office of the Fire Marshal
Total # of Plan Reviews Completed:
Plan Review Turnaround Time:
Inspections Conducted:
Inspection Turnaround Time:
114
17 days
361
2 days
23CARRU153894
10/17/2023
8:30:00AM
23CARRU159472
10/27/2023
3:01:00PM
CAL FIRE / Riverside County Fire units responded to an inaccessible rescue to a person in critical distress at the location given. Menifee Lakes Engine 76 was the first arriving unit and coordinated the remote area rescue of an adult male unconscious and not breathing. Menifee Lakes Truck 76 made access to the patient and began CPR and advanced life saving measures.
The patient regained pulses and breathing on scene and was hoisted to a landing zone using STAR 9 helicopter. The patient was transported by ground ambulance to the hospital in critical distress.
Cal Fire / RCOFD responded to a reported water leak at the above address. The water leak originated in restroom/toilet of suite#309. The leak caused damage to suite#200 and suite# 100.
The property management company was notified and responded to the incident. The management company contacted a restoration company to address the damage caused. During t h e investigation, a door was damaged in suite#309 due to the fact they did not have a key for their suite in the KNOX box key ring. The occupant was inside the suite at the time but did not hear the fire department call out.
Community Engagement
School and Education Event Programs and Station Tours:
10/4 station 76 units participated in the National Walk to School Day at Calle Kirkpatrick elementary. 10/5 multiple units participated in a career day at Santa Rosa Academy. 10/12 Engine 68 participated in a school event at Nere Wee Grow Pre School. 10/12 Engine 7 participated in Sun Meadows mobile home parks chili cook off. 10/14 station 76 units participated in a kid’s workshop at Lowes and conducted a station tour. 10/18 Engine 68 attended a chili cook off at the Farm community. 10/18 units from station 76, station 7 and Battalion 13 participated in the Fall festival. 10/25 Engine 68 participated in Santa Rosa Academy’s trunk or treat. 10/27 units from station 76 attended first responder day at Chester Morrison Elementary School. 10/28 station 76 units participated in Menifee Union School Districts Resource Fair.
Menifee Life Savers
o Certificates issued:
▪ CPR/AED:29
▪ First Aid: 21
▪ BLS Provider:2
▪ Stop the Bleed:6
o # of Classes held: 11
o Total number of “Menifee LifeSavers” trained: 25
o Vial of Life Disturbed: 71
o Public access AED Applications approved: 2
Significant Incidents
Item Title: 10.12
Monthly Public Safety Reports
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
308 of 1682
CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager, or designee, to execute a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and Post-Release Accountability and Compliance Team (PACT) for Public Safety Realignment.
DISCUSSION
The implementation of the Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by County Probation Departments including the Riverside County Probation Department. On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County voted unanimously to support a county-wide law enforcement component.
Police Chiefs within Riverside County, the Riverside County Sheriff’s Department, the Riverside County District Attorney and the Riverside County Probation Department have built the infrastructure to support the increased need for oversight and accountability. PACT is a countywide multi-jurisdictional team composed of the Riverside County Probation Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney’s Office, and the Riverside County Sheriff’s Department which represents all of the contract cities within the County.
For Fiscal Year (FY) 2020/2021 the CCPEC approved funding for the Menifee Police Department to be on the PACT team. The City Council signed a MOU in December of 2020 and one officer was assigned to the team. The primary mission of the PACT is to work with probation to focus on Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
309 of 1682
City of Menifee Staff Report
PACT MOU FY23/24
December 6, 2023
1 9
2 3
high-risk and at large realignment offenders that pose the most risk to the public. PACT is dedicated to identifying and investigating non-compliant realignment offenders, locating and apprehending at-large and high-risk realignment offenders, and performing compliance sweeps.
The support of PACT allows the Riverside County Probation Department more time and resources to focus on case management and compliance checks.
