Agenda packet, first session — Menifee City Council, May 15, 2024 (part 5 of 6)

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branded collateral, design for social media and print advertising, mailing of collateral and implementation supplies to multi-family complexes and small businesses, and recycling stations for public facilities. Funding was also used to retain consultant services through Aptim Environmental. Aptim has assisted staff with business webinars, creation of program forms and developing policies required for tracking, reporting, and enforcement of the state mandate. Aptim has provided on-site consultation to several businesses and two schools to assist with the implementation of recycling stations, staff training, and signage and to promote the availability of the Menifee Business Assistance Program. Lastly, Aptim has completed, on behalf of the City, inspections of Tier 1 and Tier 2 edible food generators required to establish donation agreements for unused edible food with our local food pantry or other recognized food recovery agency.

Funding remaining on first round grant is $30,778. CalRecycle has extended the term to utilize remaining funds to November 1, 2024. With recent state updates, the remaining funding will be dedicated to revamp branded collateral to include newly restricted items.

The budget allocation for Round 2 focuses on implementation of other areas required under SB 1383. In addition to continued public outreach and education, other areas of focus include procurement of recyclable and recovered organic products, compliance, capacity planning, enforcement, and reporting.

The program budget is described below in Table 1.

TABLE 1 – SB 1383 LOCAL ASSISTANCE GRANT PROGRAM BUDGET Expenditure Amount
Grant Administration/Grant Personnel (City Staff) $ 73,697 Conference/Training City Staff $ 7,300
Consultant Services Outreach/Compliance $ 10,000
MenifeeRecycles Collateral $ 10,000
Contract Services (Elementary School Outreach to 10
Schools) $ 24,000
MenifeeRecycles Booth Supplies $ 5,000
Household Food Scrap Pails (4800 qty) $ 19,000
Consultant Services Compliance, Capacity Planning
Reporting, Organics Procurement $ 20,000
3rd Party Procurement of Recovered Organics (Compost)* $110,000 Direct purchase of mulch for application in ROW $ 14,000 Total Grant Funding $ 292,997
*Annually, CalRecycle determines a per capita goal per jurisdiction for procurement of recovered organic materials. The current procurement target set for Menifee is 7,975 tons. This target could be met through procurement of renewable fuel, energy, and/or compost and mulch. To help meet the set target amount, staff and the City Attorney’s Office are currently exploring options with the City’s waste hauler, Waste Management. If the necessity arises, and City were to have to procure an agreement through the Request for Proposal process, based on information received from neighboring cities such as Corona and Moreno Valley, a third-party procurement agreement could Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 2

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City of Menifee Staff Report
CalRecycle Local Assistance Grant Award Acceptance
May 15, 2024

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range between $70,000 to $100,000 annually. Procurement of an agreement and/or program options would be presented to the City Council at a future meeting for consideration.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The fiscal impact for the acceptance of the CalRecycle Local Assistance Grant is $292,997 in both revenue and expenditures, to be recognized in Fiscal Year 2023/2024. The Finance Department would increase the budgeted revenue in Account No. 301-3878 (SB 1383 Local Assistance Grant) and appropriate those funds to Account No. 301-4660-52854 (SB 1383 Local Assistance Grant). There is no required match by the City through the Grant Program.

ATTACHMENTS

1. Award Notice

2. Grant Summary Report

3. Budget Amendment Resolution
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 3

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Request for Approval
To: Zoe Heller
Deputy Director, Division of Circular Economy

From: Michelle Martin
Branch Chief, Financial Resources Management Branch

Request Date: February 14, 2024

Decision Subject: Awards for the SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund, Fiscal Year 2022–23)

Action By: February 20, 2024

Summary of Request
Staff requests approval of 387 grant awards in the amount of $109,590,543 for the SB 1383 Local Assistance Grant Program (Program) for fiscal year (FY) 2022–23.

Funding

The FY 2022–23 Budget Act allocated $180,000,000 to be used to assist local jurisdictions in the implementation of regulations adopted by the Department of Resources Recycling and Recovery pursuant to Chapter 395 of the Statutes of 2016, with $9,000,000 reserved to cover administrative costs. CalRecycle allocated $90,000,000 to the SB 1383 Local Assistance Grant Program. The remaining funds were allocated to the Organics Grant Program to fund immediate, critical infrastructure needed to process organic waste as required by SB 1383.

After award of the Organics Grant Program, there was $19,590,543 remaining. Those funds were moved to the SB 1383 Local Assistance Grant making the total amount available for award to $109,590,543.

Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
Greenhouse Gas
Reduction Fund
$109,590,543 $109,590,543 $0 Local Assistance
Grants

Background and Findings
Statutory Authority
Senate Bill (SB) 1383 Lara, Chapter 395, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants.

The Budget Act of 2022 authorizes CalRecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements.

Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 4

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Program Background
The SB 1383 Local Assistance Grant Program provides funding to assist local jurisdictions with meeting the requirements below:
• Provide organics collection services to all residents and businesses • Conduct education and outreach to the community
• Secure access to recycling and edible food recovery capacity • Establish edible food recovery program
• Procure recyclable and recovered organic products
• Monitor compliance and conduct enforcement

Criteria and Process
The Eligibility Criteria and Evaluation Process was approved by the Deputy Director on July 19, 2023 and was presented at the July 2023 CalRecycle Monthly Public Meeting. The Notice of Funds Available was placed on the CalRecycle web site on September 14, 2023, with an appropriate notice sent to interested parties.

Applications were due November 15, 2023, with a secondary due date of December 20, 2023, for authorizing documentation submission. CalRecycle received 390 applications requesting $78,899,869. Staff reviewed the applications in accordance with the approved evaluation and criteria. Subsequently, three applications did not meet the eligibility requirements and are therefore ineligible. The base grant award is $75,000 for eligible entities. The remaining funds will be distributed to eligible entities based on per capita calculations using the Department of Finance’s January 2023 population statistics and data provided by special districts. Staff proposes to fund 387 applications.

If additional monies become available, staff recommends funding the remaining applicants.

Listed below are the types of projects recommended for funding. The types of projects recommended for funding include but are not limited to: green bins and food waste counter pails, development of education and outreach materials, record keeping subscriptions, equipment for food rescue, compost procurement, enforcement and inspections, and personal and administrative costs.

Recommendation
Staff recommends approval of 387 grant awards as listed below for $109,590,543.

Table 2. Recommended Awards
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 5

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Applicant Award Amount
Alameda County $388,722
Amador County
• City of Amador
• City of Ione
• City of Jackson
• City of Plymouth
• City of Sutter Creek
$450,000
Castro Valley Sanitary District $173,811
Central Contra Costa Solid Waste Authority dba
RecycleSmart
• City of Lafayette
• City of Orinda
• City of Walnut Creek
• Town of Danville
• Town of Moraga

$531,371
City and County of San Francisco $2,161,472
City of Adelanto $103,014
City of Agoura Hills $75,000
City of Alameda $208,212
City of Alhambra $218,610
City of Aliso Viejo $139,546
City of American Canyon $75,000
City of Anaheim $858,835
City of Antioch $306,999
City of Arcata $75,000
City of Artesia $75,000
City of Atwater $89,452
City of Auburn $75,000
City of Avalon $75,000
City of Avenal $75,000
City of Bakersfield $1,065,428
City of Banning $89,017
City of Barstow $75,000
City of Beaumont $154,625
City of Bell Gardens $107,651
City of Bellflower $207,272
City of Belmont $77,478
City of Benicia $75,891
City of Berkeley $328,023
City of Beverly Hills $90,074
City of Big Bear Lake $75,000
City of Blythe $75,000
City of Brawley $79,409
City of Brea $132,861
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 6

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Applicant Award Amount
City of Brentwood $175,139
City of Brisbane $75,000
City of Buellton $75,000
City of Buena Park $224,342
City of Burbank $278,760
City of Burlingame $86,133
City of Calabasas $75,000
City of Calexico $108,298
City of Calimesa $75,000
City of Camarillo $187,556
City of Canyon Lake $75,000
City of Capitola $75,000
City of Carlsbad $304,687
City of Carpinteria $75,000
City of Cathedral City $141,273
City of Ceres $131,683
City of Chico $286,162
City of Chino $249,249
City of Chino Hills $207,619
City of Chula Vista $719,552
City of Citrus Heights $230,349
City of Claremont $103,281
City of Clayton $75,000
City of Clovis $330,511
City of Coachella $118,046
City of Coalinga $75,000
City of Colfax $75,000
City of Colton $145,729
City of Compton $250,756
City of Concord $324,170
City of Corcoran $75,000
City of Corona $414,610
City of Coronado $75,000
City of Costa Mesa $295,972
City of Culver City $110,849
City of Cupertino $161,264
City of Cypress $137,092
City of Daly City $270,827
City of Davis $174,062
City of Del Mar $75,000
City of Delano $142,034
City of Desert Hot Springs $92,533
City of Diamond Bar $146,317
City of Dinuba $75,000
City of Dixon $75,000
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 7

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Applicant Award Amount
City of Dos Palos $75,000
City of Downey $296,174
City of Dublin $193,876
City of East Palo Alto $82,120
City of Eastvale $188,087
City of El Cajon $278,977
City of El Centro $123,181
City of El Cerrito $75,000
City of El Monte $283,529
City of El Segundo $75,000
City of Elk Grove $466,392
City of Emeryville $75,000
City of Encinitas $166,263
City of Escalon $75,000
City of Escondido $395,953
City of Eureka $75,785
City of Fairfield $317,573
City of Ferndale $75,000
City of Fillmore $75,000
City of Folsom $229,471
City of Fontana $561,790
City of Fort Bragg $75,000
City of Fortuna $75,000
City of Foster City $92,779
City of Fountain Valley $155,653
City of Fremont $602,222
City of Fresno $1,415,099
City of Fullerton $378,021
City of Galt $75,000
City of Garden Grove $451,318
City of Gardena $162,960
City of Glendale $503,362
City of Goleta $92,104
City of Grass Valley $75,000
City of Gustine $75,000
City of Half Moon Bay $75,000
City of Hawaiian Gardens $75,000
City of Hawthorne $229,999
City of Hayward $421,847
City of Hemet $240,915
City of Hermosa Beach $75,000
City of Hesperia $267,124
City of Hidden Hills $75,000
City of Highland $153,056
City of Holtville $75,000
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 8

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Applicant Award Amount
City of Hughson $75,000
City of Huntington Beach $514,832
City of Huntington Park $146,058
City of Imperial $75,000
City of Imperial Beach $75,072
City of Indio $243,294
City of Industry $75,000
City of Inglewood $283,195
City of Irvine $792,738
City of Jurupa Valley $279,920
City of Kerman $75,000
City of Kingsburg $75,000
City of La Habra $168,205
City of La Mesa $164,536
City of La Puente $104,826
City of La Quinta $106,439
City of La Verne $91,104
City of Laguna Beach $75,000
City of Laguna Hills $87,140
City of Laguna Niguel $175,628
City of Laguna Woods $75,000
City of Lake Elsinore $194,453
City of Lake Forest $233,689
City of Lakewood $215,635
City of Lancaster $456,996
City of Lathrop $98,934
City of Lawndale $88,065
City of Lemon Grove $79,101
City of Lemoore $77,001
City of Lincoln $143,552
City of Livermore $227,646
City of Livingston $75,000
City of Lodi $179,747
City of Lomita $75,000
City of Lompoc $120,716
City of Long Beach $1,194,492
City of Los Alamitos $75,000
City of Los Altos $88,425
City of Los Angeles $9,758,951
City of Lynwood $179,579
City of Malibu $75,000
City of Manhattan Beach $96,873
City of Martinez $102,722
City of Maywood $75,000
City of Menifee $292,997
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 9

