Agenda packet, second session — Menifee City Council, January 17, 2024 (part 2 of 5)

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The Menifee proposed project identified for funding is the Walk with Ease Program (“Program”) which is a multi-component, low-impact six-week walking program that teaches people how to incorporate physical activity safely and comfortably into their everyday lifestyle. The Program targets those with arthritis or other chronic diseases interested in a walking program and would take place for approximately six weeks, three times per week for one hour. Program outreach, recruitment, and registration would be conducted by staff at the Kay Ceniseros Senior Center.

The City of Menifee is home to a large senior population that would greatly benefit from access to low to no-cost recreation and fitness programs. Programs like Walk with Ease align with the City’s commitment to continue to offer low impact/low intensity fitness and health-related resources and workshops for adults 55 and over.

While the grant terms do not require a contribution match from the City, the program is required to be adopted under a joint Memorandum of Understanding (“MOU”). The basic terms of the MOU outline requirements for project meetings, technical calls, implementation of the Walk with Ease Program, quarterly evaluations and focus groups to improve the Program, and NRPA site visit.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The Finance Department will increase the budgeted revenue in Account No. 301-3888 Grant Revenue and appropriate those funds to Account No. 301-4662-58206 Grant Expense- Recoverable. No match by the City is required.

ATTACHMENTS

1. NRPA Memorandum of Understanding

2. Grant Application

3. Grant Summary Report

4. Budget Adjustment Resolution – SHAPR Grant

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MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MOU), entered into as of the date of the last signature affixed hereto (Effective Date), is made between National Recreation and Park Association, Incorporated (UEI #:

P3MFNAKCQZJ6), a New York not-for-profit corporation and Section 501(c)(3) organization located at 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (“NRPA” or “Grantor”) and the City of Menifee, a California municipal corporation with a mailing address of 29844 Haun Rd, Menifee, CA 92586 (“Grantee”).

1. Purpose
The purpose of this MOU is to confirm approval of the terms governing the acceptance and use of Three Thousand Dollars ($3,000) (Grant Funds) made available to Grantee for the implementation of the project selected for grant funding (“Project”): Supporting Healthy Aging through Parks and Recreation 3.0. Grantee will also receive two (2) instructor trainings and related supporting program materials for the Walk With Ease program.

This grant opportunity is made possible through the support of the U.S. Centers for Disease Control and Prevention (CDC), supported by the Funding Opportunity Announcement (FOA) Number: DP21-2106 and Award No. 5 NU58DP006985-03-00 in the amount of $460,003.00, dated June 27, 2023 and signed by Ms. Pamela Render, Grants Management Officer. NRPA is managing the administration of the grant program (Program).

Grants made through this Program are intended to support the implementation of arthritis-appropriate evidence- based interventions (AAEBIs) (i.e., Active Living Every Day, Enhance Fitness®, Fit & Strong!, Walk With Ease, or Tai Chi for Arthritis) through local parks and recreation.

Having been selected as a recipient of Grant Funds through this Program, Grantee is required to accept the terms contained within this MOU in order to receive the Grant Funds and participate in this Project.

2. Project Funding
A. Within thirty (30) days upon execution of this MOU and receipt of the proposed project budget and organization ‘s W-9, NRPA will send Grantee a check or wire transfer in the amount for the Grant Funds to support the goals of the grant.

B. Grant Funds will be distributed by NRPA.

C. No matching funds are required.

D. It is expressly understood that the NRPA has no obligation to provide additional funds to the Grantee for this Project or any other project or purposes.

3. Grantee Requirements
Grantee will use the Grant Funds to:

A. Increase the availability and sustainability of AAEBIs provided through local parks and recreation.

B. Participate in NRPA’s virtual Grantee Kick Off Call which Grantee attended on December 6, 2023.

C. Work to enroll 150 participants in Walk With Ease by May 31, 2025.

D. Collaborate with NRPA to conduct evaluation and AAEBI tracking activities and submit information quarterly to NRPA as requested regarding:
• Reach of AAEBIs (# of participants, demographics, etc.) • Completion of instructor trainings
• Updates on project status and timeline for planned activities/elements • Impact stories

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• Pictures documenting progress and activities (if applicable) E. Participate in other AAEBI implementation and delivery evaluation activities as requested including interviews, focus groups, hosting a site visit, and surveys to document best practices to help inform resources and tools related to recruitment and partnership building.

F. Conduct local community outreach through web, social media, and local press release to help promote the Project in accordance with all press and promotional prior approvals. NRPA will provide a toolkit of sample content for this outreach.

G. Document and share with NRPA success stories, press releases, photos, videos, quotes, local media coverage and highlights throughout the project and grant period.

H. Complete project and submit a final report (template provided by NRPA) by July 31, 2025, describing the success(es) of the project and how the grant funds were utilized upon completion of the project.

4. Promotion
NRPA and CDC may use Grantee and/or park names, photos, and/or information in connection with the Project for promotional or other purposes associated with the Project, in any and all media, without limitation and without further payment, notification, or permission, except where prohibited by law. If the Grantee’s photo release form does not cover promotional and other uses, NRPA can provide one upon request.

NRPA also grants Grantee a limited, non-exclusive, and royalty-free license to use NRPA’s name, trademark, logos, and other identifying marks ("Licensed Marks") for promotional or other purposes associated with the Project, unless prohibited by law. NRPA shall have the right to review and approve the use of the Licensed Marks, as well as any and all related promotional and advertising material, in order to ensure that the use of the Licensed Marks meets NRPA’s quality assurance standards.

Grantee shall provide NRPA an opportunity to review and approve any statement, message or use of CDC logo related to this grant or Project in advance of its release to the public. Any promotion, public announcement, or promotion relating to the Grant Funds or Project shall be subject to the prior review of CDC and NRPA.

All Parties shall retain all title, ownership, rights, and intellectual property rights in their own respective marks, logos, content, materials, tools and intellectual property. Under no circumstance will any Party to this MOU use another Party’s Licensed Marks in a false, misleading, or disparaging manner. Upon completion of the Project, Parties shall, at their own expense, return all copies Licensed Marks to their respective owners beyond what is necessary for record-keeping purposes.

5. Limits of Liability
To the fullest extent permitted by applicable law, Grantee hereby releases CDC and NRPA, and each of their directors, officers, managers, members, employees, agents, attorneys, advisors, consultants, volunteers and other like parties (collectively the “Support Parties”), from any liability whatsoever relating to or arising out of the Project or the use of the Grant Funds. Grantee further waives any right to sue or bring any action of any kind against the Support Parties relating to or arising out of the Project or the use of the Grant Funds. This limitation of liability shall apply whether the Support Parties’ liability arises due to breach of contract, breach of warranty, or as a result of tortious conduct, including, but not limited to, negligence (of any kind), strict liability, statutory liability, or any other causes of action.

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NRPA’s liability, if any, arising out of or in any way related to the relationship and/or dealings between NRPA and Grantee, shall be limited to the payment amounts paid pursuant to this MOU. NRPA shall not be liable for any damages caused by or arising out of the acts or omissions of a third party.

6. Indemnification
To the fullest extent permitted by applicable law, Grantee shall indemnify, defend and hold harmless the Support Parties from any and all causes of action, suits, settlements, judgments, liens, indebtedness, damages, losses, costs, expenses, fees (including attorney’s fees and costs), penalties, claims, claims for relief, liabilities and demands of every kind, nature, and character (collectively, “Claims”) relating to or arising out of: (i) Grantee’s involvement in the development, planning, demolition, construction, installation, implementation, maintenance, repair and/or management of the Project; (ii) any failure by Grantee to comply with any applicable laws, rules and/or regulations (including, without limitation, building, safety and fire codes, etc.); (iii) Grantee’s negligence, misconduct, or malfeasance of Grantees or their agents or representatives; or (iv) any breach by Grantee of any agreement involving the Project or the use of the Grant Funds. In no event shall the Support Parties be liable for any punitive, exemplary, special, incidental, indirect or consequential damages of any kind (including, but not limited to loss of profits, loss of reputation and/or loss of current or prospective business advantage, even where such losses are characterized as direct damages) arising out of or in any way related to the relationship and/or dealings between the parties, regardless of whether the claim under which damages are sought is based upon contract, tort, negligence (of any kind), strict liability or otherwise, and regardless of whether the parties have been advised of the possibility of such damages at the time of contracting or otherwise. In such cases where Grantee’s obligation to indemnify may be limited due to the requirements of federal, state, or local laws, Grantee shall be responsible for the ordinary negligent acts and omissions of Grantee’s agents and employees causing harm to persons not a Party to this MOU.

7. Confidentiality
During the term of this MOU, the Parties may learn certain Confidential Information of each other. For purposes of this MOU, “Confidential Information” means the confidential and proprietary information, not generally known by non-party personnel, used by the disclosing party and which is proprietary to the disclosing party, and includes, without limitation, the disclosing party's trade secret or proprietary personnel, financial, marketing and business information, including strategic, operations and other business plans or forecasts, and Confidential Information provided by the disclosing party regarding its employees, customers, vendors, sponsors and other contractors. The receiving party shall: (i) protect and safeguard the confidentiality of the disclosing party’s Confidential Information with at least the same degree of care as the receiving party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the disclosing party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this MOU; and (iii) not disclose any such Confidential Information to any person, except to the receiving party’s officers, employees, consultants, accountants, and legal advisors who are bound by written confidentiality obligations and have a need to know the Confidential Information to assist the receiving party, or act on its behalf, to exercise its rights or perform its obligations under this MOU. This section shall not prohibit any party from disclosing documentation or records it is required by law to disclose, including but not limited to pursuant to the California Public Records Act.