The City of Menifee currently has 26 individuals on Post-Release Community Supervision (PRCS), 13 individuals on mandatory supervision and 151 individuals on formal probation. It is imperative to public safety that these individuals are adequately supervised and stay within the terms of their release from incarceration. Many of the individuals assigned to PRCS are high risk offenders and have a high likelihood of reoffending. By maintaining a member on the PACT team, the Menifee Police Department has access to additional resources to help accomplish its primary mission of public safety and reduced criminal activity. In addition to those individuals on PRCS within the City, there are hundreds of individuals on PRCS throughout the County of Riverside. It is a well-known fact that criminal behavior does not know jurisdictional boundaries. Although there will be a focus of those on PRCS in Menifee, the PACT team’s county-wide enforcement directly and indirectly benefits all members’ jurisdictions.
The PACT has been funded since its inception in 2011. The approved total funding can fluctuate from year to year, but if funding was ever reduced, adjustments have been made to ensure there is no negative impact to participating agencies general fund. If the funding were to be eliminated the PACT officer would be absorbed into approved staffing numbers through attrition.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The funding for this position is already included in the FY 2023/2024 Budget and there is no additional appropriation needed. Additionally, the City could be reimbursed up to $216,500 from the County of Riverside as approved by the CCPEC. This funding may include the full-time Police Officer’s base salary, incentive pays, specialty assignment pays, personal leave, and overtime pay.
The step six fully burdened rate for a full time Police Officer assigned to PACT and classified as a detective is approximately $192,984.
ATTACHMENTS
1. FY 2023/2024 PACT MOU
2. FY 2023/2024 Signature Page
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
310 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND PARTICIPATING
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM (PACT)
LOCAL LAW ENFORCEMENT AGENCIES FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
FY 2023-2024
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
311 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 2
TABLE OF CONTENTS
1.0 Background .................................................................................................................... 3
2.0 Parties and Purpose ....................................................................................................... 3
3.0 Probation Officer Role ................................................................................................... 4
4.0 Term ............................................................................................................................... 4
5.0 Amendment or Termination of MOU .......................................................................... 4
6.0 Audits ............................................................................................................................. 5
7.0 Records Retention ........................................................................................................ 5
8.0 Financial Reports ........................................................................................................... 6
9.0 Confidentiality ............................................................................................................... 6
10.0 Hold Harmless and Indemnification.............................................................................. 6
11.0 Assignment ..................................................................................................................... 6
12.0 License and Certifications .............................................................................................. 7
13.0 Compliance, Governing Law and Severability .............................................................. 7
14.0 Compensation ................................................................................................................ 7
14.1 Maximum Amount .............................................................................................. 7
14.2 Method, Time and Schedule/Condition of Payments ......................................... 7
14.3 Use of Funds ......................................................................................................... 8
14.4 Disallowance ........................................................................................................ 9
14.5 Availability of Funding.......................................................................................... 9
15.0 Notices ............................................................................................................................ 9
16.0 Merger Clause .............................................................................................................. 10
17.0 Electronic Signatures ................................................................................................... 10 SIGNATURE PAGES ................................................................................................................. 11 Exhibit A: Quarterly Financial Summary Report Template .................................................. 24 Exhibit B: PACT Invoice Template .......................................................................................... 25 Exhibit C: Distribution of Annual PACT Allocation by City .................................................... 26 Exhibit D: PACT Frequently Asked Questions ....................................................................... 27 Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .......... 30 Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
312 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 3
1.0 BACKGROUND
The Public Safety Realignment Act of 2011 (Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department (hereinafter Probation) . On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County (County) voted unanimously for the need of a county -wide law enforcement component.
The eleven (11) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to suppor t this type of critical enforcement. The Post-release Accountability and Compliance Team (hereinafter PACT) is a county -wide, multi-jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff’s Department representing the seventeen Sheriff’s contract cities within the County.
The primary mission of PACT is to work with Probation to focus on “high-risk” and “at-large” realignment offenders that pose the most risk to public safety. PACT is dedicated to:
• Identifying and investigating “non-compliant” realignment offenders, • Locating and apprehending “at-large” and “high-risk” realignment offenders, and • Performing probation compliance sweeps.
Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators , and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management , addressing treatment needs, and ensuring compliance with Court-ordered conditions.
2.0 PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Blythe Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
313 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 4
Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Riverside Police Department , Riverside County Sheriff’s Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT.
The police chief of the Murrieta Police Department is the voting member of the CCPEC and represents the PACT local law enforcement agencies participating in this MOU , including for receipt of notices under section 15.