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Applicant Award Amount
City of Menlo Park $92,197
City of Millbrae $75,000
City of Milpitas $217,999
City of Mission Viejo $245,907
City of Modesto $569,930
City of Montclair $105,184
City of Montebello $167,713
City of Monterey Park $161,611
City of Moorpark $99,117
City of Moreno Valley $547,390
City of Morgan Hill
• City of Gilroy
$290,583
City of Mountain View $224,560
City of Murrieta $292,904
City of Napa $207,005
City of National City $165,976
City of Newark $130,984
City of Norco $75,000
City of Norwalk $270,003
City of Oakdale $75,000
City of Oakland $1,094,382
City of Oakley $124,605
City of Oceanside $451,008
City of Ojai $75,000
City of Ontario $476,003
City of Orange $368,156
City of Orange Cove $75,000
City of Oroville $75,000
City of Oxnard $519,396
City of Pacifica $104,117
City of Palm Desert $139,155
City of Palm Springs $122,267
City of Palmdale $437,684
City of Palo Alto $182,321
City of Palos Verdes Estates $75,000
City of Paramount $143,202
City of Pasadena $362,784
City of Patterson $75,000
City of Pico Rivera $165,978
City of Pinole $75,000
City of Pittsburg $201,796
City of Placentia $144,054
City of Placerville $75,000
City of Pleasant Hill $94,576
City of Pleasanton $206,068
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 10

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Applicant Award Amount
City of Point Arena $75,000
City of Porterville $170,155
City of Poway $133,635
City of Rancho Cordova $218,128
City of Rancho Cucamonga $457,434
City of Rancho Mirage $75,000
City of Rancho Palos Verdes $114,339
City of Rancho Santa Margarita $129,967
City of Redding $247,509
City of Redlands $194,451
City of Redondo Beach $185,221
City of Redwood City $219,107
City of Reedley $75,000
City of Rialto $274,747
City of Richmond $302,018
City of Ridgecrest $80,305
City of Rio Dell $75,000
City of Rio Vista $75,000
City of Ripon $75,000
City of Riverbank $75,000
City of Riverside $820,247
City of Rocklin $192,398
City of Rolling Hills $75,000
City of Rolling Hills Estates $75,000
City of Roseville $404,054
City of Sacramento $1,349,680
City of San Bruno $116,990
City of San Buenaventura $286,025
City of San Carlos $84,476
City of San Diego $3,551,023
City of San Dimas $96,342
City of San Fernando $75,000
City of San Gabriel $107,700
City of San Jacinto $148,186
City of San Jose $2,491,720
City of San Juan Capistrano $98,957
City of San Leandro $234,647
City of San Marcos $252,856
City of San Mateo $275,609
City of San Pablo $89,149
City of San Ramon $222,667
City of Sanger $76,049
City of Santa Ana $783,881
City of Santa Barbara $229,264
City of Santa Clara $351,102
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 11

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Applicant Award Amount
City of Santa Cruz $171,801
City of Santa Fe Springs $75,000
City of Santa Maria $291,555
City of Santa Monica $245,580
City of Santa Paula $89,465
City of Santee $161,453
City of Scotts Valley $75,000
City of Seal Beach $75,000
City of Selma $75,000
City of Shafter $75,000
City of Solana Beach $75,000
City of South Gate $247,931
City of South Lake Tahoe $75,000
City of South San Francisco $174,647
City of Stanton $109,300
City of Stockton $835,924
City of Suisun City $81,822
City of Sunnyvale $412,829
City of Taft $75,000
City of Tehachapi $75,000
City of Temecula $290,059
City of Thousand Oaks $326,482
City of Torrance $378,497
City of Tracy $255,665
City of Trinidad $75,000
City of Tulare $188,509
City of Turlock $191,561
City of Tustin $214,092
City of Twentynine Palms $75,241
City of Union City $180,941
City of Upland $211,031
City of Vacaville $269,105
City of Vallejo $323,093
City of Vernon $75,000
City of Victorville $363,315
City of Villa Park $75,000
City of Visalia $378,430
City of Vista $266,591
City of Wasco $77,035
City of Watsonville $137,242
City of West Sacramento $148,404
City of Westlake Village $75,000
City of Westminster $242,417
City of Whittier $234,113
City of Wildomar $102,186
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 12

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Applicant Award Amount
City of Willits $75,000
City of Winters $75,000
City of Woodlake $75,000
City of Woodland $163,146
City of Yorba Linda $181,754
City of Yucaipa $147,896
Contra Costa County $459,414
Costa Mesa Sanitary District $315,341
Del Norte Solid Waste Management Authority
• City of Crescent City
• Del Norte County
$150,000
El Dorado County $416,857
El Dorado Hills Community Services District $126,168
Fresno County $419,377
Garden Grove Sanitary District $455,122
Heber Public Utility District $75,000
Helendale Community Service District $75,000
Home Garden Community Services District $75,000
Humboldt County $191,655
Imperial County $95,705
Kensington Police Protection and Community Services
District
$75,000
Kern County $793,965
Kings County $87,593
Lake County $125,832
Los Angeles County $2,592,030
Madera County $199,091
Marin City Community Services District $75,000
Marin County Hazardous and Solid Waste Management Joint Powers Authority
• City of Belvedere
• City of Larkspur
• City of Mill Valley
• City of Novato
• City of San Rafael
• City of Sausalito
• Marin County
• Town of Corte Madera
• Town of Fairfax
• Town of Ross
• Town of San Anselmo
• Town of Tiburon
$1,157,867
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 13

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Applicant Award Amount
Mariposa County $75,000
Mendocino County $165,846
Merced County $242,717
Midway City Sanitary District $274,786
Modoc County $75,000
Montara Water & Sanitary District $75,000
Monterey County $277,986
Monterey Regional Waste Management District (dba ReGen
Monterey)
• City of Carmel-by-the-Sea
• City of Del Rey Oaks
• City of Marina
• City of Monterey
• City of Pacific Grove
• City of Sand City
• City of Seaside
• Pebble Beach Community Services District
$612,849
Mountain House Community Service District $75,000
Nevada County $182,132
Novato Sanitary District $163,454
Orange County $350,165
Oro Loma Sanitary District $357,637
Phelan Pinon Hills Community Services District $75,360
Placer County $297,821
Plumas County $75,000
Rancho Murieta Community Services District $75,000
Regional Waste Management Authority
• City of Live Oak
• City of Marysville
• City of Wheatland
• City of Yuba City
• Sutter County
• Yuba County
$667,656
Riverside County $1,048,132
Rodeo Sanitary District $75,000
Sacramento County $1,557,735
Salinas Valley Solid Waste Authority
• City of Gonzales
• City of Greenfield
• City of King City
• City of Salinas
• City of Soledad
$722,025
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 14

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Applicant Award Amount
San Benito County Integrated Waste Management Regional
Agency
• City of Hollister
• City of San Juan Bautista
• San Benito County
$269,157
San Bernardino County $778,319
San Diego County $1,328,221
San Gabriel Valley Council of Governments
• City of Arcadia
• City of Azusa
• City of Baldwin Park
• City of Covina
• City of Duarte
• City of Glendora
• City of Irwindale
• City of La Canada Flintridge
• City of Monrovia
• City of Pomona
• City of Rosemead
• City of San Marino
• City of Sierra Madre
• City of South El Monte
• City of South Pasadena
• City of Temple City
• City of Walnut
• City of West Covina
$2,389,899
San Joaquin County $416,125
San Luis Obispo County $321,734
San Luis Obispo County Integrated Waste Management
Authority
• Avila Beach Community Services District
• California Valley Community Service District
• Cambria Community Services District
• Cayucos Sanitary District
• City of Arroyo Grande
• City of Atascadero
• City of Grover Beach
• City of Morro Bay
• City of Paso Robles
• City of Pismo Beach
• City of San Luis Obispo
• Heritage Ranch Community Service District
• Los Osos Community Services District
• Nipomo Community Service District
$1,430,723
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 15

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Applicant Award Amount
• Oceano Community Service District
• San Miguel Community Services District
• San Simeon Community Services District
• Templeton Community Service District
San Mateo County $165,976
Santa Barbara County $365,114
Santa Clara County $245,397
Santa Cruz County $338,133
Santa Lucia Community Services District $75,000
Shasta County
• City of Anderson
• City of Shasta Lake
$328,282
Siskiyou County
• City of Dorris
• City of Dunsmuir
• City of Etna
• City of Fort Jones
• City of Montague
• City of Mount Shasta
• City of Tulelake
• City of Weed
• City of Yreka
$750,000
Solano County $75,000
Sonoma County Waste Management Agency
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Sonoma County
• Town of Windsor
$1,537,564
Stanislaus County $292,184
Tamalpais Community Services District
• Almonte Sanitary District
• Alto Sanitary District
• Bolinas Community Public Utility District
• Homestead Valley Sanitary District
• Las Gallinas Valley Sanitary District
• Strawberry Recreation District
$535,781
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 16

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Applicant Award Amount
Tehama County Solid Waste Management Agency
• City of Corning
• City of Red Bluff
• City of Tehama
• Tehama County
$340,333
Town of Apple Valley $202,280
Town of Atherton $75,000
Town of Colma $75,000
Town of Hillsborough $75,000
Town of Loomis $75,000
Town of Mammoth Lakes $75,000
Town of Paradise $75,000
Town of Portola Valley $75,000
Town of Truckee $75,000
Town of Woodside $75,000
Town of Yucca Valley $75,000
Tulare County $354,476
Tuolumne County
• City of Sonora
$211,328
Upper Valley Waste Management Agency
• City of Calistoga
• City of St Helena
• Napa County
• Town of Yountville
$300,000
Ventura County $246,469
West Contra Costa Integrated Waste Management Authority • City of Hercules
$76,194
West Valley Solid Waste Management Authority
• City of Campbell
• City of Monte Sereno
• City of Saratoga
• Town of Los Gatos
$374,757
Yolo County $99,195
Total Award $109,590,543

Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the grant awards for the SB 1383 Local Assistance Grant Program as listed in Table 2. Each proposed grantee’s award is subject to three conditions:

1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.

Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 17

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2. The recommended grantee is responsible for submitting all outstanding documents required by CalRecycle during the application process, as well as those identified in the Application Guidelines and Instructions, prior to the release of funding.

3. The recommended grantee must have a valid Resolution in place within 60 days of the date of the award email.

___________________________ ____________________________ Zoe Heller Dated
Deputy Director

Zoe Heller
Digitally signed by Zoe
Heller
Date: 2024.02.16
13:03:22 -08'00'
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 18

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

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

If Federal Grant:

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

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

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

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2024
5/15/24
SB1383- Local Assistance Grant Program
CalRecycle
Community Services
Kori Jones
-
-
-
-
-
5/1/24-6/30/26
-
$292,997
One-Time payment
-
$292,997
N/A
301-4660-52854
301-3878
No
N/A
N/A
No
No
Yes
FY 2025/2026
No
✔
5/1/24-6/30/26
To assist with the implementation of regulation requirements associated with SB 1383 (Short-lived climate pollutants) as it relates to reducing organic waste disposal. Including would be education services, marketing and outreach, materials and trainings.

An Expenditure Itemization Summary (EIS) is required every six months and a Final Report is due at the end of the grant term.

Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 19

Menifee Mayor and City Council
May 15, 2024
Page
789 of 1147

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: $11,196,597.94

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants 301-Various $3,981,911.78
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
January 17, 2024
Grant: Justice Assistance Grant
(JAG) 301-3745 $10,877.00
January 17, 2024
Grant: NRPA SHAPR 3.0 Walk With
Ease 301-3888 $3,000.00
February 7, 2024 Interest Increase at Mid-year 301-3800 $30,000.00 May 15, 2024
Grant: CalRecycle SB 1383 Local
Assistance Grant 301-3878 $292,997.00
TOTAL: $10,665,228.94
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 20

Menifee Mayor and City Council
May 15, 2024
Page
790 of 1147

Amending the Fiscal Year 2023/24 Grant Fund Budget
CalRecycle SB 1383 Local Assistance Grant
2 4
7 6
3 1
Grant Fund 301 Adopted FY 2023/24 Expenditure Budget: $531,369.00

2. Record Appropriation(s):

Amended Grant Fund 301 FY 2023/24 Expenditure Budget: $11,077,040.87

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
N/A FY23/24 Carryover Grants Various $3,892,354.71
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
January 17, 2024
Grant: Justice Assistance Grant
(JAG) 301-4911-52845 $10,877.00
January 17, 2024
Grant: NRPA SHAPR 3.0 Walk
With Ease 301-4662-58206 $3,000.00
May 15, 2024
Grant: CalRecycle SB 1383 Local
Assistance Grant 301-4660-52854 $292,997.00
TOTAL: $10,545,671.87
Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 21

Menifee Mayor and City Council
May 15, 2024
Page
791 of 1147

Amending the Fiscal Year 2023/24 Grant Fund Budget
CalRecycle SB 1383 Local Assistance Grant
3 4
7 6
3 1

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:

CalRecycle SB 1383 Local Assistance Grant $292,997.00 Amended Grant Fund 301 FY2023/24 Budget $11,196,597.94

Expenditures:

CalRecycle SB 1383 Local Assistance Grant $292,997.00 $0 Amended Grant Fund 301 FY2023/24 Budget $11,077,040.87 PASSED, APPROVED AND ADOPTED this 15th day of May, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.10
CalRecycle Local Assistance Grant
Item Page Number: 22

Menifee Mayor and City Council
May 15, 2024
Page
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CITY OF MENIFEE
SUBJECT: Senate Bill 1 List of Projects for Fiscal Year 2024/2025 MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving the Fiscal Year 2024/2025 list of projects funded by the Road Repair and Accountability Act of 2017 under Senate Bill 1; and

2. Authorize the Public Works Director, or designee, to submit the required list of projects and accompanying resolution to the California Transportation Commission (CTC).

DISCUSSION
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017, to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is funded through increases in certain fuel excise taxes, sales taxes, and vehicle registration fees and is then deposited into the Road Maintenance and Rehabilitation Act (RMRA) account. A percentage of RMRA funds are continuously apportioned to eligible cities and counties by the State Controller pursuant to paragraph (2) of subdivision (h) of Section 2032 of the Streets and Highway Code (SHC) for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

SHC Section 2034(a)(1) requires that prior to receiving an apportionment of RMRA funds in a fiscal year, the City must adopt a list of all projects proposed to be supported by the RMRA. This list must be adopted via resolution by City Council at a regular public meeting and must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

If the City fails to submit the required list of projects and resolutions, funds that were apportioned to the City would be redistributed to other agencies. For Fiscal Year (FY) 2024/2025, the City is estimated to receive approximately $2,767,637 in RMRA funds. These funds are proposed to be Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
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City of Menifee Staff Report
FY 2024/2025 SB1 Project List
May 15, 2024

Page 2 of 3 ends

2 1
7 1
used to support the following list of approved projects included in the City’s FY 2024/2025 Capital Improvement Program budget:

1.FY 2024/2025 Local Road AC Resurfacing Program - This project proposes to perform a header grind and resurface existing residential streets using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with a 1.5” layer of asphalt hot mix.

Additionally, the project proposes to upgrade existing curb ramps to current standards and re-stripe the roadway. The project work locations vary amongst local streets within the City of Menifee. The following streets would be resurfaced under this project: Comwell St, Embassy St, Ventan St, Invarey St, Oakbridge Dr, Sun Country Ln, Hillhurst Ct, Blackbird Dr, Woodstock Pl, Evans Rd (between Newport Rd and Lazy Creek Rd), Apple Creek Rd, Coalinga Ct, Moondance Wy, and Sugarfoot Ct. Construction is estimated to begin in March 2025, and be completed by June 2025. This project would have a useful life of 15 years.

2.Antelope Road Resurfacing - Holland Road to Newport Road - This project proposes to grind and overlay this section of Antelope Road and resurface using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with 1.5” Asphalt Rubber Hot Mix (ARHM).

Additionally, the project would upgrade existing curb ramps to current standards and re- stripe the roadway. Construction is estimated to begin in March 2025, and is expected to be completed by June 2025. This project would have a useful life of 15 years.

The City’s Pavement Management Program (PMP) provides guidance on the street network to develop cost-effective strategies for the maintenance of a desirable level of pavement service and performance on a network scale. The PMP serves as an annual primary budgetary planning tool to forecast maintenance recommendations to measurably improve the Pavement Condition Index (PCI). The above projects were identified in the PMP as having a PCI below 70. The SB 1 funding would assist with bringing these streets into alignment with the City’s Strategic Plan Goal of maintaining an average roadway PCI of 70.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The City would receive additional funding through RMRA for the completion of the proposed projects in the estimated amount of $2,767,637. Funding to support said projects is budgeted in FY 2024/2025, as summarized in Table 1 below.

TABLE 1 – FY 2024/2025 PROJECT BUDGET
Project Fund Source Amount
RMRA (SB 1) $974,000FY 2024/2025 Local Road AC Resurfacing Program Measure A $435,000 Antelope Rd Resurfacing - Holland Rd to Newport Rd RMRA (SB 1) $1,800,000 Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
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City of Menifee Staff Report
FY 2024/2025 SB1 Project List
May 15, 2024

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2 1
7 1

ATTACHMENTS

1. Project Location Maps

2. Resolution
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 3

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May 15, 2024
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(CIP 25-07)
Project Location Map
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 4

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(CIP 25-07)
Project Location Map
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 5

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\AntelopeRdResurfacing\AntelopeRdResurfacing.aprx Date: 4/23/2024 Antelope Road Resurfacing - Holland Rd to Newport Rd
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Project Location Map
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 6

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May 15, 2024
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4 8
4 8
8 RESOLUTION NO. 24-___

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

CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2024/2025 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,767,637 in RMRA funding in Fiscal Year (FY) 2024/2025 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process through one public Capital Improvement Program workshop where pavement management projects were discussed to ensure public input into our community’s project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one arterial road segment and support the FY 2024/2025 citywide Residential Street Program by resurfacing existing deteriorated roads throughout the City this year and similar projects into the future; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “good” condition and this revenue would assist in maintaining the overall quality of the City’s road system over the next decade; and

Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 7

Menifee Mayor and City Council
May 15, 2024
Page
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4 8
4 8
8 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Menifee, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with FY 2024/2025 RMRA revenues:

Project Title: FY 2024/2025 Local Road AC Resurfacing Program Project Description:This project proposes to perform a header grind and resurface at various existing residential streets using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with a 1.5” layer of asphalt hot mix. Additionally, the project proposes to upgrade existing curb ramps to current standards and re-stripe the roadway.

The project work locations vary amongst local streets within the City of Menifee.

Project Location: Streets included in the project are Comwell St, Embassy St, Ventan St, Invarey St, Oakbridge Dr, Sun Country Ln, Hillhurst Ct, Blackbird Dr, Woodstock Pl, Evans Rd (between Newport Rd and Lazy Creek Rd), Apple Creek Rd, Coalinga Ct, Moondance Wy, and Sugarfoot Ct.

Estimated Project Schedule: Start 3/2025 – Completion 6/2025, based on the component being funded with RMRA funds.

Estimated Project Useful Life: 15 years
Project Title: Antelope Road Resurfacing - Holland Road to Newport Road Project Description:This project proposes to grind and overlay this section of Antelope Road and resurface using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with 1.5” Asphalt Rubber Hot Mix (ARHM). Additionally, the project will upgrade existing curb ramps to current standards and re-stripe the roadway.

Project Location: Along Antelope Road, between Holland Rd. and Newport Rd.

Estimated Project Schedule: Start 3/2025 – Completion 6/2025, based on the component being funded with RMRA funds.

Estimated Project Useful Life: 15 years
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 8

Menifee Mayor and City Council
May 15, 2024
Page
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4 8
4 8
8 PASSED AND ADOPTED by the City Council of the City of Menifee, State of California this 15th day of May 2024.
__________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.11
Senate Bill 1 List of Projects for Fiscal Year 2024/2025 Item Page Number: 9

Menifee Mayor and City Council
May 15, 2024
Page
801 of 1147

CITY OF MENIFEE
SUBJECT: Agreement with County of Riverside for Fire Services MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Assistant to the City Manager REVIEWED BY: Mark Scoville, Fire Division Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the Cooperative Agreement with the County of Riverside for fire protection, fire prevention, rescue, and emergency medical services provided by CAL FIRE in the City of Menifee for Fiscal Years 2024/2025 through 2026/2027 for total estimated cost of $60,548,973.

DISCUSSION
Since the City of Menifee’s incorporation, fire protection, fire prevention, rescue, and emergency medical services have been provided by CAL FIRE through a Cooperative Agreement (“Agreement”) with the County of Riverside. The Agreement between the City of Menifee and the County of Riverside, renewed in November 2021, is set to expire on June 30, 2024. On April 3, 2024, a workshop was held with the City Council to review and discuss the fire services provided to Menifee by CAL FIRE/Riverside County Fire. The proposed Agreement would enable the City to continue to have CAL FIRE/Riverside County Fire provide fire services for the next three years, extending from July 1, 2024, through June 30, 2027.

To match Menifee’s population growth, the City has made significant investments in expanding fire services, including enhancement of facilities, procurement of equipment, and recruitment of personnel to bolster fire suppression capabilities, and community fire risk reduction and prevention efforts in the last five years. These investments, listed below, have helped reduce response times as call volume has continued to increase along with population growth as shown Graph 1 on the following page.
•Acquisition of a new fire ladder truck – August 2021
•Addition of second medic squad at Fire Station 7 – September 2022 •Improvements to Fire Station 68 (enhancements to living areas to accommodate additional personnel) – August 2023
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 1

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May 15, 2024
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City of Menifee Staff Report
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May 15, 2024

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•Addition of an emergency medical services specialist and fire safety specialist – 2023 •Acquisition of a new medic patrol truck - May 2023
•Replacement of Fire Station 5 – scheduled completion Fall 2024 •Improvements to Fire Station 76 (enhancements to living area to accommodate additional personnel) – construction scheduled to commence June 2024 GRAPH 1- FIRE SERVICES CALLS FOR SERVICE/RESPONSE TIMES Under the terms of the proposed Agreement, CAL FIRE/Riverside County Fire would continue to provide the personnel required to support fire protection, fire prevention, rescue, and emergency medical services with a combination of City owned and County owned and operated facilities and equipment including:
•Four Fire stations (City Owned)
•Four Fire engines (County owned)
•Ladder truck (City owned with access to County reserve units) •Medic patrol truck (City owned)
•Medic squad vehicle (City owned with access to County reserve units) •Four-wheel drive utility vehicle (County owned)
•Urban search and rescue unit vehicle and equipment (County owned) The cost estimate for Fiscal Year (FY) 2024/2025 includes one-time cost savings resulting from a supplemental pension payment incorporated within the proposed state budget. This one-time cost savings of $763,828 (from $19,918,691 to $19,154,863) would be placed within a vehicle reserve fund to help fund future fire vehicle needs for the City.