8. Term
This MOU shall be effective as of the Effective Date hereof and shall continue until July 31, 2025 (the “Term”) in accordance with Section 11.

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9. Use of Grant Funds
The Grantee shall use the full amount of the Grant Funds exclusively for the purposes set forth in Section 1. Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the Grant Funds and the income earned thereon that is not expended for such purposes in accordance with Section 11.

All unspent or uncommitted G rant F unds shall be invested in highly liquid investments (such as an interest-bearing bank account) with the primary objective being preserving the Grant Funds availability for the Project. Any interest or other income generated by the G rant Funds must be applied to the purposes described in the Grant Project.

The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following:

A. To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code of 1986, as amended (the Code); B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2) of the Code; C. To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor.

D. P
ayments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute “grants” for these purposes and are not subject to these restrictions;
E. Except as expressly may be authorized in the approved Project , to provide a grant to any other organization without prior written approval of the Grantor; or F. To promote or engage in the following, but not limited to, acts that would create civil liability, criminal acts, criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin, religion, military and veteran status, disability, sex, age, or sexual orientation, or support of any entity that engages in these activities.

G. To travel to NRPA’s Annual Conference or any other conference travel without written approval from Grantor.

H. For research or clinical care except as allowed by law, or to purchase furniture or equipment. Any such proposed spending must be identified in the budget.

I. Other than for normal and recognized executive-legislative relationships, no funds may be used for:
a. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body. b. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before any legislative body. c. See Additional Requirement (AR) 12 for detailed guidance on this prohibition and additional guidance on lobbying for CDC recipients.

10. Audit
Grantee is expected to keep and maintain detailed books and records relating to the Grant, and the Grant Funds (including, without limitation, all uses thereof and expenditures therefrom) (collectively, the “Records”) during the Term and for a period of seven (7) years thereafter (the “Audit Period”). NRPA and its assigns have the right to audit the Grantee’s financial records relating to this MOU upon not less than ten (10) business days’ advance written notice to Grantee by NRPA at any time during the Audit Period, at NRPA’s sole expense, during

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Grantee’s normal business hours. If as a result of an audit, NRPA determines that Grant Funds were not spent in accordance with the purposes of this Grant, the Grantee shall: (1) be required to return any Grant Funds not substantiated, and (2) reimburse NRPA for all costs and expenses incurred in connection with such audit. If NRPA determines that Grant Funds were used for fraudulent purposes, the Grantee shall be barred from participation in any further programs. Grantee shall further indemnify, defend, and hold the Support Parties harmless from any acts or omissions relating to its fraudulent use of the Grant Funds.

11. Termination and Repayment
Either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform. The non-performing party shall have sixty (60) days to cure its obligation. If the non- performing party fails to satisfactorily cure its obligation within this time this MOU will be terminated.

Neither party shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties, notwithstanding any law to the contrary.

No termination of this MOU shall release the obligation to pay any sums due to the terminating party which accrued prior to such termination.

12. Compliance with Laws.

Grantee will comply in full with all applicable federal, state, and local laws and regulations and rules of governmental agencies and bodies relating to Grantee's acceptance and use of the Grant Funds, including those that govern gifts, donations, contributions, expenditures, and anything else of value that benefit, directly or indirectly, public officials. Grantee agree to notify Grantor immediately: (a) of any conduct on Grantee’s part that may be in violation of any applicable federal, state and local laws and (b) if Grantee receives notice of, or otherwise becomes aware of, any actual or threatened investigation, action, litigation, or disciplinary or other proceeding of which Grantee is or may be a subject in connection with the Grant Funds and to the extent permitted by applicable law, shall provide Grantor with all written notices and communications received by Grantee relating to or any such investigation, action, litigation, or disciplinary proceeding.

Subgrantee agrees to abide by all applicable federal laws, regulations, policies including:
a. The CDC General Terms and Conditions for Non-research awards at:
https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf. b. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and HHS Awards in 2 C.F.R. Part 200 and 45 C.F.R. Part 75. c. All other general terms and conditions here: https://www.cdc.gov/grants/federal-regulations- policies/index.html including:
i. HHS Grants Policy Statement
ii. Federal Funding Accountability and Transparency Act (FFATA) iii. Anti-Lobby Restrictions for CDC Grant Recipients
iv. Grantee Notification Guidance on the Establishment of Subaccounts

13. Governing Law, Jurisdiction, Venue and Dispute Resolution

This MOU and the performance thereof shall be governed, interpreted, construed and regulated by the law of the Commonwealth of Virginia, without reference to or application of principles concerning conflicts of laws of any

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jurisdiction. Notwithstanding the foregoing, this governing law and venue provision shall not apply to a Grantee that is a state or public institution and afforded sovereign immunity under applicable state law. Before commencing any litigation arising out of or relating to the relationship of the parties, this MOU, or the breach hereof, the parties agree to negotiate in good faith to resolve such dispute within fifteen (15) business days of notice by the other party of such dispute. Should the parties fail to mutually resolve their dispute and commence litigation, the parties hereby irrevocably consent to venue before the federal and state courts situated in the Commonwealth of Virginia and each party hereby irrevocably submits to the jurisdiction of such courts. The prevailing party in any action or litigation, including appeals, arising out of or related to this MOU shall be awarded its reasonable attorney’s fees and costs. The Parties agree that NRPA would not have an adequate remedy at law and would be irreparably injured if Grantee breaches its covenants hereunder and NRPA shall be entitled to injunctive relief as a remedy for any breach or threatened breach hereof without showing or proving any actual damages.

14. No Agency; Relationship of the Parties
Each party and their respective officers, employees, agents, contractors and/or consultants are independent contractors and are not, nor shall they hold themselves out to as or claim to be, employees or agents of the other party or any department, agency or unit thereof; accordingly, neither party shall have any authority to enter into any agreement on behalf of the other party or otherwise cause the other party to incur any obligations whatsoever other than as set forth herein.

15. Notices
All notices, requests, demands and other communications required or permitted under this MOU must be in writing and will be deemed to have been duly given, made and received only (a) when personally delivered, or (b) on the date specified for delivery when deposited with an overnight courier service such as Federal Express for delivery to the intended addressee, or (c) when sent via facsimile, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, or (d) when delivered via email, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, each of the foregoing addressed as set forth below:

If to Grantee, to:

City of Menifee, Community Services Department
29844 Haun Road
Menifee, CA 92586
Attn: Gabbi Cao
Email: [email protected]

If to NRPA, to:

National Recreation and Park Association
22377 Belmont Ridge Road
Ashburn, VA 20148
Attn: Natalia Ospina, Senior Program Manager
Email: [email protected]

16. Required Disclosures
Grantees must disclose, in a timely manner in writing to NRPA and the U.S. Department of Health and Human Services Office of the Inspector General (HHS OIG), all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this grant award. Disclosures must be sent in writing to NRPA and to the HHS OIG at the following addresses:

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National Recreation and Park Association
Kellie May, MTA
Chief Partnerships Officer
22377 Belmont Ridge Road
Ashburn, VA 20148
Telephone: (703) 858.2176
Email: [email protected] (Include “Mandatory Grant Disclosures” in subject line)

AND

U.S. Department of Health and Human Services
Office of the Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW
Cohen Building, Room 5527
Washington, DC 20201
Fax: (202)-205-0604 (Include “Mandatory Grant Disclosures” in subject line) or Email: [email protected]

17. Entire Agreement.

This MOU supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter covered herein and contains all of the covenants and agreements between the parties with respect to the Grant purpose and Project in any manner whatsoever. Each party to this MOU acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this MOU shall be valid or binding. Any modification of this MOU will be effective only if it is in writing signed by the parties hereto. Any changes, additions or deletions to this MOU, including the Project, must be approved in writing by all the parties. This MOU and all amendments may be signed in counterparts, each of which will constitute one and the same document. Any signature delivered via facsimile or other electronic means shall be deemed an original signature to this MOU. The section headings contained in this MOU are for reference purposes only and shall not affect in any way the meaning or interpretation of this MOU.

18. Severability.

If any term, covenant, or condition of this MOU or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each and every remaining term, covenant, or condition of this MOU shall be valid and enforced to the fullest extent permitted by law.

These parties have caused this MOU to be signed by their duly authorized representatives as of the last date set forth below.

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National Recreation and Park Association City of Menifee By
: _________________________ By: _______________________ P
rinted Name: _________________________ Printed Name: _______________________ T
itle: _________________________ Title: _______________________ D
ate: _________________________ Date: _______________________ Approved as to Form:
_____________________________________
Jeffrey T. Melching, City Attorney
Attest:
_____________________________________
Sarah Manwaring, City Clerk
Page: Overview
The National Recreation and Park Association (NRPA) with the support of the Centers for Disease Control and Prevention (CDC) is pleased toannounce the availability of the Supporting Healthy Aging Through Parks and Recreation 3.0 (SHAPR 3.0) grant. This grant supports parkand recreation professionals to increase access, availability, participation, and sustainable support for programs that improve physical activity,engagement, and the quality of life for older adults. The goal of this project is to increase access to arthritis-appropriate, evidence-based (AAEBI)interventions in park and recreation.

NRPA strives for a future where all people have access to the benefits of quality parks and recreation. When we achieve equity, all people thrive.NRPA recognizes we are all on a journey to learning and understanding justice, diversity, equity and inclusion and how our personal andorganizational actions, practices and policies impact Black, Indigenous, people of color, people who are low-income, people with disabilities andpeople living in rural communities. Equity is a core pillar of NRPA, and we will award agencies who are committed to continued learning and actionto break down barriers to opportunity and combat systemic racism through the power of parks and recreation.