The parties agree to the terms and conditions of this MOU , which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU.
3.0 PROBATION OFFICER ROLE:
Probation Officers are peace officers under Penal Code section 830.5 whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment, as follows:
1) To conditions of parole, probation, mandatory supervision, or pos t-release community supervision by any person in this state on parole, probation, mandatory supervision, or post-release community supervision.
2) To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post-release community supervision.
4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. 5) To the rendering of mutual aid to any other law enforcement agency.
4.0 TERM
This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective designees. The term of this MOU shall commence on July 1, 2023, and effective through June 30, 2024. Thereafter this MOU will automatically renew, annually, for each fiscal year from July 1 st to June 30 th and shall remain in effect until June 30, 2028, unless terminated or modified as defined in section 5.0 of this MOU.
5.0 AMENDMENT OR TERMINATION OF MOU
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
314 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 5
This MOU may be amended at any time with the written concurrence of all parties. This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No add ition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made in the form of a written amendment to this MOU formally approved and exe cuted by both Probation and each participating PACT agency. Consideration for amendment will be given upon written notification by one party to the other s. The parties will review this MOU at least annually and modify as needed.
Any participating PACT agency can withdraw participation in this MOU with or without cause upon thirty (30) days written notification to the other parties . Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies.
This MOU can be terminated with or without cause by any party upon thirty (30) days written notification to the other parties or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the writte n notice of termination or upon effective date of funding expiration.
6.0 AUDITS
The parties agree that any duly authorized representative of the Federal, State , or local government shall have the right to audit, inspect, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized re presentative of the Federal, State, or local government shall be the responsibility of the participating PACT agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT agencies under this MOU or any PACT agreement with Probation.
7.0 RECORDS RETENTION
Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
315 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 6
8.0 FINANCIAL REPORTS
Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods:
Quarter Reporting Period
1 July 1 – September 30
2 July 1 – December 31
3 July 1 – March 31
4 July 1 – June 30
The CCPEC-approved template for financial report submission is attached hereto and incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probation. Due dates for quarterly financial reports are established annually by the CCPEC.
9.0 CONFIDENTIALITY
All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations.
10.0 HOLD HARMLESS AND INDEMNIFICATION
Each participating agency agrees to indemnify and hold the other participating agencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or resulting from n egligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, any participating agency, or its agents , are held liable for deaths or injuries to persons or property, each party’s liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions of each participating agency. In the event of liability imposed upon any of the participating agencies for death, injury , and/or damage which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU.
11.0 ASSIGNMENT
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
316 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 7
This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect.
12.0 LICENSE AND CERTIFICATIONS
When applicable, a ll parties verify upon execution of this MOU, that all work performed pursuant to this MOU will be performed by properly trained and licensed/certified staff who possess current and valid license/certifications in compliance with any local, State, and Federal laws.
13.0 COMPLIANCE, GOVERNING LAW, AND SEVERABILITY
The parties shall comply with all applicable Federal, State, and local laws and regulations .
In the event there is a conflict between the various applicable laws and regulations, the parties shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be filed only in the Superior Court for the State of California in Riverside, California. All parties shall be obligated to attend a mediation session before a neutral third-party mediator prior to the filing of any legal action.
If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
14.0 COMPENSATION
14.1 Maximum Amount:
The maximum allowable costs under this MOU shall not exceed the approved CCPEC for each annual fiscal year’s budget. Annual allocations assigned to each PACT agency are detailed in the annual budget proposal Exhibit C , attached hereto, and incorporated herein. It is agreed that a revised budget will be submitted to the CCPEC for approval each FISCAL year.
14.2 Method, Time and Schedule/Condition of Payments:
Within thirty (30) days of the end of each month in which services were rendered, each participating PACT agency will prepare and submit to Probation ’s Accounts Payable, via email [email protected], a reimbursement claim/journal entry for Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
317 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 8
services and expenditures performed and in curred during the month. Using the invoice template, attached hereto and incorporated herein as Exhibit B, c laim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable.
Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor-Controller’s office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the Riverside County Board of Supervisors. Upon approval by both governing bodies, held invoices will be released to the Auditor -Controller’s office for processing.
Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day.
If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse participating PACT agencies for services provided in accordance with the terms and conditions contained herein.
Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, attached hereto and incorporated herein as Exhibit D.
14.3 Use of Funds:
PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. The parties shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. The parties agree not to use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, attached hereto and incorporated herein as Exhibi t E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
318 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 9
14.4 Disallowance:
In the event a party receives payment for services pursuant to this MOU which is later disallowed for nonconformance with the terms and conditions herein by Prob ation, the party shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to the party under any PACT agreement with Probation.
14.5 Availability of Funding:
Probation’s obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made.
15.0 NOTICES
All notices, claims, correspondence, reports, and/or statements au thorized or required by this MOU shall be addressed for each location as follows:
Riverside County Probation Department
Probation Administration
Administrative Services Manager III – Fiscal Services Division P.O. Box 833
Riverside, CA 92502
(951) 955-2983
Post-release Accountability and Compliance Team
Tony Conrad, Chief of Police
Murrieta Police Department
2 Town Square
Murrieta, CA 92562
(951) 461-6358
[email protected]
All notices shall be deemed effective when they are made in writing, addressed as indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
319 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 10
16.0. MERGER CLAUSE
This MOU, including any attachments or exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing , including the FY22-23 MOU.
17.0. ELECTRONIC SIGNATURES
Each party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this MOU. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an ele ctronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
320 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 11
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Mallory Crecelius, City Manager Date
City of Blythe
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
321 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 12
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Christopher H. Wright, Chief Probation Officer Date
Riverside County Probation Department
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY: ___________________________
Lisa Sanchez
Deputy County Counsel
DATE: _________________________
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 14
Menifee Mayor and City Council
December 6, 2023
Page
322 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 13
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
________________________________ ________________________ Doug Schulze, City Manager Date
City of Banning
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 15
Menifee Mayor and City Council
December 6, 2023
Page
323 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 14
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Sean Thuilliez, Chief of Police Date
Beaumont Police Department
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 16
Menifee Mayor and City Council
December 6, 2023
Page
324 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 15
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Charles P. McClendon, City Manager Date
Cathedral City
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 17
Menifee Mayor and City Council
December 6, 2023
Page
325 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 16
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Robert Newman, Chief of Police Date
Corona Police Department
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 18
Menifee Mayor and City Council
December 6, 2023
Page
326 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 17
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Doria Wilms, City Manager Date
City of Desert Hot Springs
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 19
Menifee Mayor and City Council
December 6, 2023
Page
327 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 18
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Eddie Pust, Chief of Police Date
Hemet Police Department
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 20
Menifee Mayor and City Council
December 6, 2023
Page
328 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 19
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Bryan Montgomery, City Manager Date
City of Indio
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 21
Menifee Mayor and City Council
December 6, 2023
Page
329 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 20
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Armando G. Villa, City Manager Date
City of Menifee
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 22
Menifee Mayor and City Council
December 6, 2023
Page
330 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 21
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Kim Summers, City Manager Date
City of Murrieta
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 23
Menifee Mayor and City Council
December 6, 2023
Page
331 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 22
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Al Zelinka, City Manager Date
City of Riverside
ATTEST:
_____________________________________
Donesia Gause, City Clerk
APPROVED AS TO FORM
BY:___________________________
Rahman N. Gerren
Deputy City Attorney
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 24
Menifee Mayor and City Council
December 6, 2023
Page
332 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 23
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
_____________________________________ __________________ Chad Bianco Date
Riverside County Sheriff-Coroner
(Coachella, Lake Elsinore and San Jacinto Stations)
APPROVED AS TO FORM
Minh C. Tran
County Counsel
BY: ___________________________
Amrit P. Dhillon
Deputy County Counsel
DATE: _________________________
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 25
Menifee Mayor and City Council
December 6, 2023
Page
333 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 24
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 26
Menifee Mayor and City Council
December 6, 2023
Page
334 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 25
EXHIBIT B
PACT INVOICE TEMPLATE
INVOICE:
DATE:
DUE DATE:
Bill to:
RIVERSIDE COUNTY PROBATION DEPARTMENT
FISCAL UNIT ADMIN SVC MGR
PO BOX 833
RIVERSIDE, CA 92502
PACT (Month) Invoice
Total Price
PACT Reimbursement for (Month) Services
1)
2)
Total Due -$
Please remit payment to:
(Provide city information)
(City Logo/ Letterhead)
Supplies (receipts attached)
Description: Invoice Type:
Title DateSignature
I, the undersigned, hereby certify the above claim submitted for reimburesement are true and correct Realignment expenditures in accordance with the Memorandum of Understanding (MOU) between the Riverside County Probation Department and the Post-release Accountability and Compliance Team (PACT).