Beginning in November 2024, CAL FIRE/Riverside County Fire will be shifting from a 72-hour to a 66-hour workweek adding a fire captain and two firefighters to support operations. This change in staffing aligns with industry standards, designed to improve safety and fire fighter retention efforts. Incorporating the increased staffing complement required to support a 66-hour workweek Item Title: 10.12
Agreement with County of Riverside for Fire Services
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May 15, 2024
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for a full year, the projected operational cost under the terms of the Agreement in FY2025/2026 and FY2026/2027 would increase to $20,697,055.

GRAPH 2 – FY2024/2025-FY2026/2027 CAL FIRE/RIV. COUNTY FIRE CONTRACT COST * FY2024/2025 estimated budget includes one-time cost savings resulting from a supplemental pension payment incorporated within the proposed state budget.

It is anticipated that a fire engine would be needed to support the new fire station included as part of the Menifee Valley Specific Plan Development Agreement (MVSP DA) approved by the City Council on February 21, 2024. Additionally, as calls for service continue to increase with the City’s growth it is expected that there will be a need for a third medic squad in the City. Given that the projected cost for a fully equipped fire engine is $2,000,000 and the cost of a fully equipped medic squad vehicle is $400,000, staff recommend placing the anticipated one-time savings in a vehicle reserve fund as part of the proposed FY2024/2025 mid-cycle budget adjustment. This would help to provide for the acquisition of a new fire engine and/or medical squad vehicle within the next three to five years.

The staffing levels established in the attached Agreement for FY2024/2025 through FY2026/2027 are outlined in Exhibit “A. The Agreement also includes terms for services provided by the Office of the Fire Mashal outlined in Exhibit “D” and terms for Fire Engine use and maintenance outlined in Exhibit “C”. While the cost estimates outlined in Exhibit “A” are based on the top-step for all authorized personnel, the City is only charged for the actual cost of service. Graph 3 on the following page shows the budget compared to actual cost of fire services for the five-year period extending from July 1, 2018, through June 30, 2023.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 3

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May 15, 2024
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GRAPH 3 - BUDGET VS ACTUAL EXPENDITURES
The proposed Agreement is structured to allow for service expansion as needed throughout the term of the Agreement. Future expansion of fire services, including facilities, equipment and personnel would be guided by development trends, shifts in population density, infrastructure enhancements, and regional fire station expansion, considered in conjunction with the service delivery objectives outlined by CAL FIRE/Riverside County Fire Department. These objectives include:
•Maintaining an average emergency response time of 5 minutes or less, achieved 90% of the time.
•Proactively engaging in community risk reduction through fire prevention and risk assessment.
•Providing “zero-minute” response for life safety through community engagement programs.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.12
Agreement with County of Riverside for Fire Services
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FISCAL IMPACT
The fiscal impact for the proposed Agreement with the County of Riversides is based upon the actual cost of providing fire service as outlined in Exhibit “A” for an estimated total cost of $60,548,973 over the three-year period extending from July 1, 2024, through June 30, 2027. Funding for FY2024/2025 is available within the FY2024/2025 adopted budget, supported by the General Fund and Quality of Life Measure DD. Funding for future fiscal years would be budgeted as part of their respective year’s budget.

The projected one-time cost savings totaling $763,828 from the adopted budget in FY2024/2025 would be placed within a vehicle reserve fund to provide for the acquisition of a new fire engine and/or medical squad vehicle as part of the proposed FY2024/2025 mid-cycle budget adjustment.

TABLE 1 – FISCAL IMPACT
Fiscal Year Account No. Cost of Agreement
2024/2025 100/105-4445-52856 $19,154,863
2025/2026 100/105-4445-52856 $20,697,055
2026/2027 100/105-4445-52856 $20,697,055
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Proposed Cooperative Agreement (2024-2027)

2. Current Cooperative Agreement (2021-2024)
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 5

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May 15, 2024
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Cooperative Fire Agreement
City of Menifee
July 1, 2024 to June 30, 2027

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A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE , FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE

THIS AGREEMENT (“Agreement”), made and entered into this ____ day of ______________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”) and the City of Menifee, a municipal corporation (hereinafter referred to as “CITY”), whereby it is agreed as follows:

SECTION I: PURPOSE

The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”) to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code section 55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION II: DESIGNATION OF FIRE CHIEF

A. The County Fire Chief appointed by the County Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”) , shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A,” attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.

B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (“Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit “A .”

C. The Chief Deputy County Fire shall be the COUNTY Contract Administrator and is the liaison for the administration of this agreement.

D. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. This flexibility shall include staffing challenges . The CITY shall be notified of a ny changes in classifications provided that differ from the Exhibit “A.” Item Title: 10.12
Agreement with County of Riverside for Fire Services
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Cooperative Fire Agreement
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July 1, 2024 to June 30, 2027

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SECTION III: PAYMENT FOR SERVICES

A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY.

B. COUNTY provides fire personnel an d services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days ’ written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; (3) The number of employees, by classification, affected by the proposed increase or decrease ; and (4) the date the Notice is sent to COUNTY. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will CO UNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdict ions.

COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represe nted as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount speci fied therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, spec ifying the services to be reduced.

Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Item Title: 10.12
Agreement with County of Riverside for Fire Services
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Cooperative Fire Agreement
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Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of C ITY, and an amendment to Exhibit s “A” and “C” approved by the parties hereto.

E. Chief Deputy County Fire, as the COUNTY Contract Administrator, may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A” or “C” on behalf of CITY.

F. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services.

G. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement .

H. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.

I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure or is requested by the CITY , the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Two Hundred Eighty- Five Dollars ($2,285) per day , or Fifteen Thousand Nine Hundred Ninety-Five Dollars ($15,995) per week, not including equipment .

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services , if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit “D”), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees For Land Use and Related Functions ). Any services not provided for under Ordinance No. 671 will be at a cost to the CITY based upon the COUNTY -approved productive hourly rate for cost recovery.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
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Cooperative Fire Agreement
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K. In the event that a COUNTY owned squad, patrol (Type VI), or light vehicle is requested by the CITY for temporary operational use, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY squad, patrol (Type VI), or light vehicle, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY squad, patrol (Type VI) or light vehicle as follows.

1. The squad rental fee shall be Fifty-two Dollars ($52) per day ; or Three Hundred Sixty-two Dollars ($362) per week, not including equipment or fuel.

2. The patrol rental fee shall be Sixty-seven Dollars ($67) per day ; or Four Hundred Seventy-one Dollars ($471) per week, not including equipment or fuel .

3. The light vehicle rental fee shall be T wenty-nine Dollars ($29) per day; or Two Hundred Four Dollars ($204) per week, not including equipment or fuel.

SECTION IV: INITIAL TERM AND AMENDMENT

A. The term of this Agreement shall be from July 1, 20 24, to June 30, 2027.

B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement.

SECTION V: TERMINATION

During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code section 55603.5.

SECTION VI: COOPERATIVE OPERATIONS

All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.

SECTION VII: MUTUAL AID

Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health Item Title: 10.12
Agreement with County of Riverside for Fire Services
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Cooperative Fire Agreement
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July 1, 2024 to June 30, 2027

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and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY

As provided in Health and Safety Code section 13009 , County Ordinance No. 787.10, Section 5 .D.2., and California Fire Code , COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Gove rnment Code section 53150 et seq . as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING

All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.

SECTION X: FACILITY

CITY shall provide Fire Station (s), strategically located to provide standard response time within the City of Menifee from which fire operations shall be conducted.

If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY’s cost and expense. In the event C ITY requests C OUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to C OUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 10

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Cooperative Fire Agreement
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SECTION XI: INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, t axable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any appro ved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kin d or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including th e cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT

A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit recor ds in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7.)

B. Each party shall bear their own costs in performing a requested audit.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
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Cooperative Fire Agreement
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SECTION XIII: DISPUTES

CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief or County Contract Administrator that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v.

Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that v enue for litigation shall be in the Superior Court of Riverside County . Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims that involve CAL FIRE employees, the claims shall be submitted to State of California Office of Risk and Insurance Management Department of General Services directly for processing.

SECTION XIV: ATTORNEYS’ FEES

If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

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Agreement with County of Riverside for Fire Services
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SECTION XV: DELIVERY OF NOTICES

Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE CITY OF MENIFEE
Riverside County Fire Chief City Manager
210 West San Jacinto Ave nue 29714 Haun Road
Perris, CA 92570 Menifee, CA 92586

Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

SECTION XVI: PUBLIC RECORDS ACT REQUESTS

The parties understand and acknowledge that, as public agencies, COUNTY and CITY are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, non -exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

SECTION XVII: ELECTRONIC SIGNATURE

This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.

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Agreement with County of Riverside for Fire Services
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SECTION XVIII: ENTIRE CONTRACT

This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services.

[Signature Provisions on following page]

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IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF MENIFEE

Dated: ___________________________ By: _____________________________ Armando G. Villa, City Manager

ATTEST: APPROVED AS TO FORM:

By: _____________________________ By: _____________________________ Stephanie Roseen , Acting City Clerk Jeffrey T. Melching, City Attorney

COUNTY OF RIVERSIDE , a political
subdivision of the State of California

Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors

ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel

By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Coun sel

Contract Cities \COOPERATIVE AGREEMENT \TEMPLATE \COOPERATIVE AGREEMENTS \DRAFTS\TEMPLATE COOPERATIVE AGREEMENT DRAFT 202 40101.docx Item Title: 10.12
Agreement with County of Riverside for Fire Services
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CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

MEDICS TOTALS
STA. #5
Medic Engine 538,523 2 474,731 2 466,528 2 1,479,782 6
STA. #7
Medic Engine 538,523
2 474,731 2 466,528 2 1,479,782 6
Medic Patrol 474,731 2 267,899 1 466,528 2 1,209,158 5
Medic Squad 712,096 3 699,793 3 1,411,889 6
STA. #68
Medic Engine 538,523
2 474,731 2 466,528 2 1,479,782 6
STA. #76
Medic Engine 538,523
2 474,731 2 466,528 2 1,479,782 6
*(Medic Truck City) 269,261 1 474,731 2 410,127 2 699,793 3 1,853,912 8 *(Medic Truck County) *0 2 *0 1 *0 1 4
Fixed Relief 269,261 1 237,365 1 233,264 1 739,891 3
Vacation Relief 269,261 1 302,696 1 535,797 2 466,528 2 1,574,283 6 66–HR Workweek 269,261 1 410,127 2 679,389 3
SUBTOTALS 3,231,138 302,696 3,797,846 803,696 820,254 4,432,019 13,387,649 14 1 17 3 5 19 59
114,663 114,663 1
145,731 145,731 1
210,212 210,212 1
205,757 205,757 1
183,114 366,228 2
159,587 319,173 2
SUBTOTAL $1,361,765 67
26,620 1,604,363 60.27
9,914 9,914 1
13,898 2,720 338,686 23
7,655 451,616 59

36.51 26,489 605,978
81,675 367,539 4.5

38.08 27,633 632,123
3,151 11,857 96,784
4,107,003
153,446
36,250 145,000 4
19,154,863
4 59.00
13,696 1.27
23 ** 60.27
7 4
15 SUBTOTAL STAFF
EXHIBIT "A"

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED APRIL 1, 2024 FOR FY2024/2025
*See notation below for estimate assumptions
EXECUTIVE ASSISTANT II (PCN 00144687)
EMS SPECIALIST (PCN 00140932)
FIRE SAFETY SUPERVISOR (PCN 00130512) each
FIRE SAFETY SPECIALIST (PCN 00130629, 00140931) each
each
each
each
Volunteer Program (Schedule B) per Entity Allocation
Medic Program (Schedule C) Medic FTE and per Defib
ECC Support (Schedule E) per Call and per Station
FIRE SYSTEMS INSPECTOR (PCN 00131567, 00137334) each
Administrative/Operational (Schedule A) per assigned Staff ** SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Battalion Chief Support (Schedule D) per Fire Station Staff

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
Monitors/Defibs
Hazmat Stations

ESTIMATED CITY BUDGET
*Truck at St. #76 split funded with Riverside County and City of Menifee.