An exemplary grantee will leverage their project to address inequities in their community and ensure that Black, Indigenous, people of color,people who are low-income, people living in rural communities and people with disabilities and/or chronic conditions like arthritis benefit fromparks and recreation.

This SHAPR grant provides two opportunities for applicants:

1. Instructor Trainings for one of five Arthritis-Appropriate Evidence-Based Interventions (AAEBIs)*. This opportunity is ideal for organizations that may be newer tooffering regular chronic disease management and/or programming for older adults as part of their physical activity and health education offerings. This opportunity includesup to 2-instructor trainings (for one AAEBI) and all program start up materials (participant books, equipment, etc.). The duration of this award is 18-months (starting inDecember 2023 and ending in May 2025). *Each AAEBI is described in detail in the sections that follow 2. Instructor Trainings (same as above) AND if eligible, membership in a health equity focused Community of Practice (CoP): This opportunity is ideal for organizationsthat have sustained regular chronic disease management and/or programming for older adults as part of their physical activity and health education offerings. The purpose ofthe CoP is for Park and Recreation professionals to engage in formal and self-paced learning opportunities regarding NRPA's Elevating Health Equity Through Parks andRecreation: A Framework for Action (https://www.nrpa.org/our-work/Three-Pillars/equity/elevating-health-equity-through-parks-and-recreation-a-framework-for-action/)whileimplementing AAEBIs in their community. The duration of this award is 18-months (starting in December 2023 and ending in May 2025) AAEBI Instructor Trainings
All applicants will apply for instructor trainings, participant materials, and start up materials for one of the five evidence-based physical activityprograms listed below. If you have a question about the best AAEBI fit for your organization, please contact Colleen Pittard [email protected] (mailto:[email protected]?subject=Inquiry%20About%20SHAPR%20RFP) Active Living Every Day (ALED) - a behavior-change 12-week program that teaches sedentary (inactive) people the skills necessary to overcome barriers to becomingphysiacally active.EnhanceFitness (EF) - a behavior-change 16-week program for those at any level of fitness that motivates individuals to stay active and live independently.Fit & Strong! (F&S!) - a multi-component physical activity and behavior-change 8 or 12-week program that teaches inactive adults with joint pain and stiffness and/or lowerextremity pain and mobility issues how to engage in safe and effective exercise.Tai Chi for Arthritis - this program is for people with mild, moderate and severe joint and back pain. It is especially appropriate for adults who have a higher risk of falling.Walk With Ease (WWE) - a multi-component, low-impact 6-week walking program that teaches people how to safely and comfortably incorporate physical activity into theireveryday lifestyle.

If you have a question about your eligibility for membership in the Community of Practice, email [email protected](mailto:[email protected]?subject=Inquiry%20About%20SHAPR%20RFP).

For both opportunities, the main applicant must be a local government agency that plans, builds and/or operates parks (e.g., municipal park andrecreation department, tribal recreation department, public works department that manages parks etc.) or an affiliated 501c (3) non-profitorganization. If the applicant is not a local government agency, the applicant is required to submit a letter of support for the project beingproposed from the park and recreation agency director or equivalent.

If your organization was awarded a Supporting Healthy Aging Through Parks and Recreation (SHAPR) grant in January 2023, you are not eligibleto apply due to the grant timelines overlap. You may be considered for the next cohort that will be awarded in the Fall of 2024.

Please contact Colleen Pittard, [email protected] (mailto:[email protected]?subject=Inquiry%20About%20SHAPR%20RFP), if you have questions about your eligibility.

Application: 14570 | General
City of Menifee
Started at: 10/23/2023 11:42 AM - Finalized at: N/A
All awarded applicants will be required to:

Join and participate in:A grantee kick-off meeting in December 2023.Ongoing technical assistance calls and meetings (combination of individual, small group, and large group with NRPA's Health team and like-minded partnerorganizations and park and recreation peers).Implement at least one of the AAEBI programs (ALED, EF, F&S!, Tai Chi for Arthritis or WWE) and reach a minimum of 150 participants over the course of the 18-month grantperiod.Participate in evaluation efforts that will include submitting program data quarterly, participating in focus groups and interviews.Potentially host NRPA for a site visit (in-person or virtual) over the course of the grant period.

For those awarded membership to the CoP:

In addition to the above requirements your organization is also expected to:

Join and participate in CoP technical assistance calls and meetings with NRPA’s Health Team to implement NRPA's Elevating Health Equity Through Parks and Recreation: AFramework for Action. Serve as “peer network facilitators” to support other organizations in the successful implementation of their evidence-based programs. Share health equity learnings to all grantees through technical assistance calls and meetings.

NRPA will conduct a two-part review process for all applicants. The first round of reviews will be based on the criteria listed below.

Clear interest and commitment to the requirements of the grant and alignment with current city and agency priorities.Demonstration of clear commitment to advancing equity and an organizational commitment to prioritize justice, diversity, equity and inclusion.Strong project management plan.Community-level and agency leadership support.

Click here (https://nrpa-grants.secure-platform.com/file/15081/eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJtZWRpYUlkIjoxNTA4MSwiYWxsb3dOb3RTaWduZWRVcmwiOiJUcnVlIiwiaWdub3JlT3chU?SHAPR RFP Scoring Guide.pdf) to review the SHAPR application scoring guide.

The second round of reviews will include objective demographic, geographic, and community metrics using the CDC SVI score(https://www.atsdr.cdc.gov/placeandhealth/svi/index.html) to aid NRPA in the identification of a diverse cohort of finalists. Those with an SVIscore of .75 or higher may be awarded up to $3,000 to support the implementation of evidence-based programs you are awarded to sustain theprogram beyond the grant period (December 2023 – June 2025) All reviewers will undergo implicit bias training ahead of the review process to ensure all applications are judged fairly.

Review Process for the Community of Practice (CoP)
For those applicants interested in joining the CoP, questions are built into the application that will determine your organization’s eligibility. Ifeligible, your organization may also be awarded a small financial grant pending available funds.

All reviewers will undergo implicit bias training ahead of the review process to ensure all applications are judged fairly.

Application OpenSeptember 18, 2023
Office Hours - You canregister for one or bothOctober 4, 2023 at 3:00 PM EST - Click Here (https://nrpa-org.zoom.us/meeting/register/tZwvfu2prTMjGdRJB-kacQEkFW7SMnoG2CAA)to register October 18, 2023 at 3:00 PM ES T- Click Here (https://nrpa-org.zoom.us/meeting/register/tZYtfuCpqTIiE9NmTu99DjIdlIXunzei7-1F)to register Application ClosesOctober 23, 2023
Communities SelectedOn or before November 20, 2023
Kick-Off Call December 6, 2023
ProgramImplementation andNetworking Calls
Ongoing between December 2023 - May 2025
NRPA is conducting two Office Hour sessions to answer any questions with the grant opportunity, the application or any other questions you mayhave. Below is how you register for those sessions:

October 4, 2023 at 3:00 PM EST - Click Here (https://nrpa-org.zoom.us/meeting/register/tZwvfu2prTMjGdRJB-kacQEkFW7SMnoG2CAA)to registerOctober 18, 2023 at 3:00 PM ES T- Click Here (https://nrpa-org.zoom.us/meeting/register/tZYtfuCpqTIiE9NmTu99DjIdlIXunzei7-1F)to register You can also access the frequently asked questions document: SHAPR 3.0 FAQs (https://nrpa-grants.secure-platform.com/file/18919/eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJtZWRpYUlkIjoxODkxOSwiYWxsb3dOb3RTaWduZWRVcmwiOiJUcnVlIiwiaWdub3JlT3dZl1qs0qpgOiFbWNlQI) If your questions has not been answered in any of the resources above, please e-mail: [email protected](mailto:[email protected]?subject=Inquiry%20About%20SHAPR%203.0%20RFP) Collaborators Instructions: To help you fill out this form, NRPA allows multiple people to work on a single application. If you would like to invitea colleague or multiple colleagues to assist you in completing your application, click the Manage Collaborators button at the top-right of this form.From there, you will be able to add collaborators - All you need is their name and valid e-mail address. Keep in mind that your application can onlybe submitted by the individual who started this application. You may also revoke a collaborator's access at any time using the same menu.

Applicants have the option of submitting parts of the application in written, or voice recording forms. These are clearly marked on each question.We encourage applicants to use the methods they feel most comfortable using but note that some questions require a written response.

If you are submitting an audio submission, you must provide written statements to questions where indicated. For all audio question responses,you must indicate the questions covered through the audio response – this could simply be a sentence “Answered in the audio submission”. Therewill be space at the end of the application to upload all audio files. Each audio response to a single question must not exceed 4 minutes.

Audio responses must first state the application question and then provide their answer to all parts of the stated question. Each applicationquestion can only have a written or audio submission, the audio cannot supplement written submissions. All applications, written or audio, will bejudged equally without preference for one method.

Regardless of written, or voice recorded submissions, a complete application must be submitted through NRPA’s online grant application system.

The full application with all questions and submission fields is provided in this PDF copy to assist applicants in planning their responses: SHAPR3.0 Grant Application PDF (https://nrpa-grants.secure-platform.com/file/18922/eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJtZWRpYUlkIjoxODkyMiwiYWxsb3dOb3RTaWduZWRVcmwiOiJUcnVlIiwiaWdub3JlT3Gyn_ynWavflzspuSvOVfBSQGYhm5OZVWqM?SHAPR%203.0%20Grant%20Application.pdf) Applications are due by October 23, 2023 11:59 PM PST and NRPA anticipates notifying applicants on or before November 14, 2023.