Description
Salaries and Benefits (Period: MM/DD/YR-MM/DD/YR)
Documentation with invoice includes copies of timesheets for billing period and verification of salary and benefits rates charged. Please note, for confidentiality purpose, original timesheets and any further verification of employees compensation will be on file with the City of (City Name), Human Resources Department and available to an authorized auditing official for review. ____________________________
(City Name)
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 27
Menifee Mayor and City Council
December 6, 2023
Page
335 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 26
EXHIBIT C
DISTRIBUTION OF ANNUAL PACT ALLOCATION BY CITY FY23-24
EAST ALLOCATION O&M
City of Cathedral City (Sergeant) $297,000.00* $100,000.00 City of Cathedral City $238,150.00
City of Coachella $238,150.00
City of Desert Hot Springs $238,150.00
City of Indio $238,150.00
City of Blythe $238,150.00
WEST
City of Corona $238,150.00
City of Corona (Corporal) $261,800.00
City of Riverside (Sergeant) $297,000.00 $100,000.00
CENTRAL
City of Banning $238,150.00
City of Beaumont $238,150.00
City of Hemet (Sergeant) $297,000.00 $100,000.00
City of Lake Elsinore $238,150.00
City of Menifee $238,150.00
City of Murrieta $238,150.00
City of San Jacinto $238,150.00
Total Annual Pact Allocation FY23/24 $4,010,600.00 $300,000.00 Combined Total $4,310,600.00
• PACT agencies with sergeants assigned to the teams receive $297,000 each. PACT agencies without sergeants assigned to the teams receive $238,150, and corporal receives $261,800 as dictated by the approved ARCCOPS memorandum (Exhibit E) revised FY 23/24. • Host PACT agencies to receive $100,000 in FY 23/24 to offset Operation and Maintenance costs.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 28
Menifee Mayor and City Council
December 6, 2023
Page
336 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 27
Exhibit D
Frequently Asked Questions
1. Year End:
a. What is a year-end estimate claim and what needs to be included? i. A year -end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures incurred during the month of June and have a r ecord that the final submittal is pending.
ii. If funds are not encumbered to cover final year -end claims and a claim is submitted, the reimbursement may be charged against the PACT agency’s allocation for the next fiscal year.
iii. To submit a year-end estimate claim form:
1. Use the Invoice Template (Exhibit B) provided,
2. In the location on the form for listing the month/year of the claim, please mark as the June Estimate,
3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June;
4. Attach any advance approvals for services/supply/equipment purchases, and
5. Submit estimate to Probation no later than June 20 of each year. b. What if the claim for actual year -end expenditures is not su bmitted before the County’s year-end submission deadline?
i. If the claim for actual year -end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided.
ii. When the claim is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference will be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation.
c. What documentation is needed to include major purchases in the year -end estimate?
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 29
Menifee Mayor and City Council
December 6, 2023
Page
337 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 28
i. To include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles.
ii. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy of the documents used by the City to encumber fund s in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency. d. What if the estimate is overstated?
i. If any unused funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment.
2. Staff Substitution for Another PACT Agency
a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages?
i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage.
ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to Probation . The claim should include back -up documentation reflecting invoices and payment to the substituting Police Department for staff services rendered. Any back -up documentation provided by the substituting Police Department (such as timesheets) should be included in the monthly claim.
iii. PACT Agencies cannot bill against another PACT Agency’s allocation.