Fire Stations Assigned Staff
Number of Hazmat Calls
DEPUTY FIRE MARSHAL (00144665)

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
FY24/25 EXHIBIT "A"

CITY OF MENIFEE

Page 1 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 16

Menifee Mayor and City Council
May 15, 2024
Page
817 of 1147

381,708 36,250
376,698 26,620
315,635 9,914
269,261 13,898
302,696 2,720
237,365 7,655
267,899 26,489
205,064 36.51
233,264 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Procurement
Training Public Affairs / Education
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL
FY 24/25 POSITION SALARIES TOP STEP

VOL DEL
Telephone Service Medical-Dental Supp
Household Expense Other Medical Care M

HAZMAT CALLS

FIRE SAFETY SPECIALIST

DEPUTY FIRE MARSHAL FACILITY STATION

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION

HAZMAT VEHICLE REPLACEMENT

OFFICE ASSISTANT III
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY 24/25 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and Im
Pager Service Maint-Extermination

FIRE SYSTEMS INSPECTOR

FIRE SAFETY SUPERVISOR

FF II/MEDIC

BAT CHIEF
support functions
Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement

FLEET SUPPORT

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS
Maint-Underground Tanks Improvements-Buildin
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permits
Laundry Services Office Equip Non Fixe
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
FY24/25 EXHIBIT "A"

CITY OF MENIFEE

Page 2 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 17

Menifee Mayor and City Council
May 15, 2024
Page
818 of 1147

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

MEDICS TOTALS
STA. #5
Medic Engine 597,630 2 526,675 2 518,149 2 1,642,454 6
STA. #7
Medic Engine 597,630
2 526,675 2 518,149 2 1,642,454 6
Medic Patrol 526,675 2 297,615 1 518,149 2 1,342,438 5
Medic Squad 790,012 3 777,223 3 1,567,235 6
STA. #68
Medic Engine 597,630
2 526,675 2 518,149 2 1,642,454 6
STA. #76
Medic Engine 597,630
2 526,675 2 518,149 2 1,642,454 6
*(Medic Truck City) 298,815 1 526,675 2 455,010 2 777,223 3 2,057,723 8 *(Medic Truck County) *0 2 *0 1 *0 1 4
Fixed Relief 298,815 1 263,337 1 259,074 1 821,227 3
Vacation Relief 298,815 1 330,385 1 595,230 2 518,149 2 1,742,579 6 66–HR Workweek 298,815 1 455,010 2 753,825 3
SUBTOTALS 3,585,782 330,385 4,213,397 892,844 910,020 4,922,413 14,854,841 14 1 17 3 5 19 59
114,663 114,663 1
145,731 145,731 1
210,212 210,212 1
205,757 205,757 1
183,114 366,228 2
159,587 319,173 2
SUBTOTAL $1,361,765 67
26,620 1,604,363 60.27
9,914 9,914 1
13,898 2,720 338,686 23
7,655 451,616 59

36.51 26,489 605,978
81,675 367,539 4.5

38.08 27,633 632,123
3,151 11,857 96,784
4,107,003
153,446
55,000 220,000 4
20,697,055
4 59.00
13,696 1.27
23 ** 60.27
7 4
15 EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED APRIL 1, 2024 FOR FY2025/2026
EXECUTIVE ASSISTANT II (PCN 00144687) each
EMS SPECIALIST (PCN 00140932) each
DEPUTY FIRE MARSHAL (00144665) each
*See notation below for estimate assumptions

SUBTOTAL STAFF
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) per Entity Allocation
FIRE SAFETY SUPERVISOR (PCN 00130512) each
FIRE SAFETY SPECIALIST (PCN 00130629, 00140931) each
FIRE SYSTEMS INSPECTOR (PCN 00131567, 00137334) each
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
Medic Program (Schedule C) Medic FTE and per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station

ESTIMATED CITY BUDGET
*Truck at St. #76 split funded with Riverside County and City of Menifee.

Fire Stations Assigned Staff

SUPPORT SERVICES ESTIMATE SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Number of Hazmat Calls
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
Monitors/Defibs
Hazmat Stations
FY25/26 EXHIBIT "A"

CITY OF MENIFEE

Page 3 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 18

Menifee Mayor and City Council
May 15, 2024
Page
819 of 1147

424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Procurement
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Training Public Affairs / Education
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 25/26 POSITION SALARIES TOP STEP

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

FF II/MEDIC FLEET SUPPORT

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS

FIRE SAFETY SUPERVISOR HAZMAT CALLS

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III

DEPUTY FIRE MARSHAL FACILITY STATION

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

EXECUTIVE ASSISTANT II HAZMAT STATION
Cellular Phone Maint-Building and Im
Pager Service Maint-Extermination
Telephone Service Medical-Dental Supp
*Cost Assumptions:
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY 25/26 DIRECT BILL ACCOUNT CODE
Laundry Services Office Equip Non Fixe
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Household Expense Other Medical Care M
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permits
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Buildin
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
FY25/26 EXHIBIT "A"

CITY OF MENIFEE

Page 4 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 19

Menifee Mayor and City Council
May 15, 2024
Page
820 of 1147

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

36.51 26,489 605,978
81,675 367,539 4.5

38.08 27,633 632,123
3,151 11,857 96,784
4,107,003
153,446
55,000 220,000 4
20,697,055
4 59.00
13,696 1.27
23 ** 60.27
7 4
15 EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED APRIL 1, 2024 FOR FY2026/2027
EXECUTIVE ASSISTANT II (PCN 00144687) each
EMS SPECIALIST (PCN 00140932) each
DEPUTY FIRE MARSHAL (00144665) each
*See notation below for estimate assumptions

ESTIMATED CITY BUDGET
*Truck at St. #76 split funded with Riverside County and City of Menifee.

Fire Stations Assigned Staff

SUPPORT SERVICES ESTIMATE SUBTOTAL

CITY OF MENIFEE

Page 5 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 20

Menifee Mayor and City Council
May 15, 2024
Page
821 of 1147

Training Public Affairs / Education
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 26/27 POSITION SALARIES TOP STEP

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

FF II/MEDIC FLEET SUPPORT

ADMIN SVCS ANALYST II COMM/IT STATION

ADMIN SVCS ASST COMM/IT CALLS

ENG BC SUPPORT

ENG/MEDIC ECC STATION

FF II ECC CALLS

FIRE SAFETY SUPERVISOR HAZMAT CALLS

FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR

OFFICE ASSISTANT III

DEPUTY FIRE MARSHAL FACILITY STATION

EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE

FY 26/27 DIRECT BILL ACCOUNT CODE
Laundry Services Office Equip Non Fixe
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Household Expense Other Medical Care M
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Permits
Maint-Service Contracts Water
Maint-Telephone Interfnd Exp-Utilities
Maint-Underground Tanks Improvements-Buildin
Maint-Copier Machines Awards/Recognition
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
FY26/27 EXHIBIT "A"

CITY OF MENIFEE

Page 6 of 6 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 21

Menifee Mayor and City Council
May 15, 2024
Page
822 of 1147

FY24/25 Exhibit “C”

CITY OF MENIFEE
July 1, 2024 – June 30, 2027

Page 1 of 2 ends

EXHIBIT “C”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE , FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY MENIFEE
DATED JULY 1, 2024

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT

Station 5
Engine E5, RCO No. 06-801 (VIN: 4S7CT2D905C051107)

Station 7
Engine E 7, RCO No. 19-804 (VIN: 4S9BDETA7JB419246)

Station 68
Engine E68, RCO No. 15-839 (VIN: 4S7CT2D94EC079069)

Station 76
Engine E76, RCO No. 15-845 (VIN: 4S7CT2D95EC079064)

The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any respons ibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is insepa rable.

The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 22

Menifee Mayor and City Council
May 15, 2024
Page
823 of 1147

FY24/25 Exhibit “C”

CITY OF MENIFEE
July 1, 2024 – June 30, 2027

Page 2 of 2 ends

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s) ; and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725, 000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. Replacement cost is subject to change based on current Type I Fire Engine cost. See each respective fiscal year’s Exhibit “A” for current Fire Engine Use Agreement costs.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within the ir useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 23

Menifee Mayor and City Council
May 15, 2024
Page
824 of 1147

Exhibit “D”

CITY OF MENIFEE
July 1, 2024 – June 30, 2027

Page 1 of 2 ends

EXHIBIT “D”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE DATED JULY 1, 2024

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT

The Fire Marshal Agreement is utilized i n the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include:

For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY
• Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235
• Review, Permitting and Inspection of Special Events
• Investigation of fire safety complaints
• Meeting with development applicants and customers

Administrative activities -
• Creation and maintenance of f orms for review and inspection of c onstruction development and fire/life safety inspections.
• Provide i nformation to customers on CITY Ordinances and Standards for construction
• Creation and maintenance of Information Bulletins , Technical Policies and Standards for Fire Protection in the CITY
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety

In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase.

COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section.

It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards . These supplies include, but are not limited to:
• Vehicle and regular maintenance
• Training
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 24

Menifee Mayor and City Council
May 15, 2024
Page
825 of 1147

Exhibit “D”

CITY OF MENIFEE
July 1, 2024 – June 30, 2027

Page 2 of 2 ends

• Office space , furniture, Code & Standard reference books, and general & field supplies
• All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs

All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.

The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year.

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.

F:\data\RRU County Finance\Contract Cities\EXHIBIT D ~ Fire Marshal Services\FY 2024-2025\Exhibit D - Menifee 20240701.docx Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 25

Menifee Mayor and City Council
May 15, 2024
Page
826 of 1147

A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE
THIS AGREEMENT, made and entered into this2.1l'day of Do.JvW 2021, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as "COUNTY"), and the City of Menifee a duly created city (hereinafter referred to as "CITY"), whereby it is agreed as follows:

SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE"), to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter referred to as "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code sections §55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION 11: DESIGNATION OF FIRE CHIEF
A The County Fire Chief appointed by the Board of Supervisors, or his/her designee (hereinafter referred to as "Chief'), shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.·
B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (hereinafter referred to as "Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chiefs duly authorized designee, and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A".

C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein.

OCT 2 6 2021 3.�
Cooperative Fire Agreement
City of Menifee
November 1, 2021 lo June 30, 2024
1 of9
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 26

Menifee Mayor and City Council
May 15, 2024
Page
827 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

2 of 9
SECTION III: PAYMENT FOR SERVICES

A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY–requested increase or reduction in services is approved by COUNTY.