Page: Eligibility
Agency Category
Local, municipal or regional government agency
Grant Recipient January 2023?
No
Page: Organization Information
Organization information responses must be written.

Organization Name
City of Menifee
Applicant's Name
Gabbi Cao
Applicant's Email Address
[email protected]
Applicant's phone number
+1 951-723-3784
Federal Identification Number
94-3439857
Organization Address
29995 Evans RdMenifee California 92586 US
Name of Organization Head (e.g. Director, Executive Director, Superintendent etc.) Jonathan Nicks
Organization Head Email Address
[email protected]
Organization head phone number
+1 951-723-3880
NRPA Member Number
447568
Program Team
The proposed program team would consist of two Community Services Coordinators, two Community Service Leaders, and Community ServicesSupervisor.

Aisha Jemmott-Wilson serves at the Senior Center Coordinator. Aisha would be responsible for program outreach, recruitment, and registration.The walk fit program will be developed in collaboration with our Healthy Menifee program. Healthy Menifee is a community-based initiative thatpromotes a healthy lifestyle with an emphasis on four core components: nutrition, active living, community health, and disease prevention. MartinGutierrez serves at the Healthy Menifee Coordinator and would serve as the proposed program lead, providing planning and implementation of thenew Walk with Ease program. Partnerships with local healthy agencies and organizations will be developed to support program recruitment.Community services leaders would be responsible for performing community outreach, promoting the program, and facilitating the weekly walkingprogram. Community Services Supervisor, Gabbi Cao would oversee the grant tracking and manage the reporting of grant requirements.

Estimated Time Spent on Program:Community Services Coordinator, Aisha Jemmott-Wilson – 40 hrs.Community Services Coordinator, Martin Gutierrez – 40 hrs.Community Services Supervisor, Gabbi Cao – 30 hrs.(2) Community Service Leaders – 36 hrs.

Page: Community Information and Equity Prioritization
Organization Role in Community
The City of Menifee Community Services Department provides a wide variety of programs, services, and facilities to approximately 110,000residents. The Community Service Department also partners with the local school districts, local businesses, community based organizations, andthe local college to enhance services for residents in the community. The Department's Mission Statement is “We enhance residents' quality of lifeby delivering quality programs, services, and facilities that create lasting positive memories for youth, adults, and seniors throughout thecommunity.” Through this mission statement the Department strives to set a high standard of excellence and quality service to the community.

Diversity, equity and inclusion
The City of Menifee truly understands the need for investing in diversity and inclusion. The Community Services Department prioritizes equity andinclusion by providing all city programing at little to no cost. The Department is committed to providing all-inclusive programs for all ages andseeks grant funding opportunities to continue providing quality programs to all Menifee residents. The Community Services Department providesprogram options for all age groups including 0-5, youth, teens, adults, and seniors, as well as Adaptive and Inclusion programs that serveresidents of all abilities. Additionally, the Department has a Cultural Arts team responsible for programming events that celebrate diversity andawareness.

Community Engagement
The City of Menifee creates community through people, parks, and programs. As one of the fastest growing cities in the county, the City ofMenifee has created a variety of platforms for community engagement. The City provides public engagement opportunities through publicmeetings, programs, and events. These platforms assist the City in identifying any current and future needs for an enhanced quality of life. Thisalso helps the Community Services Department determine types of programs, services, and park amenities needed within the community. TheCity understands that these types of engagement opportunities assist the city to become more a desirable and livable community. In addition toin-person engagement, the City strives to involve residents through social media outlets, providing current information on resources available tocity residents. The City specifically garnered resident and stakeholder feedback via a variety of public forums and surveys to lay a foundation forCity priorities and direction. Since July 2023, the City has published its 5-year Strategic Plan and the Community Services Department hasreleased its Parks Master Plan. Both identify the needs and wants of the community, prioritizes the resources and timelines to achieve the goals,and includes performance measures to gauge success.

Challenges impacting people with chronic conditions like arthritis in your community The City of Menifee strives to reduce any challenges that residents with chronic conditions might face in our community. One of the challengesthat may impact people with chronic conditions within the community is the limited options to local transportation, which also impacts accessibilityto services and resources. The Department has a growing senior transportation program that includes RTA bus routes, Dial-A-Ride, TRIP mileagereimbursement, Care-A-Van door-to-door shuttle services, as well as GoGo Grandparent. Department staff host monthly workshops as well asregular outreach to ensure that senior and disabled residents, senior HOA communities, and caretakers are aware of the resources available tothem. Additionally, the City is currently undertaking the Complete Streets Plan to improve access, mobility, and safety for all modes of travelwithin the city. Lastly, the Department is increasing its outreach efforts by rotating Healthy Menifee programming and other events throughout thedifferent parks of the city in order to bring the services and resources directly to our residents.

Current Programming
Firstly, Healthy Menifee is a community-based initiative that promotes a healthy lifestyle with an emphasis on four core components: nutrition,active living, community health and disease prevention. Our goal is to increase awareness of healthy options in our community and inspireresidents to develop healthy habits that will help us all live longer. Since its start in July 2017, Healthy Menifee has been providing a wide varietyof educational programs, resources, and events including, Recreate Your Health, Menifee Mobile Kitchen, What’s Cookin’ Menifee, Evaluate YourPlate, Healthy Cooking for Kids, Get Fit at the Park, Walk With a Doc, and Menifee Moves. Secondly, the You Matter program's mission is toimprove mental health awareness, promote individual empowerment, and facilitate access to services and resources available to our residents. Asa collaborative composed of city, county, and health organizations, we gather and promote resources that help the emotional, mental, and socialwellbeing of our community members. Lastly, the Department hosts and promotes a variety of adaptive and inclusive programs and events suchas Mighty Me socials and performing arts classes, and SoCal Adaptive Sports Fair, designed for individuals of all abilities and capabilities.

Community Assets
The City of Menifee owns 21 parks and facilities, along with designated trails throughout the city. In addition to the abundance of opengreenspace, the Department maintains low impact exercise equipment throughout our various city parks. Machines provided are designed to workout various parts of the body such as arms, chest, shoulders, abdominals, back, and heart (cardio). All machines offer minimal resistance, perfectfor those with chronic conditions such as arthritis.

Additionally, the City’s Senior Center offers low impact/low intensity fitness classes and health workshops for adults 55 and over. All programsoffered are free or minimal cost. Examples of programs include Tai Chi, Chair Yoga, Doc Talk, Maintain Your Brain, and low impact dance classes.

Healthy Menifee has also established the Get Fit in the Park program that targets all ages and abilities and is tailored to those in attendance. Alsooffered through Healthy Menifee is the Menifee Moves program which is a community walk on the second Saturday of each month that rotatesbetween several designated trails throughout the city. Participants are given a lanyard and a different button for each trail they complete and areencourage to bring their family, friends, and even pets.

What is the race of the participants served by your program. (Please provide a percentage for each to total 100%.) American Indian or Alaskan Native

0.9 Asian and Pacific American Islander
6 African American or Black

6.7 Hispanic or Latino
18 White or Caucasian

55.9 Bi-Racial or Multi-Racial

12.5 Other
0 Service Area Description
Suburban
Page: Program Selection
Below are descriptions for each of the programs offered through this grant. This information provides guidance for the selectionof the program most appropriate for the intended audience.

If you are unsure which one best fits your intended audience after reviewing the information below, about each of the programs, please feel freeto contact us at [email protected] (mailto:[email protected]?subject=Inquiry%20About%20SHAPR%20RFP) and wecan provide additional guidance.

Active Living Every Day (ALED):

Target Audience - sedentary (physically inactive) individuals with or without chronic disease and in need of motivation and skills to become physically active Program Duration - 12-weeks, 1 time per week for 1 hour (12 total classes)Instructor Training – self-study format through a workbook that takes ~4-6 hours to complete with an online final examParticipant materials required - startup materials provided through this grantWatch a short informational video about the ALED program (https://cdn.filestackcontent.com/TEpNxstJTmWHXyNhSdGr?ALED Video.mp4)View the NRPA's Healthy Aging In Parks Assessment Tool (https://www.nrpa.org/contentassets/95e642e9c6504cda80ff72cc7c7cbef5/healthy-aging-program-assessment-tool.pdf) for additional information EnhanceFitness (EF)
Target Audience: adults at all levels of fitness that want to become more active, energized and empowered to live independentlyProgram Duration - 16-weeks, 3 times per week for 1 hour (48 total classes)Instructor Training - training is conducted by an EnhanceFitness Master Trainer either in-person (12 hours over 1.5 days) or remote (2 four hour sessions over 2 days)CPR certification required for the instructorParticipant materials required - startup materials provided through this grantWatch an informational video about the EF program (http://storybook.link/EnhanceFitnessNewYork/).View the EnhanceFitness Fact Sheet (https://cdn.filestackcontent.com/5VIPunndTWGgI5UhY9HR?EF%20Fast%20Facts%20Extra%20for%20NRPA%202021.pdf) foradditional information Fit & Strong! (F&S!):

Target Audience - adults who want to be physically active but may have lower-extremity pain and/or mobility challengesProgram Duration - 8-weeks; 3 times per week for 1.5 hours -or- 12-weeks; 2 times per week for 1.5 hours (24 total classes) Instructor Training - online format that takes ~6-8 hours to complete Participant materials required - startup materials provided through this grantWatch a short informational video about the Fit&Strong program (https://cdn.filestackcontent.com/PZx4MY4OS2a1QBn0weje?Fit&Strong Video.mp4)View the NRPA's Healthy Aging In Parks Assessment Tool (https://www.nrpa.org/contentassets/95e642e9c6504cda80ff72cc7c7cbef5/healthy-aging-program-assessment-tool.pdf) for additional information Tai Chi for Arthritis:

Target Audience - adults with or without arthritis looking to reduce pain and/or improve quality of lifeProgram Duration - minimum of 16 hours (one hour per week for 16 weeks or 2 hours per week for 8 weeks)Instructor training - training is a self-paced online portion (estimated completion time is ~20 hours) and a 7 hour live (in-person or virtually) interactive training with a Tai Chifor Arthritis Master Trainer. Total estimated instructor training time is ~27 hours. NO Participant materials requiredWatch an informational video about Tai Chi (https://www.youtube.com/watch?v=C4bUDC0C5Mo).