3. Mileage Claims
a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim.
b. What if a vehicle is 100% PACT?
i. Fuel reimbursement statements reflecting the vehicle’s mileage use over the course of the fiscal year is sufficient back -up for mileage reimbursement.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 30
Menifee Mayor and City Council
December 6, 2023
Page
338 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 29
4. Staff Time
a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid.
ii. Detailed tracking of when the time is earned and when it is paid will need to be provided as back-up to the claim. The tracking is necessary to ensure no duplication of payment is requested (i.e. reimbursement for compensation time on one pay period and on the next pay period requesting reimbursement for time -off using those same backed compensation time hours). A tracking sheet can be provided upon request. iii. PACT Agencies that allow their officers to ‘sell back’ their compensation time at the end of the year can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up. b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up?
i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter-approved their timesheets.
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 31
Menifee Mayor and City Council
December 6, 2023
Page
339 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 30
Exhibit E
Funding & Reimbursement Policy and Guidelines for Regional PAC Teams
FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES
FOR REGIONAL P.A.C. TEAMS
Rev. 5/2023
I. PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams.
II. ORGANIZATION: Each regional PAC Team will establish a governing board, including on command- level representative from each participating agency.
A. The regional governing board will provide operational and financial support and oversight to the regional team.
B. The regional board may also determine w hen a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS).
III. MEMBERSHIP: PAC Team membership is open to all law enforcement agencies who are members of ARCCOPS. The voting membership of ARCCOPS shall dete rmine which agencies will receive funding.
A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership.
1. ARCCOPS will determine agency participation and reimbursement as requested based on available funding and regional needs.
IV. FUNDING & REIMBURSEMENT: Funding for PACT personal is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB - 109 mitigation grant (Cal Chief’s).
A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team.
B. Reimbursement will be limited to the following:
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 32
Menifee Mayor and City Council
December 6, 2023
Page
340 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 31
1. Actual cost of all salary, benefits, paid leave and overtime paid to agency employees for work while assigned and working for a PAC Team.
2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for travel to, from and during PAC Team activities.
3. Equipment as needed for each PACT Officer, Deputy, and/or PAC Team.
C. Total reimbursement shall not exceed $ 238,150 per fiscal year for each police officer or detective assigned; $261,800 per fiscal year for corporal assigned; and $297,000 per fiscal year for each sergeant assigned to supervise a PAC Team.
D. Participating agencies shall submit detailed expenditure claims on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona).
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 33
Menifee Mayor and City Council
December 6, 2023
Page
341 of 1682
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Page | 20
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been execut ed by and on behalf of Riverside County Probation Department and the participating Post -release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
__________________
Date
_____________________________________
Rebekah Kramer, Acting City Manager
City of Menifee
Item Title: 10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024
Item Page Number: 34
Menifee Mayor and City Council
December 6, 2023
Page
342 of 1682
CITY OF MENIFEE
SUBJECT: Fiscal Year 2023/2024 Police Department Fleet Vehicle Purchases
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the purchase of five vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group in a not-to-exceed amount of $416,904.10, including tax and delivery, from Account No. 100-4911-53155 (Capital Outlays), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 091521-NAF; and
2. Approve and authorize an increase to Purchase Order No. 04759 for three vehicles previously approved in Fiscal Year 2022/23, from the State of California Contract Vendor Wondries/National Auto Fleet Group in a not-to-exceed amount of $18,716.13, including tax and delivery, from Account No. 100-4911-53155 (Capital Outlays), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section
3.12.070 (6) with Sourcewell Contract No. 091521-NAF; and
3. Approve and authorize the purchase of eight L3/Harris XL-200 Mobile Radios from Cazcom, Inc. in a not-to-exceed amount of $57,680.68, including tax and delivery, from Account No. 100-4911-53155 (Capital Outlays), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with NASPO and HGAC Contracts; and
4. Approve and authorize the purchase of eight Getac V110 G7 from GHA Technologies, Inc. in a not-to-exceed amount of $38,214.20, including tax and delivery, from Account No. 100- 4911-53155 (Capital Outlays), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with NCPA Contract No. 01-96; and
Item Title: 10.14
Fiscal Year 2023/2024 Police Department Fleet Vehicle Purchases Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
343 of 1682
City of Menifee Staff Report
FY23/24 Fleet Purchases
December 6, 2023