If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors–approved staffing level for any fire station, or to reduce ser vices to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the i ncrease or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount speci fied therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced.

Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expe nses occurring after signing this Agreement and set forth in Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 27

Menifee Mayor and City Council
May 15, 2024
Page
828 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

3 of 9
Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit “A” approved by the parties hereto.

E. Chief may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A” or “C” on behalf of CITY.

F. __N/A__ [ ]
(Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services.

G. _______ [ X ]
(Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.

H. _______ [ X ]
(Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.

I. Notwithstanding Paragraph G , as it relates to the Fire Engine Use Agreement, herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this A greement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge, up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Fifty-Five Dollars ($2,055) per day or Fourteen Thousand Three Hundred Eighty-Four Dollars ($14,384) per week.

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D) , the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 at a cost to the owner as outlined in COUNTY Ordinance No. 671(Establishing Consolidated Fees For Land Use and Related Functions).

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 28

Menifee Mayor and City Council
May 15, 2024
Page
829 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

4 of 9
SECTION IV: INITIAL TERM AND AMENDMENT

A. The term of this Agreement shall be from November 1, 2021, to June 30, 2024.

SECTION V: TERMINATION

During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5.

SECTION VI: COOPERATIVE OPERATIONS

SECTION VII: MUTUAL AID

Pursuant to Health and Safety Code sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY

As provided in Health and Safety Code section 13009 , Riverside County Ordinance No. 787, section 5.E.2., and California Fire Code, COUNTY may bring an action for collection of s uppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code s ection 53150, et seq ., as may be Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 29

Menifee Mayor and City Council
May 15, 2024
Page
830 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

5 of 9
amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING

SECTION X: FACILITY

CITY shall provide Fire Station( s), strategically located to provide standard response time within the Ci ty of Menifee from which fire operations shall be conducted.

SECTION XI: INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, t axable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities" ). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 30

Menifee Mayor and City Council
May 15, 2024
Page
831 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

6 of 9
To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervis ors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities" ). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT

A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours . COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (E.g., Gov. Code, §8546.7).

B. Each party shall bear its own costs in performing a requested audit.

SECTION XIII: DISPUTES

CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 31

Menifee Mayor and City Council
May 15, 2024
Page
832 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

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mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. Th e parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4 th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that v enue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this section or claims by third parties that are made against the COUNTY , shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.

SECTION XIV: ATTORNEYS’ FEES

If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

SECTION XV: DELIVERY OF NOTICES

Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE CITY OF MENIFEE
Riverside County Fire Chief City Manager
210 West San Jacinto Avenue City of Menifee
Perris, CA 92570 29714 Haun Road
Menifee, CA 92586

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 32

Menifee Mayor and City Council
May 15, 2024
Page
833 of 1147

Cooperative Fire Agreement
City of Menifee
November 1, 2021 to June 30, 2024

8 of 9
SECTION XVI: ELECTRONIC SIGNATURE

This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal.

Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

SECTION XV: ENTIRE CONTRACT

[Signature Provisions on following page]

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 33

Menifee Mayor and City Council
May 15, 2024
Page
834 of 1147

(SEAL)

COUNTY OF RIVERSIDE
Dated: __ O_CT_2_6__,;2a;..;;;..0:.:.21 __ _ By: KtVi.,_,,.___, ...s. �L thair, Board of Superviors
ATTEST:

KECIA HARPER
Clerk of the Board

KAREN SPIEGEL
APPROVED AS TO FORM:

GREGORY P. PRIAMOS,
County Counsel
By�/}1�
By:�/C..�
MELISSA R. CUSHMAN
Deputy County Counsel
(SEAL)
,,.. -/IRI I Co11nl)' f- c· ... ,_, nu .. COOl'EM.111"EAGRF.EM£NT11-:MPUTE (YJ(Jl'l!/IATll"EIICi/iElfJ.tF.NnTfMPT.1111-:0HH'f:RAnl'J-: AGll>:J-:Jllr:NT!0!/0]/6dr>a Coope"""'9 Fite Agreement
City al Menifee
Mwember 1, 2021 to June 30, 2024
110,11
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 34

Menifee Mayor and City Council
May 15, 2024
Page
835 of 1147

$13,206,753
$13,830,009
$14,483,972
$41,520,735TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024 FISCAL YEAR 2022/2023
FISCAL YEAR 2023/2024
EXHIBIT "A"

CITY BUDGETED COST ESTIMATE
FISCAL YEAR 2021/2022

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED JULY 1, 2021 FOR FY2021/2022 THRU FY2023/2024

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 35

Menifee Mayor and City Council
May 15, 2024
Page
836 of 1147

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

MEDICS TOTALS
STA. #5
Medic Engine 450,542 2 396,564 2 399,919 2 1,247,026 6
STA. #7
Medic Engine 450,542 2 396,564 2 399,919 2 1,247,026 6
Medic Squad 396,564 2 226,431 1 399,919 2 1,022,915 5
STA. #68
Medic Engine 450,542 2 396,564 2 399,919 2 1,247,026 6
STA. #76
Medic Engine 450,542 2 396,564 2 399,919 2 1,247,026 6
*(Medic Truck City) 225,271 1 396,564 2 347,662 2 599,879 3 1,569,376 8 *(Medic Truck County) *0 2 *0 1 *0 1 4
Fixed Relief 225,271 1 198,282 1 199,960 1 623,513 3
Vacation Relief 225,271 1 254,658 1 452,862 2 399,919 2 1,332,711 6 SUBTOTALS 2,477,982 254,658 2,577,668 679,293 347,662 3,199,355 9,536,619 13 1 14 3 3 16 50
263,060 263,060 1
FIRE SAFETY SUPERVISOR (PCN 00130512) 173,935 173,935 1 161,564 161,564 1
141,812 425,437 3
SUBTOTAL $1,023,996 56
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 16,082 820,195 51 Volunteer Program (Schedule B) 5,504 5,504 1
Medic Program (Schedule C) 10,648 Medic FTE and 1,370 per Defib 221,177 20 ECC Support (Schedule E) 28.12 per Call and 18,529 per Station 395,985 Fleet Support (Schedule F) 65,330 293,987 4.5
Comm/IT Support (Schedule G) 41.21 per Call and 27,160 per Station 580,357 Hazmat Support (Schedule I) 1,096 per Call and 4,468 per Station 43,869 2,361,073
140,065
36,250 145,000 4
13,206,753

4.0 Fire Stations 51.00 Assigned Staff
11,448 Number of Calls 0.00 Battalion Chief Support
20 Assigned Medic FTE ** 51.00 Total Assigned Staff
6 Monitors/Defibs
4 Hazmat Stations
22 Number of Hazmat Calls
*Truck at St. #76 split funded with Riverside County and City of Menifee.

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine

ESTIMATED CITY BUDGET
FIRE SAFETY INSPECTOR (PCN 00131567)
per assigned Staff **
Per Entity Allocation
per Fire Suppression Equip

SUPPORT SERVICES SUBTOTAL

SUBTOTAL STAFF
BATTALION CHIEF each
FIRE SAFETY SPECIALIST (PCN 00130629)
Add a two (2) Fire Safety Inspector per City's letter dated Add FFII Medic per city letter Dated May 18, 2021
*See notation below for estimate assumptions
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED JULY 1, 2021 FOR FY2021/2022
FY21/22 EXHIBIT "A"

CITY OF MENIFEE

Page 2 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 36

Menifee Mayor and City Council
May 15, 2024
Page
837 of 1147

SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.

Accounting Office Supplies/Equip.

Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance FY 21/22 POSITION SALARIES TOP STEP (per assumptions below) 316,514 36,250
312,336 16,082
263,060 5,504
225,271 10,648
254,658 1,370
198,282 78,644
226,431 18,529
173,831 28.12
199,960 65,330
173,935 27,160
161,564 41.21
141,812 1,442
83,148 418.92
94,600 4,468
179,773 COUNTY DEPUTY FIRE MARSHAL 1,095.74
1,891
520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Maint-Kitchen Equipment
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvement
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
- Estimated Support Services based on assumptions above FY 21/22 DIRECT BILL ACCOUNT CODES
Cellular Phone
Pager Service
Telephone Service

HAZMAT CALLS

HAZMAT VEHICLE REPLACEMENT
*Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.

FIRE SYSTEMS INSPECTOR FACILITY STATION

OFFICE ASSISTANT III FACILITY FTE

SECRETARY I HAZMAT STATION

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SUPERVISOR COMM/IT STATION

FIRE SAFETY SPECIALIST COMM/IT CALLS

ENG BATT DEL

ENG/MEDIC ECC STATION

FF II ECC CALLS

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
Hazmat Program - Support staff, operating costs, and vehicle replacement

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL
Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

FY21/22 EXHIBIT "A"

CITY OF MENIFEE

Page 3 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 37

Menifee Mayor and City Council
May 15, 2024
Page
838 of 1147

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

MEDICS TOTALS
STA. #5
Medic Engine 473,069 2 416,393 2 419,915 2 1,309,377 6
STA. #7
Medic Engine 473,069 2 416,393 2 419,915 2 1,309,377 6
Medic Squad 416,393 2 237,752 1 419,915 2 1,074,060 5
STA. #68
Medic Engine 473,069 2 416,393 2 419,915 2 1,309,377 6
STA. #76
Medic Engine 473,069
2 416,393 2 419,915 2 1,309,377 6
*(Medic Truck City) 236,535 1 416,393 2 365,045 2 629,873 3 1,647,845 8 *(Medic Truck County) *0 2 *0 1 *0 1 4
Fixed Relief 236,535 1 208,196 1 209,958 1 654,689 3
Vacation Relief 236,535 1 267,391 1 475,505 2 419,915 2 1,399,346 6 SUBTOTALS 2,601,882 267,391 2,706,551 713,257 365,045 3,359,323 10,013,450 13 1 14 3 3 16 50
276,213 276,213 1
FIRE SAFETY SUPERVISOR (PCN 00130512) 177,414 177,414 1 164,796 164,796 1
144,649 433,946 3
SUBTOTAL $1,052,368 56
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 16,886 861,204 51 Volunteer Program (Schedule B) 5,779 5,779 1
Medic Program (Schedule C) 11,180 Medic FTE and 1,439 per Defib 232,235 20 ECC Support (Schedule E) 29.52 per Call and 19,455 per Station 415,784 Fleet Support (Schedule F) 68,597 308,686 4.5
Comm/IT Support (Schedule G) 43.27 per Call and 28,518 per Station 609,374 Hazmat Support (Schedule I) 1,151 per Call and 4,691 per Station 46,063 2,479,127
140,065
36,250 145,000 4
13,830,009

SUBTOTAL STAFF
BATTALION CHIEF each
EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
FIRE SAFETY SPECIALIST (PCN 00130629)
*See notation below for estimate assumptions

SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
per Fire Suppression Equip
FIRE SAFETY INSPECTOR (PCN 00131567)
per assigned Staff **
Per Entity Allocation
FIRE ENGINE USE AGREEMENT each engine

ESTIMATED CITY BUDGET
*Truck at St. #76 split funded with Riverside County and City of Menifee.

FY22/23 EXHIBIT "A"

CITY OF MENIFEE

Page 4 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 38

Menifee Mayor and City Council
May 15, 2024
Page
839 of 1147

SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.

Accounting Office Supplies/Equip.

Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) 332,340 36,250
327,953 16,886
276,213 5,779
236,535 11,180
267,391 1,439
208,196 82,576
237,752 19,455
182,523 29.52
209,958 68,597
177,414 28,518
164,796 43.27
144,649 1,514
84,811 439.86
96,492 4,691
183,369 COUNTY DEPUTY FIRE MARSHAL 1,150.52
1,986
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY21/22. 520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing Hazmat Program - Support staff, operating costs, and vehicle replacement as part of their contracted services.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT

ENG BATT DEL

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SUPERVISOR COMM/IT STATION

FIRE SAFETY SPECIALIST COMM/IT CALLS

HAZMAT CALLS

HAZMAT VEHICLE REPLACEMENT
*Cost Assumptions:

FIRE SYSTEMS INSPECTOR FACILITY STATION

OFFICE ASSISTANT III FACILITY FTE

SECRETARY I HAZMAT STATION
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.

FY 22/23 DIRECT BILL ACCOUNT CODE
Cellular Phone
Pager Service
Telephone Service
Household Expense
Appliances
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvement
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
Maint-Kitchen Equipment
Maint-Office Equipment
FY22/23 EXHIBIT "A"

CITY OF MENIFEE

Page 5 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 39

Menifee Mayor and City Council
May 15, 2024
Page
840 of 1147

CAPTAINS CAPTAIN

MEDICS ENGINEERS ENGINEER

MEDICS FF II FFII

MEDICS TOTALS
STA. #5
Medic Engine 496,723 2 437,212 2 440,911 2 1,374,846 6
STA. #7
Medic Engine 496,723 2 437,212 2 440,911 2 1,374,846 6
Medic Squad 437,212 2 249,640 1 440,911 2 1,127,763 5
STA. #68
Medic Engine 496,723 2 437,212 2 440,911 2 1,374,846 6
STA. #76
Medic Engine 496,723
2 437,212 2 440,911 2 1,374,846 6
*(Medic Truck City) 248,361 1 437,212 2 383,297 2 661,367 3 1,730,238 8 *(Medic Truck County) *0 2 *0 1 *0 1 4
Fixed Relief 248,361 1 218,606 1 220,456 1 687,423 3
Vacation Relief 248,361 1 280,761 1 499,280 2 440,911 2 1,469,314 6 SUBTOTALS 2,731,976 280,761 2,841,879 748,920 383,297 3,527,289 10,514,122 13 1 14 3 3 16 50
290,023 290,023 1
FIRE SAFETY SUPERVISOR (PCN 00130512) 180,962 180,962 1 168,091 168,091 1
147,542 442,625 3
SUBTOTAL $1,081,701 56
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 17,731 904,265 51 Volunteer Program (Schedule B) 6,068 6,068 1
Medic Program (Schedule C) 11,739 Medic FTE and 1,511 per Defib 243,847 20 ECC Support (Schedule E) 31.00 per Call and 20,428 per Station 436,573 Fleet Support (Schedule F) 72,027 324,121 4.5
Comm/IT Support (Schedule G) 45.43 per Call and 29,944 per Station 639,843 Hazmat Support (Schedule I) 1,208 per Call and 4,926 per Station 48,366 2,603,083
140,065
36,250 145,000 4
14,483,972

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF MENIFEE
DATED JULY 1, 2021 FOR FY2023/2024
*See notation below for estimate assumptions

SUBTOTAL STAFF
BATTALION CHIEF each
FIRE SAFETY SPECIALIST (PCN 00130629)

SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
per Fire Suppression Equip
FIRE SAFETY INSPECTOR (PCN 00131567)
per assigned Staff **
Per Entity Allocation
FIRE ENGINE USE AGREEMENT each engine

ESTIMATED CITY BUDGET
*Truck at St. #76 split funded with Riverside County and City of Menifee.

FY23/24 EXHIBIT "A"

CITY OF MENIFEE

Page 6 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 40

Menifee Mayor and City Council
May 15, 2024
Page
841 of 1147

SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.

Accounting Office Supplies/Equip.

Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 348,957 36,250
344,350 17,731
290,023 6,068
248,361 11,739
280,761 1,511 MEDIC MONITORS/DEFIBS REPLACEMENT 218,606 86,705
249,640 20,428
191,649 31.00
220,456 72,027
180,962 29,944
168,091 45.43
147,542 1,590
86,507 461.86
98,422 4,926
187,036 COUNTY DEPUTY FIRE MARSHAL 1,208.05
2,085
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY22/23 520230 522340 Station Budgeted Maint-Building and Improvement 520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

DEPUTY CHIEF FIRE ENGINE

DIV CHIEF SRVDEL

BAT CHIEF VOL DEL

CAPT MEDIC FTE

CAPT MEDIC

ENG BATT DEL

ENG/MEDIC ECC STATION

FF II ECC CALLS

FF II/MEDIC FLEET SUPPORT

FIRE SAFETY SUPERVISOR COMM/IT STATION

FIRE SAFETY SPECIALIST COMM/IT CALLS

HAZMAT CALLS

HAZMAT VEHICLE REPLACEMENT
*Cost Assumptions:

FIRE SYSTEMS INSPECTOR FACILITY STATION

OFFICE ASSISTANT III FACILITY FTE

FY 23/24 DIRECT BILL ACCOUNT CODE
Cellular Phone
Pager Service
Telephone Service
Household Expense
Appliances
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvement
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
Maint-Kitchen Equipment
Maint-Office Equipment
FY23/24 EXHIBIT "A"

CITY OF MENIFEE

Page 7 of 7 ends

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 41

Menifee Mayor and City Council
May 15, 2024
Page
842 of 1147

Exhibit “C”

CITY OF MENIFEE

Page 1 of 2 ends

EXHIBIT “C”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY MENIFEE
DATED NOVEMBER 1, 2021

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT

Station 5

Engine E5, RCO No. 06-801 $ 36,250.00

Station
7 Engine
E7, RCO No. 19-804 $ 36,250.00

Station 68

Engine E68, RCO No. 15-839 $ 36,250.00

Station 76

Engine E76, RCO No. 15-845 $ 36,250
.00

$ 155,000.00

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 42

Menifee Mayor and City Council
May 15, 2024
Page
843 of 1147

Exhibit “C”

CITY OF MENIFEE

Page 2 of 2 ends

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 43

Menifee Mayor and City Council
May 15, 2024
Page
844 of 1147

Exhibit “D”

CITY OF MENIFEE

Page 1 of 2 ends

EXHIBIT “D”

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE
DATED NOVEMBER 1, 2021

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT

COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section.

It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards . These supplies include, but are not limited to:
• Vehicle and regular maintenance
• Training
• Office space , furniture, Code & Standard reference books, and general & field supplies
Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 44

Menifee Mayor and City Council
May 15, 2024
Page
845 of 1147

Exhibit “D”

CITY OF MENIFEE

Page 2 of 2 ends

• All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs

All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.

The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty ( 120) days. The costs will be prorated accordingly by services provided and fiscal year.

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.

Contract Cities\EXHIBIT D ~ Fire Marshal Services\Template Exhibit D - 20180215.docx Item Title: 10.12
Agreement with County of Riverside for Fire Services
Item Page Number: 45

Menifee Mayor and City Council
May 15, 2024
Page
846 of 1147

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with All American Asphalt for Construction Services for the Kay Ceniceros Parking Lot Renovation and the La Ladera Park Enhancement Projects
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Evelyn Solano, Engineering Technician II
REVIEWED BY: Nicolas Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with All American Asphalt for construction services for the Kay Ceniceros Parking Lot Renovation Project, Capital Improvement Program (CIP) Project No. CIP 24-06 and the La Ladera Park Enhancements Project, CIP Project No. CIP 24-12, in a total not-to-exceed amount of $121,999.

DISCUSSION
The Kay Ceniceros Parking Lot Renovation Project, CIP No. 24-06 and the La Ladera Park Enhancements Project, CIP No. 24-12 (“Projects”), aim to enhance the existing infrastructure at the Kay Ceniceros Senior Center and La Ladera Park by providing improvements to the parking lots at both locations. The Projects would be performed in two parts to include the application of crack sealing followed by application of type I slurry seal to the current pavement. Crack sealing work would be performed two months ahead of slurry sealing efforts to ensure proper curing of the crack sealant. The Projects would also include the removal and replacement of pavement sections in both parking lots, as necessary.

The Projects were formally bid under a single solicitation to take advantage of savings related to mobilization costs and quantity discounts for required materials. On April 11, 2024, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Projects. The bid opening resulted in the receipt of five bid submissions with several bids coming in under the Engineer’s Estimate, as summarized in Table 1 on the following page.

Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
847 of 1147

City of Menifee Staff Report
CIP 24-06 & CIP 24-12 All American Asphalt Bid Award
May 15, 2024

Page 2 of 3 ends

2 1
6 1
TABLE 1 – BID RESULT SUMMARY
Firm Name Total Base Bid
Amount
Lowest and
Responsible Bidder
Engineers Estimate $132,000.00
Prestige Paving Company* $90,530.06
American Asphalt South, Inc.* $116,560.00
All American Asphalt $121,999.00 X
Pavement Coatings Co. $122,864.00
Roy Allan Slurry Seal, Inc. $125,068.00
*Bids deemed nonresponsive.

Staff reviewed the two apparent lowest bids and determined that neither bid met the requirements outlined within the bid and contract documents solicitation package. Under the Instruction to Bidders and Provisions section 7 – Work by Bidder’s Own Forces states, “It is the intention and requirement of the Agency to award a contract only to a Bidder who will perform with such Bidder's own forces (those who are in direct employment of the Bidder's organization) at least 50 percent (50%) of the work…”. The apparent lowest bidder, Prestige Paving Company, failed to meet this requirement, rendering their bid nonresponsive. Additionally, the Notice Inviting Bids (NIB) section stipulated that a hard copy of the entire bid package, including required notarized documents, must be submitted within 24 hours of the submittal deadline. The second lowest bidder, American Asphalt South, Inc., failed to meet this requirement, resulting in their bid being deemed nonresponsive as well.

Staff reviewed the third lowest bid and determined that All American Asphalt met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with All American Asphalt is $121,999. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing services, would be procured separately.

The total estimated construction cost for the Projects is $179,199 which includes construction services with All American Asphalt, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction. If approved by the City Council, the tentative Projects schedule would be as follows:

Construction Start: June 2024
Construction End: August 2024
City Council Acceptance: October 2024
The timeline above assumes no delays due to weather or unforeseen conditions.

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

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
848 of 1147

City of Menifee Staff Report
CIP 24-06 & CIP 24-12 All American Asphalt Bid Award
May 15, 2024

Page 3 of 3 ends

2 1
6 1
as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Projects are for the minor alteration of an existing paved parking lot for public safety, all within the existing City right-of-way (“ROW”). No additional automobile lanes will be created by the Projects. The proposed Projects are the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The Projects are exempt per Section 15301.

The proposed Projects are also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question would have a significant effect on the environment because the proposed project is occurring in an area that is heavily disturbed and is not environmentally sensitive.

The amount of the proposed Contract Services Agreement (“Agreement”) exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Agreement with All American Asphalt is not-to-exceed $121,999. Funding for the Agreement is available within the Fiscal Year 2023/2024 budget, as summarized in Table 2 below.