Walk With Ease (WWE):

Target Audience - those with arthritis or other chronic diseases interested in a walking program and are able to stand for at least 10 minutes Program Duration- 6-weeks, 3 times per week for 1 hour (18 total classes) Instructor training - online format that takes 3-4 hours to complete CPR certification required for the instructorParticipant materials required - startup materials provided through this grantWatch a short informational video about the WWE program (https://cdn.filestackcontent.com/EgiWoz0STijIrkLQGkgj?WWE video.mp4)View the NRPA's Healthy Aging In Parks Assessment Tool (https://www.nrpa.org/contentassets/95e642e9c6504cda80ff72cc7c7cbef5/healthy-aging-program-assessment-tool.pdf) for additional information Program Selection
Walk With Ease
The Walk With Ease (WWE) program is multi-component, low-impact walking program that teaches people how to safely andcomfortably incorporate physical activity into their everyday lifestyle. NRPA is offering instructor training grants so that your staffcan be certified to teach WWE.

Target audience is those with arthritis or other chronic diseases that are interested in a walking program and are able to stand for at least 10minutes , Program length is 6-weeks, 3 times per week for one hour, Instructor training is an online format that takes 3-4 hours to complete Program Costs
No
Anticipated Barriers
The City of Menifee anticipates very few barriers in the planning, implementation, and sustainability of program during grant period. The City will have alternative dates and locationsto use as make up days in order for the program to stay within the 6 week parameters. The City uses a variety of media outlets to promote activities and recruit participants such aslocal newspapers, city website, social media (Twitter, Facebook, Instagram, Nextdoor), Menifee Matters quarterly brochure, and printed flyers. Participation will be incentivizedthrough various giveaways such as City of Menifee swag associated with the program itself. There will always be two full time and two part time staff dedicated to this particularprogram. The City of Menifee is a large community with several outdoor spaces that encourage physical activity. Parks with walking trails include Audie Murphy Ranch Sports Park,Central Park, La Ladera Park, Spirit Park, Underwood Park, and Creek View Park. The program will be offered at no cost to residents.

Target Audience
The target audience will include adults 55 and older and residents living with chronic disease. Our marketing strategies would include creatingeducational and promotional material to be included in our quarterly Menifee Matters magazine that is distributed to all Menifee residents via mail.Flyer information and monthly newsletters will be distributed during community events and programs held at our Senior Center. Additionally,social media outlets such as Facebook, Instagram, Twitter, and Community Services Department website will be utilized to provide information tothe target audience.

Older Adult PA Program Offering
Yes
Older Adult PA Programs
The City’s Senior Center offers a wide variety of low impact/low intensity fitness and dance classes, health-related resources, and health workshops for adults 55 and over. Allprograms offered are free or minimal cost. Examples of programs include Tai Chi, Taiko Fitness, Chair Yoga, Doc Talk, Maintain Your Brain, Senior Low Vision Program, MedicareEssentials, and dance classes such as Heart and Soul Line Dancing and Peruvian Dance.

Prior Implementation of Programs
No
Programs in Your Community
Unsure
Established Community Partnerships
Healthcare providers/hospitals , Heath Insurance Company, Local Health Department , Area Agency on Aging, Community-based organization(i.e., Libraries, Churches, Schools, etc.) Healthcare Providers
Partners include: Kaiser Permanente, Community Access Center, Hospice of the Valleys Regional Medical Center, Rancho Medical Center, VA Partnership Role
Local Healthcare providers in the area provide educational workshops, information booths at city events, health screenings, health fairs, andassistance with resource applications. They additionally provide medical professionals for consults during Walk With a Doc and Doc Talk events.

Health Insurance Company
Partners include: Kaiser Permanente, Humana, HICAP
Partnership Role
Local Healthcare providers in the area provide educational workshops and assistance with resource applications Local Health Department
Partners include: Riverside University Health Systems
Partnership Role
Local Healthcare providers in the area provide educational workshops for all ages groups including resources for mental health.

Area Agency on Aging
Partners include: Riverside County Office on Aging
Partnership Role
Provide additional resources and encourage resident engagement.

CBO
Partners include: Community Access Center, Community Action Partnership, Family Service Assistance (FSA), Care Pathways, Partnership Role
Provide resources, Food Box distribution program, information about tax programs, grants for energy assistance, nutrition programs includingdaily congregate meal program, and caregiver support Membership in Community of Practice
Yes
Page: Audio Submissions
Audio Submissions
No File Uploaded
Page: Final Page
Please review your application before final submission. Only the application owner, not collaborators, can submit the application.

If you would like a copy of your application, log back into the system and click the option to print.

For any questions, email [email protected] (mailto:[email protected]?subject=Inquiry%20About%20SHAPR%20RFP) Ready to Submit Your Application
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.

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

If Federal Grant:

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

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

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

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2023/24
1/17/2024
NRPA SHAPR 3.0 (F)
National Recreation and Park Association (NRPA)
Community Services Department
Thu "Gabbi" Cao
Non-Profit
CDC

93.945
NRPA
P3MFNAKCQZJ6
No. 5 NU58DP006985-03-00
01/17/2024-07/31/2025
-
$3,000
Advance
$0
-
$3,000
-
301-4662-58206
301-3888
No
Yes- Final Report required
No
Yes, subject to CDC requirements
Yes
FY24/25, FY25/26
No
✔
✔
1/17/24-07/31/2025
This grant supports park and recreation professionals to increase access, availability, participation, and sustainable support for programs that improve physical activity, engagement, and the quality of life for older adults.

A final report (template provided by NRPA) should be submitted by July 31, 2025.

RESOLUTION NO. 23-____

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

AMENDMENTS TO ADOPTED BUDGET:

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

1. Record Appropriation(s):

Amended Grant Fund 301 FY 2023/24 Revenue Budget: $6,830,874.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants 301-Various $112,062.00
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-3753 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-3865 $140,000.00
November 15, 2023 Menifee JOBSNow Initiative 301-3742 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-3742 $1,841,667.00
January 17, 2024
Grant: NRPA SHAPR 3.0 Walk
With Ease 301-3888 $3,000.00
TOTAL: $6,299,505.16

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants Various $1,209,496.23
Amending the Fiscal Year 2023/24 Grant Fund Budget
NRPA SHAPR Grant
2 4
7 6
3 1
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $7,928,308.39

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

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

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

Revenues:

NRPA SHAPR 3.0 Grant $3,000.00
Amended Grant Fund 301 FY2023/24 Budget $6,830,874.16

Expenditures:

NRPA SHAPR 3.0 Grant $3,000.00 $0
Amended Grant Fund 301 FY2023/24 Budget $7,928,308.39 August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-4555-58119 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-4911-52426 $140,000.00 November 15, 2023 Menifee JOBSNow Initiative 301-4350-52800 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-4555-58079 $1,841,667.00
January 17, 2024
Grant: NRPA SHAPR 3.0 Walk
With Ease 301-4662-58206 $3,000.00
TOTAL: $7,396,939.39
Amending the Fiscal Year 2023/24 Grant Fund Budget
NRPA SHAPR Grant
3 4
7 6
3 1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney

CITY OF MENIFEE
SUBJECT: 2023 Justice Assistance Grant (JAG) Award for the Menifee Police Department
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Fiscal Year 2023/2024 Justice Assistance Grant in the amount of $10,877; and

2. Adopt a Budget Adjustment Resolution appropriating $10,877 in revenue and expenditures, for the Menifee Police Department; and

3. Authorize the City Manager or designee to execute all necessary agreements and other grant- related documents thereof to receive the 2023 Justice Assistance Grant.

DISCUSSION
The City of Menifee, in a pass-through from the County of Riverside, was allocated $10,877 as part of the 2023 Justice Assistance Grant (JAG) Award. The solicitation for the grant set forth the following areas as allowable uses for the funds:
• Law enforcement programs
• Prosecution and court programs
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment and enforcement programs
• Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams
The Menifee Police Department would allocate the funding towards the replacement of body armor vests. The new body armor will be purchased through two major vendors, San Diego

City of Menifee Staff Report
2023 JAG Grant
January 17, 2024

Page 2 of 2 ends

1 9
3 5
Police Equipment, Inc., and U.S. Armor Corp. Both vendors provide equipment that complies with the latest applicable National Institute of Justice ballistic or stab standards. As of July 2023 the Menifee Police Department is authorized for 93 sworn staff. Beginning in November 2024 the first purchased vests will begin expiring and need to be replaced. The JAG award will provide for the acquisition of 11 of the 45 vests scheduled for replacement by the end of 2025.

The Menifee Police Department currently has a mandatory wear policy that all applicable staff are required to acknowledge upon hire. This acknowledgment is completed through the agencies Lexipol policy, and a JAG - Body Armor Mandatory Wear Policy Certification was included with the initial application documents. The oversight for the vest purchases will be managed by the department quartermaster.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
With the acceptance of the 2023 JAG Grant, a corresponding budget appropriation of $10,877 in grant revenue to Account No. 301-3745 JAG and an appropriation in expenditures of $10,877 in Account No. 301-4911-52845 JAG will be processed and included as part of the adjusted Fiscal Year 2023/2024 budget. No match by the City is required.

ATTACHMENTS

1. Interlocal Agreement – 2023 Justice Assistance Grant

2. Grant Summary Report – 2023 Justice Assistance Grant

3. Budget Adjustment Resolution - Grant Fund

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 5

CITY OF BANNING, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 6

CITY OF BEAUMONT, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 7

CITY OF CATHEDRAL CITY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 8

CITY OF COACHELLA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 9

CITY OF CORONA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 10

CITY OF DESERT HOT SPRINGS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 11

CITY OF HEMET, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 12

CITY OF INDIO, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 13

CITY OF JURUPA VALLEY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 14

CITY OF LAKE ELSINORE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 15

CITY OF MENIFEE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 16

CITY OF MORENO VALLEY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 17

CITY OF PALM SPRINGS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 18

CITY OF PERRIS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 19

CITY OF RIVERSIDE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 20

CITY OF TEMECULA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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

If Federal Grant:

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

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2023/24
1/17/2024
2023 Justice Assistance Grant Award
County of Riverside
Menifee Police Department
Christine Booker

DOJ-BJA

16.738
County of Riverside
N/A
N/A
10/01/2023-09/30/2026
-
$10,877
Reimbursement
$0
-
$10,877
-
301-4911-52845
301-3745
No
N/A
No
No
Yes
Yes
FY24/25, FY25/26
No
✔
10/01/2023-09/30/2026
The use of the grant is limited to : Law enforcement programs, prosecution and court programs, prevention and education, correction and community corrections programs, drug treatment, planning, evaluation and tech improvement programs, crime victim and witness programs as well as mental health programs.

Reimbursement requests, quarterly and annual financial and performance reports. 3% of the allocated award must be set aside for the National Incident Based Reporting System (NIBRS) compliance, unless the FBI has certified that the state is already NIBRS compliant.

RESOLUTION NO. 23-____

AMENDMENTS TO ADOPTED BUDGET:

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

1. Record Appropriation(s):

Amended Grant Fund 301 FY 2023/24 Revenue Budget: $6,838,751.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants 301-Various $112,062.00
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-3753 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-3865 $140,000.00
November 15, 2023 Menifee JOBSNow Initiative 301-3742 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-3742 $1,841,667.00
January 17, 2024
Grant: Justice Assistance Grant
(JAG) 301-3745 $10,877.00
TOTAL: $6,307,382.16

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants Various $1,209,496.23
Amending the Fiscal Year 2023/24 Grant Fund Budget
Justice Assistance Grant
2 4
7 6
3 1
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $7,936,185.39

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

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

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

Revenues:

Justice Assistance Grant (JAG) $10,877.00
Amended Grant Fund 301 FY2023/24 Budget $6,838,751.16

Expenditures:

Justice Assistance Grant (JAG) $10,877.00 $0
Amended Grant Fund 301 FY2023/24 Budget $7,936,185.39 August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-4555-58119 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-4911-52426 $140,000.00 November 15, 2023 Menifee JOBSNow Initiative 301-4350-52800 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-4555-58079 $1,841,667.00
January 17, 2024
Grant: Justice Assistance Grant
(JAG) 301-4911-52845 $10,877.00
TOTAL: $7,404,816.39
Amending the Fiscal Year 2023/24 Grant Fund Budget
Justice Assistance Grant
3 4
7 6
3 1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney

CITY OF MENIFEE
SUBJECT: California Department of Transportation’s Highway Safety Improvement Program Cycle 11 Grant
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Fiscal Year 2023/2024 California Department of Transportation’s (“Caltrans”) Highway Safety Improvement Program Cycle 11 grant funds for the Citywide Traffic Signal Safety Improvements Project, Capital Improvement Program No. 24-01; and

2. Approve and authorize the City Manager to execute a program supplemental agreement with CalTrans for the project specifications and estimates phase of the Project in the amount of $162,000; and

3. Adopt a resolution establishing the City’s eligibility to receive the identified grant funding from Caltrans and authorize the City Manager to execute any future agreements and grant-related documents necessary to receive the Cycle 11 Highway Safety Improvement Grant funds; and

4. Adopt a budget amendment resolution appropriating $162,000 for the Project in revenues and expenditures in the Grant Fund (Fund 301).

DISCUSSION
Caltrans administers the Highway Safety Improvement Program (“HSIP”) Grant (“Grant”) which provides funding to jurisdictions in support of projects that significantly reduce serious injuries and fatalities on public roads. Funding for this competitive grant is derived from various federal and state funds such as the State Highway Account Fund under Senate Bill 137.

The Citywide Traffic Signal Safety Improvements – Local Road and Safety Plan (“LRSP”) Project (“Project”) proposes to install retro-reflective backplates on all signal heads and Leading Pedestrian Interval (“LPI”) timing at signalized intersections throughout the City as identified within the City’s LRSP. As a recommended countermeasure within the LRSP to address the growing

City of Menifee Staff Report
CIP 24-01 HSIP Grant
January 17, 2024

Page 2 of 3 ends

1 9
7 5
population, the proposed improvements would enhance traffic safety City-wide for drivers, pedestrians, and bicyclists. The estimated total Project cost is just over $2.1 million.

In September 2022, staff submitted an application in response to the 2023 HSIP cycle 11 call for projects. The application requested funding support in the amount of $1,944,630 for the Project.

In March 2023, the City was notified that the Project was selected for funding in the amount of $1,555,704. The grant funding for the Project would support the Project Specifications and Estimates (“PS&E”) and construction phases, along with the City’s required funding match, as outlined in Table 1 below. The proposed program supplemental agreement (“Agreement”) would cover only the PS&E phase at this time. As the Project progresses, staff would coordinate with Caltrans by submitting an allocation request for the construction phase and would return to City Council to request appropriation of the remaining grant funds.

Table 1 – Funding Allocation by Phase
Project Phase Anticipated FY Grant Fund Allocation City Match Total by Phase PS&E 23/24 $162,000 $18,000 $180,000
Construction 24/25 $1,393,704 $586,996 $1,980,700
TOTAL $1,555,704 $604,996 $2,160,700
City Council action is required for approval of the Agreement with Caltrans as the total amount exceeds the City Manager’s signing authority. Upon approval of the Agreement, Caltrans would initiate routing the agreement electronically for signature.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The Finance Department would increase the budgeted revenue by $162,000 in Account No. 301- 3755, Caltrans HSIP Cycle 11 Grant, and appropriate those funds to Account No. 301-4555- 58174, Citywide Traffic Signal Safety Improvements. The total estimated cost for the Project is approximately $2,160,700. With the acceptance of the identified grant funds, the City would be responsible for funding the Project cost difference, for a total of $604,996. The City’s portion of the Project funding is currently available in the 2023/2024 fiscal year budget, as summarized in Table 2 below.

Table 2 – Existing Project Budget
Fund Account Number FY 23/24 Budget
Grant 301-4555-58174 $1,555,704
DIF 16 – Signals 502-4555-58174 $92,977
DIF 17 – Signals 510-4555-58174 $71,299
DIF Citywide – Circulation 526-4555-58174 $440,720
TOTAL $2,160,700
City of Menifee Staff Report
CIP 24-01 HSIP Grant
January 17, 2024

Page 3 of 3 ends

1 9
7 5

ATTACHMENTS

1. Project Location Map

2. Grant Summary Report – HSIP Cycle 11

3. Resolution

4. Program Supplemental Agreement for PS&E Phase

5. Budget Amendment Resolution – CalTrans HSIP Cycle 11

Menifee HSIP Application – Location Map
Install Retroreflective Backplates (S02) and Leading Pedestrian Intervals (S21PB)

Intersections S02 S21PB

ANTELOPE RD CRAIG AVE Y Y

ANTELOPE RD HOLLAND RD Y Y

ANTELOPE RD LA PIEDRA RD Y Y

ANTELOPE RD SCOTT RD Y Y

ANTELOPE RD STILLWATER DR Y Y
SH-74 BRIGGS RD Y Y

CANYON HEIGHTS DR GOETZ RD Y Y

GOETZ RD

AUDIE MURPHY RD (SOUTH)/ CANYON

LAKE DR Y Y

GOETZ RD MONUMENT PKY Y Y

GOETZ RD ROCK CANYON DR Y Y

HAUN RD

SOUTHSIDE MARKETPLACE/SOUTH

ENTRANCE Y Y

HOLLAND RD SOUTHSHORE DR Y Y

LA PIEDRA RD BRADLEY RD Y Y

LA PIEDRA RD EVANS RD Y Y

HAUN RD LA PIEDRA RD Y Y

MCCALL BLVD BRADLEY RD Y Y

MCCALL BLVD ENCANTO DR Y Y

MCCALL BLVD HERITAGE LAKE DR (EAST) Y Y

MCCALL BLVD HERITAGE LAKE DR Y Y

MCCALL BLVD HILLPOINTE DR/VIA ENTRADA Y Y

MCCALL BLVD JUNIIPERO RD Y Y

MCCALL BLVD MURRIETA RD Y Y

MCCALL BLVD SHERMAN RD Y Y

MCCALL BLVD SUN CITY BLVD Y Y

MENIFEE RD COASTLINE AVE Y Y

MENIFEE RD HERITAGE LAKE DR Y Y

MCCALL BLVD MENIFEE RD Y Y

MENIFEE RD WATERFORD ST/PACIFIC BLUFF ST Y Y

MENIFEE RD ROCKPORT RD Y Y

MENIFEE RD/TURTLE POINT DR ROUSE RD Y Y

MENIFEE RD SIMPSON RD Y Y

MENIFEE RD TRAILHEAD DR Y Y

MENIFEE RD TRES LAGOS DR/LOIRE VALLEY LN Y Y

CHERRY HILLS BLVD MURRIETA RD Y Y

MURRIETA RD SOUTH OF CHERRY HILLS BLVD Y Y

MURRIETA RD NORTH OF RIDGEMOOR RD Y Y

MURRIETA RD RIDGEMOOR RD Y Y

MURPHY RANCH RD / PUERTO

VALLARTA WY MURRIETA RD Y Y
Intersections S02 S21PB

NEWPORT RD ANTELOPE RD Y Y

NEWPORT RD BEREA RD/ MURPHY RANCH RD Y Y

NEWPORT RD BRADLEY RD Y Y

DERBY HILL DR NEWPORT RD Y Y

NEWPORT RD EVANS RD Y Y

NEWPORT RD GOETZ RD Y Y

HAUN RD NEWPORT RD Y Y

NEWPORT RD/DOMENIGONI PKY LAGUNA VISTA DR Y Y

DOMENIGONI PKY/NEWPORT RD LINDENBERGER RD Y Y

NEWPORT RD CALLE POMPEII/MENIFEE LAKES DR Y Y

NEWPORT RD MENIFEE RD Y Y

MURRIETA RD NEWPORT RD Y Y

NEWPORT RD AVENIDA CORTEZ/TOWN CENTER Y Y

NEWPORT RD WESTLINK DR/VIA CORAZON Y Y

NEWPORT RD WINTER HAWK RD Y Y

NORMANDY RD LA LADERA RD Y Y

SCOTT RD BREIGHTON WOOD ST Y Y

BRIGGS RD SOCTT RD Y Y

SCOTT RD HAUN RD/ZEIDERS RD Y Y

SCOTT RD LINDENBERGER RD Y Y

SCOTT RD MENIFEE RD Y Y

SIMPSON RD LINDENBERGER RD Y Y

CHERRY HILLS BLVD SUN CITY BLVD Y Y

MENIFEE RD ALDERGATE DR/CARNELIAN WY Y Y

ANTELOPE RD GARBANI RD Y Y

HOLLAND RD BRADLEY RD Y Y

ETHANAC RD BARNETT RD Y Y

MCCALL BLVD BRIGGS RD Y Y

ETHANAC RD MURRIETA RD Y Y

LA PIEDRA SHERMAN RD Y Y
I-215 SCOTT RD Y Y
I-215 (SOUTH) SCOTT RD Y Y
I-215 (NORTH) MCCALL BLVD Y Y
I-215 (SOUTH) MCCALL BLVD Y Y
I-215 (SOUTH) NEWPORT RD Y Y
I-215 (NORTH) NEWPORT RD Y Y

ETHANAC RD GOETZ RD Y Y

ETHANAC RD TRUMBLE RD Y Y
ANTELOPE RD SH-74 Y Y
SH-74 TRUMBLE RD Y Y
MENIFEE RD SH-74 Y Y
PALOMAR RD SH-74 Y Y
Intersections S02 S21PB
SH-74 MCKINLEY Y Y
SH-74 SHERMAN Y Y

GOETZ RD AUDIE MLURPHY RD (N) Y Y

NEWPORT RD LONG VALLEY LN Y Y

NEWPORT RD CALLE TOMAS Y Y

HAUN RD VILLAGE RD/NORTH ENTRANCE Y Y

NEWPORT RD STATER WY Y Y

ANTELOPE RD PALM VILLA DR Y Y

ANTELOPE RD PAMPAS ST Y Y

MENIFEE RD BISCAYNE DR Y Y
BRIGGS RD HERITAGE H.S. Y Y

ZEIDERS RD COMMERCE POINT Y Y

ETHANAC RD CASE RD Y Y

MCCALL BLVD AQUA DR Y Y

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

If Federal Grant:

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

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2023/24
1/17/2024
HSIP Cycle 11
Caltrans
Engineering-CIP
Jenny McConville
US Dept of Transportation
Caltrans
N/A
N/A
FY23/24
-
$162,000
Reimbursement
$18,000
in phases
$162,000
-
301-4555-58174
301-3755
No
No
Yes
No
Yes
FY23/24,FY24/25
No
✔
✔
FY23/24
The Citywide Traffic Signal Safety Improvements – Local Road and Safety Plan (LRSP) Project (CIP 24-01 HSIP Cycle 11) proposes to install retro-reflective backplates on all signal heads and leading pedestrian interval (LPI) timing at signalized intersections throughout the city.

As the Project progresses, staff would coordinate with Caltrans by submitting an allocation request for the construction phase. Staff will return to City Council to request appropriation of the remaining grant funds $1,393,704. 1 RESOLUTION NO. 24-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING THE CITY’S ELIGIBILITY TO RECEIVE GRANT FUNDING FROM

CALTRANS AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO THE CYCLE 11 HIGHWAY SAFETY IMPROVEMENT GRANT WHEREAS, The City Council of the City of Menifee is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation and the Federal Government; and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements (“Caltrans Agreements”) must be executed with the California Department of Transportation before such funds could be claimed; and WHEREAS, the City Council now wishes to delegate authorization to the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto, with California Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
authorizes the City Manager to execute all agreement documents, and any amendments thereto, with the California Department of Transportation.

PASSED, APPROVED AND ADOPTED this 17th day of January 2024. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
F006
FOR FEDERAL-AID PROJECTS NO 08-5483F15
0824000055
November 27, 2023
08-RIV-0-MNFE
HSIPL-5483(014)
5483
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/06/2017 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Signalized intersections throughout city of Menifee
Improve signal hardware and modify signal phasing to implement Leading Pedestrian Interval

0.0(MILES)
Federal FundsEstimated Cost Matching Funds
YS70 $162,000.00

CITY OF MENIFEE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$180,000.00 $18,000.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$162,000.00

Page 1 of 7 ends

11/27/2023

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
HSIPL-5483(014)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
2Page of 7Program Supplement 08-5483F15-F006- ISTEA

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
HSIPL-5483(014)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 7Program Supplement 08-5483F15-F006- ISTEA

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
HSIPL-5483(014)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 7Program Supplement 08-5483F15-F006- ISTEA

SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
HSIPL-5483(014)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5Page of 7Program Supplement 08-5483F15-F006- ISTEA

SPECIAL COVENANTS OR REMARKS
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of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6Page of 7Program Supplement 08-5483F15-F006- ISTEA

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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 08-5483F15-F006- ISTEA
RESOLUTION NO. 23-____

AMENDMENTS TO ADOPTED BUDGET:

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

1. Record Appropriation(s):

Amended Grant Fund 301 FY 2023/24 Revenue Budget: $6,989,874.16 Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants 301-Various $112,062.00
August 16, 2023
Grant: National Opiate Litigation
Settlement 301-3895 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-3859 $690,120.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-3752 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-3752 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-3753 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-3865 $140,000.00
November 15, 2023 Menifee JOBSNow Initiative 301-3742 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-3742 $1,841,667.00
January 17, 2024
Grant: Caltrans HSIP Cycle 11
Citywide Traffic Signal Safety 301-3755 $162,000.00
TOTAL: $6,458,505.16

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants Various $1,209,496.23
Amending the Fiscal Year 2023/24 Grant Fund Budget
Caltrans HSIP Cycle 11
2 4
7 6
3 1
Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $8,087,308.39

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

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

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

Revenues:

Caltrans HSIP Cycle 11 Citywide Traffic Signal Safety $162,000.00 Amended Grant Fund 301 FY2023/24 Budget $6,989,874.16

Expenditures:

CIP Citywide Traffic Signal Safety Improvements $162,000.00 $0 Amended Grant Fund 301 FY2023/24 Budget $8,087,308.39 August 16, 2023
Grant: National Opiate Litigation
Settlement 301-4911-58165 $59,322.16
August 16, 2023
Grant: SB 821 Bicycle and
Pedestrian Facilities Program 301-4555-58098 $690,120.00 November 1, 2023
Grant: Active Transportation
Program (ATP) - Project A 301-4555-58177 $131,000.00
November 1, 2023
Grant: Active Transportation
Program (ATP) - Project B 301-4555-58190 $124,000.00
November 1, 2023
Grant: RCTC Regional Arterial
Improvements Program 301-4555-58119 $3,140,000.00
November 15, 2023 Grant: OTS STEP 301-4911-52426 $140,000.00 November 15, 2023 Menifee JOBSNow Initiative 301-4350-52800 $58,334.00 December 6, 2023
Central Park Amphitheater CIP 19-
15 - ARP 301-4555-58079 $1,841,667.00
January 17, 2024
CIP Citywide Traffic Signal
Safety Improvements 301-4555-58174 $162,000.00
TOTAL: $7,555,939.39
Amending the Fiscal Year 2023/24 Grant Fund Budget
Caltrans HSIP Cycle 11
3 4
7 6
3 1
PASSED, APPROVED AND ADOPTED this 17th day of January, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney

CITY OF MENIFEE
SUBJECT: Agreement for Furniture Procurement and Installation Services for the New Quail Valley Fire Station No. 5 Project MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Contract Services Agreement with Goforth & Marti doing business as (“DBA”) G/M Business Interiors in an amount not-to-exceed $93,797.28 for furniture procurement and installation in the new Quail Valley Fire Station No. 5, Capital Improvement Program (“CIP”) Project No. 21-04, located on Goetz Road near Vista Way.

DISCUSSION
The New Quail Valley Fire Station No. 5 project (“Project”) proposes to build a 9,038 sq. ft. facility located on Goetz Road near Vista Way. The new fire station would replace the existing Quail Valley Fire Station No. 5, currently located at the intersection of Goetz Road and Avenida Robles.

Due to the age of the existing fire station, the facility can no longer support modern fire service functionality. The existing Fire Station No. 5 currently houses just three full-time Fire personnel to support its 24/7 operations. The new facility would increase the housing capacity to accommodate ten assigned Fire personnel and would allow for long term capacity expansion to potentially include one battalion chief, one fire engine, one medic squad, and one ladder truck to support the growing needs of the western area of the City.

On October 19, 2022, the City Council awarded a construction contract for the Project to Act 1 Construction, Inc. Construction activities began in January 2023 and are anticipated to be completed by early spring 2024. The construction award did not include furnishing of the new fire station.

On April 1, 2023, the City entered into a Contract Services Agreement with G/M Business Interiors (GM) under the County of Riverside’s Cooperative Purchase Agreement No. PSA-0004702 for the furniture planning and design services necessary for the Project. Over the past nine months, staff have coordinated closely with Fire personnel and GM to finalize furniture design throughout

City of Menifee Staff Report
CIP 21-04 Furniture Agreement
January 17, 2024

Page 2 of 2 ends

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8 1
the new facility. GM is an experienced County vendor and has furnished several Cal Fire stations through the existing Cooperative Purchase Agreement.

Staff has completed negotiations with GM for needed services and now desires to enter into a Contract Services Agreement (“Agreement”) for the procurement and installation of the selected furniture. The Agreement includes furnishing six bedrooms, five restrooms, three offices, a large kitchen, living area/day room, outdoor area, and the separate Facilities Storage building. The furniture included in the Agreement is commercial grade and designed to endure more intensive wear and tear over longer periods of time than standard residential furniture. Because GM utilizes several manufacturers with varying lead times, the procurement of the furniture must be initiated several months in advance of need to align with the Project’s construction timeline. Upon delivery of the furniture, GM would inspect, install, and if required would also wall mount the pieces at the designated locations in the new fire facility.

City Council action is required for approval of the proposed Agreement for furniture procurement and installation services with GM as the total amount of the agreement exceeds the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total anticipated cost for the Project’s furniture procurement and installation services is $93,797.28. Funding to support the proposed Agreement is available in fiscal year 2023/24 Project budget, as summarized in Table 1 below.

Table 1 - Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Quality of Life New Quail Valley
Fire Station No. 5 105-4555-58102 $750,781 $93,797.28

ATTACHMENTS

1. Project Location Map

2. Agreement
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation5_ProjectSite\FireStation5_ProjectSite.aprx Date: 11/23/2021 Fire Station No. 5 (CIP 21-04)
Project Location Map
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CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 21-04 NEW QUAIL VALLEY FIRE STATION NO. 5
(FURNITURE AND INSTALLATION SERVICES)
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2024 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GOFORTH & MARTI DBA G/M BUSINESS INTERIORS, a S Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on January 17, 2024.

Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, 2905/031858-0001
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experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the 2905/031858-0001
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benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe 2905/031858-0001
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weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
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SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Ninty Three Thousand Seven Hundred Ninety Seven Dollars and Twenty Eight Cents ($93,797.28) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
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Invoices shall be submitted to:

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

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the 2905/031858-0001
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

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

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

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this 2905/031858-0001
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 2905/031858-0001
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 21- 04 NEW QUAIL VALLEY FIRE STATION NO. 5 (FURNITURE AND INSTALLATION SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be 2905/031858-0001
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secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

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

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in 2905/031858-0001
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part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

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

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 2905/031858-0001
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SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code 2905/031858-0001
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Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, 2905/031858-0001
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or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

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

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to 2905/031858-0001
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City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. 2905/031858-0001
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Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall 2905/031858-0001
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be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services 2905/031858-0001
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multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All 2905/031858-0001
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personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jenny McConville, Management Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

Attn: Ciana White, Account Manager
1099 W. La Cadena Drive
Riverside, CA 92501
Any written notice to City shall be sent to the Contract Administrator at:

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

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. 2905/031858-0001
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[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Rebekah Kramer, Acting City Manager
Attest:

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

Jeffrey T. Melching, City Attorney

CONTRACTOR
Laurinda P. Easley, President, CEO, &
Secretary

Diana Nickell, Contracts Manager

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SPECIAL REQUIREMENTS

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EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 21-04 NEW QUAIL VALLEY FIRE STATION NO. 5 (FURNITURE AND INSTALLATION SERVICES) services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Ninty Three Thousand Seven Hundred Ninety Seven Dollars and Twenty Eight Cents ($93,797.28) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
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EXHIBIT B

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EXHIBIT B

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EXHIBIT B

CITY OF MENIFEE
SUBJECT: Agreement Amendment No. 2 with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Dokken Engineering increasing the compensation by $155,160 for a total agreement amount not-to-exceed $1,399,191.81 for the Valley Boulevard Widening and Missing Links, Capital Improvement Program (CIP) Project No. 22-02.

DISCUSSION
Valley Boulevard, between Chambers Avenue and Murrieta Road, is currently a two-lane rural corridor located in the northwestern part of the City. Due to increases in residential and commercial developments in the area, there is now a need for additional traffic lanes. Under the City of Menifee General Plan, this segment of Valley Boulevard is designated as an arterial highway that would ultimately provide for four lanes of traffic. The proposed Valley Boulevard Widening and Missing Links project (Project) would widen the existing two-lane road to a four- lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City standards. The Project is currently in the final phase of design.

On January 9, 2022, the City Council approved a Professional Services Agreement (PSA) with Dokken Engineering (Consultant) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Additional engineering support and design services beyond the initial scope of work included in the Consultant’s original proposal are required to bring the Project into final design for the PS&E phase. Amendment No. 2 to the PSA includes additional engineering support and design services as follows:

City of Menifee Staff Report
CIP 22-02 Dokken Amendment No. 2
January 17, 2024

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1. Murrieta Road Improvements: The east side of Murrieta Road, from Valley Blvd to north of Eastern Municipal Water District’s driveway, would be improved to its ultimate condition.

Efforts for this additional segment include design, utility coordination, and right of way acquisition.

2. Engineering Studies: Signal warrant analysis to be performed at seven intersections within the Project area, development of intersection turning movement forecasts for future scenarios, preparation of technical memorandum summarizing findings.

3. Right-of-Way (ROW): Appraisal/inspection of five parcels, drafting and delivery of Notice of Intent to Appraise letters for impacted property owners, preparation of summary and complete analysis report.

Although staff makes every effort to carefully study and anticipate the extent of the scope of work needed to achieve project goals, unforeseen task needs, and unanticipated timeline delays, are often experienced as a Project of this magnitude progresses through the design phase. A summary of PSA activity for the Project to date is included in Table 1 below.

Table 1 - Contract Amendment History:

PSA Activity Approval Date Summary of Changes Value
Original Contract January 19, 2022 Civil engineering design services. $1,244,031.81 Amendment 1 June 21, 2023
Extending terms through June 30,
2024. N/A
Amendment 2 Pending
Design, utility coordination, and
ROW for added segment along east
side of Murrieta Road, traffic signal
warrant analysis, right-of-way
acquisition appraisals. $155,160.00
TOTAL $1,399,191.81
The fee for the additional scope of work outlined above would be $155,160. The proposed Amendment No. 2 includes additional details on the increased scope of work and fees associated with each task. Staff has determined the proposal to be reasonable to fully complete the PS&E phase for final design for the Project.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The total fiscal impact for proposed Amendment No. 2 would be $155,160. Funding is available for Amendment No. 2 in the Project’s Fiscal Year 2023/2024 budget, as summarized in Table 2 below.

Table 2 – Identified Project Funding
Fund Account Number Available Balance Amend No. 2 Cost
Menifee Valley - RBBD 415-4555-58118 $973,500 $155,160
City of Menifee Staff Report
CIP 22-02 Dokken Amendment No. 2
January 17, 2024

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ATTACHMENTS

1. Project Location Map

2. Original Professional Services Agreement

3. Amendment No. 1

4. Amendment No. 2
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Project Location Map
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DOKKEN ENGINEERING , a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE MILLION TWO

HUNDRED FORTY FOUR THOUSAND THIRTY ONE DOLLARS AND EIGHTY ONE CENTS ($1,244,031.81) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

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

Invoices shall be submitted to:

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

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

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or o ther communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

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

against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 2671/031858-0001
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: Ci ty of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consulta nt, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured m ust apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

SECTION 5. INDEMNIFICATION.

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

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

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

SECTION 6. STATUS OF CONSULTANT.

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909 2671/031858-0001
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415- 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employe es, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the P arties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any ta ngible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consul tant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Pamela Dalcin -Walling, Project Manager (“Consultant’s Representative”). Th e Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Principal Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

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DOKKEN ENGINEERING
Attn: Pamela Dalcin-Walling, Project Manager
110 BLUE RAVINE ROAD, SUITE 200
FOLSOM, CA 95630
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:

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

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

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

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

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

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

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

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

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

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

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

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

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IN WITNESS WHEREOF, the P arties hereto have executed and entered i nto this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

John A. Klemunes, Jr, President

Cathy Chan, Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 66A21FA1-CBE9-40B0-ADEB-4EB1B9C2334B DocuSign Envelope ID: 63524982-8A57-4EF5-B024-8F82210AC909

2671/031858-0001
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Environmental and civil engineering design services for CIP 22-02: Valley Blvd. Widening Project. in the amount not to exceed ONE MILLION TWO

HUNDRED FORTY FOUR THOUSAND THIRTY ONE DOLLARS AND EIGHTY ONE CENTS ($1,244,031.81) as further detailed in the following page(s).