TABLE 2 – FY 2023/2024 EXISTING PROJECT BUDGET
Fund Project Name Account No. Available
Budget
Anticipated
Cost
DIF 17 – Public
Facilities
Kay Ceniceros Parking
Lot Renovation
507-4555-58179 $73,841 $73,841
General Fund Kay Ceniceros Parking
Lot Renovation
100-4555-58179 $10,631 $6,608
CSA 145 La Ladera Park
Enhancements
480-4555-58185 $188,211 $41,550
TOTALS $272,683 $121,999
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Agreement – All American Asphalt
Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 3

Menifee Mayor and City Council
May 15, 2024
Page
849 of 1147

Moondance Way
Newport Rd
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LAKE ELSINORE
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WILDOMAR
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\KayCenicerosParkingLot\KayCenicerosParkingLot.aprx Date: 4/16/2024 Kay Ceniceros Parking Lot Renovation (CIP 24-06)
Project Location Map
Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 4

Menifee Mayor and City Council
May 15, 2024
Page
850 of 1147

C
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La Ladera Rd

LAKE ELSINORE
PERRIS

CANYON LAKE
M c C a l l B
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\LaLaderaParkEnhancements\LaLaderaParkEnhancements.aprx Date: 4/19/2024 La Ladera Park Enhancements (CIP 24-12)
Project Location Map
Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 5

Menifee Mayor and City Council
May 15, 2024
Page
851 of 1147

2905/031858-0001
19201719.4 a10/04/23

CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 24-06 KAY CENICEROS PARKING LOT RENOVATION &
CIP 24-12 LA LADERA PARK ENHANCEMENTS
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2023 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ALL AMERICAN ASPHALT, a California 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 May 15, 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, experience, and talent, perform all Services described herein. Contractor covenants that it shall Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 6

Menifee Mayor and City Council
May 15, 2024
Page
852 of 1147

2905/031858-0001
19201719.4 a10/04/23 -2-
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 benefit of City, regardless of whether or not such warranties and guarantees have been transferred Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 7

Menifee Mayor and City Council
May 15, 2024
Page
853 of 1147

2905/031858-0001
19201719.4 a10/04/23 -3-
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 weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 8

Menifee Mayor and City Council
May 15, 2024
Page
854 of 1147

2905/031858-0001
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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 One Hundred Twenty One Thousand Nine Hundred Ninety Nine Dollars and Zero Cents ($121,999.00) 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 Item Title: 10.13
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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 Item Title: 10.13
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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 Item Title: 10.13
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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 24- 06 KAY CENICEROS PARKING LOT RENOVATION & CIP 24-12 LA LADERA PARK ENHANCEMENTS. 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 Item Title: 10.13
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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 Item Title: 10.13
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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.

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Menifee Mayor and City Council
May 15, 2024
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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 Item Title: 10.13
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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, Item Title: 10.13
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Menifee Mayor and City Council
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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 Item Title: 10.13
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Menifee Mayor and City Council
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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.

Item Title: 10.13
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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.

Item Title: 10.13
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Menifee Mayor and City Council
May 15, 2024
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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.

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 the Documents and Materials.

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 Item Title: 10.13
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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 Item Title: 10.13
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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 Item Title: 10.13
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Menifee Mayor and City Council
May 15, 2024
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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: Mark Luer, President
400 East Sixth Street
Corona, CA 92879
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.

Item Title: 10.13
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Menifee Mayor and City Council
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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.

Item Title: 10.13
Bid

Award

and

Agreement

with

All

American

Asphalt

for

Construction

Services

for

the

Kay

Ceniceros

Parking

Lot
Renovation and the La Ladera Park Enhancement Projects
Item Page Number: 29

Menifee Mayor and City Council
May 15, 2024
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[Signatures on Following Page]
Item Title: 10.13
Bid

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American

Asphalt

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Kay

Ceniceros

Parking

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Renovation and the La Ladera Park Enhancement Projects
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May 15, 2024
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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
Armando Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Michael Farkas, Secretary

Edward J. Carlson, Vice President

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.13
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May 15, 2024
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EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
Item Title: 10.13
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EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 24-06 KAY CENICEROS PARKING LOT RENOVATION & CIP 24-12 LA LADERA PARK ENHANCEMENTS 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 One Hundred Twenty One Thousand Nine Hundred Ninety Nine Dollars and Zero Cents ($121,999.00) 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.

The numerical reference for the Bid Package or Request for Proposals is: ___71___.

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2905/031858-0001
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Item Title: 10.13
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2905/031858-0001
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Item Title: 10.13
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Item Title: 10.13
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Item Title: 10.13
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2905/031858-0001
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Item Title: 10.13
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Item Page Number: 39

Menifee Mayor and City Council
May 15, 2024
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Wheeler Paving Inc. for Construction Services for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Wheeler Paving Inc. to perform construction services for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project, Capital Improvement Program (CIP) Project No. 23-03, located at the intersection of Corson Avenue and Bradley Road, in a total not-to-exceed amount of $249,700.

DISCUSSION
The Bradley Road Widening near Paloma High School Northern Entrance Project, CIP Project No. 23-03 (“Project”), is a collaborative project with the Perris Union High School District (“District”). There is a need to provide a safe crossing for the high volume of pedestrian traffic resulting from students commuting to and from Paloma Valley High School. The District is planned to improve the west side of Bradley Road by installing new Americans with Disabilities Act (ADA) ramps and a traffic signal at the northern entrance of Paloma Valley High School. The City’s Project would improve the east side of Bradley Road and consist of the widening of 200 linear feet of roadway to ultimate condition, extension of the sidewalk, and installation of an ADA compliant ramp at the traffic signal installed by the District. The District anticipates construction for their portion of the improvements to begin in Summer 2024 and the City would align its Project’s construction schedule with the District’s to minimize impacts on school-related traffic.

On April 11, 2024, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of five bid submissions with several bids coming in under the Engineer’s Estimate, as summarized in Table 1 on the following page.

Item Title: 10.14
Bid

Award

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Agreement

with

Wheeler

Paving

Inc.

for

Construction

Services

for

the

Bradley

Road

Widening

Near
Paloma Valley High School Northern Entrance Project
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
886 of 1147

City of Menifee Staff Report
CIP 23-03 Wheeler Paving Inc. Bid Award
May 15, 2024

Page 2 of 3 ends

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TABLE 1 – BID RESULT SUMMARY
Firm Name Total Bid Amount Lowest and
Responsible Bidder
Engineers Estimate $282,500.00
Wheeler Paving Inc. $249,700.00 X
I E General Engineering Inc $264,745.00
Hillcrest Contracting, Inc $305,175.50
Narrow Path Engineering, Inc $323,800.00
All American Asphalt $349,499.00
Staff reviewed the lowest bid and determined that Wheeler Paving Inc. met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for the Contract Services Agreement (“Agreement”) for construction services with Wheeler Paving Inc is $249,700.

Construction management and inspection services would be provided by City staff and ancillary services such as labor compliance and materials testing services would be procured separately.

The total estimated construction costs for the Project are $322,485, which would include construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.

If approved by the City Council, the tentative Project’s schedule would be as follows:

Construction Start: June 2024
Construction End: August 2024
City Council Acceptance: September 2024
The timeline above assumes no delays due to weather or unforeseen conditions.

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

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City right- of-way (“ROW”). No additional automobile lanes will be created by the project. The proposed Project is the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.

The proposed Project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no Item Title: 10.14
Bid

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Paving

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Services

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Widening

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Item Page Number: 2

Menifee Mayor and City Council
May 15, 2024
Page
887 of 1147

City of Menifee Staff Report
CIP 23-03 Wheeler Paving Inc. Bid Award
May 15, 2024

Page 3 of 3 ends

2 1
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possibility that the activity in question would have a significant effect on the environment because the proposed Project is occurring in an area that is heavily disturbed and is not environmentally sensitive.

The amount of the proposed Agreement exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Agreement with Wheeler Paving Inc. is not-to-exceed $249,700.

Funding for the Agreement is available within the Fiscal Year 2023/2024 budget as summarized in Table 2 below.

TABLE 2 – FY 2023/2024 EXISTING PROJECT BUDGET
Fund Account Number Available Budget Anticipated Cost
General Fund 100-4555-58150 $161,560 $88,775
Measure A 220-4555-58150 $40,235 $40,235
Capital Projects 320-4555-58150 $120,690 $120,690
TOTALS $322,485 $249,700
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map

2. Agreement – Wheeler Paving Inc.

Item Title: 10.14
Bid

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Road

Widening

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Item Page Number: 3

Menifee Mayor and City Council
May 15, 2024
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Maltese Way
Bradley Rd
Alcove Ln
Corson Ave
215
Antelope Rd
La Piedra
Rd
Haun Rd
Newport Rd
M
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Project Site
0 0.01 0.02
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\BradleyRoadWidening\BradleyRoadWidening.aprx Date: 4/16/2024 Bradley Road Widening near Paloma
High School Northern Entrance (CIP 23-03)
Project Location Map
Item Title: 10.14
Bid

Award

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Agreement

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Item Page Number: 4

Menifee Mayor and City Council
May 15, 2024
Page
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2905/031858-0001
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CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 23-03 BRADELY ROAD WIDENING NEAR PALOMA HIGH SCHOOL

NORTHERN ENTRANCE
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 WHEELER PAVING INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

SECTION 1. SERVICES.

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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 benefit of City, regardless of whether or not such warranties and guarantees have been transferred Item Title: 10.14
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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.

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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.

Item Title: 10.14
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Item Page Number: 8

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SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Two Hundred Forty Nine Thousand Seven Hundred Dollars and Zero Cents ($249,700.00) 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.

Item Title: 10.14
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Item Page Number: 9

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May 15, 2024
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Invoices shall be submitted to:

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

Award

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Item Page Number: 10

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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.

2.7 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.

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

2.11 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.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

Item Title: 10.14
Bid

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Item Page Number: 11

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May 15, 2024
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SECTION 4. INSURANCE AND BOND REQUIREMENTS.

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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.

Contractor Initial: _______

Award

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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.

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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.

4.5 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 23- 03 BRADELY ROAD WIDENING NEAR PALOMA HIGH SCHOOL NORTHERN ENTRANCE. 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.

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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.

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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).

SECTION 5. INDEMNIFICATION.

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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.

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.

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.

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SECTION 7. LEGAL REQUIREMENTS.

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

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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.

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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.

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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.

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

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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.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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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.

SECTION 10. MISCELLANEOUS PROVISIONS.

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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.

10.6 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.

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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.

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

Wheeler Paving, Inc.

Attn: Doug Rash, Operations Manager
2734 Avalon Street
Riverside, CA 92509
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:

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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.

10.15 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.

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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
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR
Doug Rash, Operations Manager

Richard Wheeler, President

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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Item Page Number: 30

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May 15, 2024
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EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
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EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 23-03 BRADELY ROAD WIDENING NEAR PALOMA HIGH SCHOOL NORTHERN ENTRANCE 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 Two Hundred Forty Nine Thousand Seven Hundred Dollars and Zero Cents ($249,700.00) 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.

The numerical reference for the Bid Package or Request for Proposals is: ____69__.

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Item Page Number: 39

Menifee Mayor and City Council
May 15, 2024
Page
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CITY OF MENIFEE
SUBJECT: Agreement with Kimley-Horn and Associates, Inc. for Environmental and Civil Design Services for the Citywide Traffic Signal Safety Improvements Project
MEETING DATE: May 15, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for Environmental and Civil Design Services for the Citywide Traffic Signal Safety Improvements Project, Capital Improvement Program (CIP) Project No. 24-01, for a total not-to-exceed amount of $174,820 through June 30, 2025.

DISCUSSION
The Citywide Traffic Signal Safety Improvements – Local Road and Safety Program (LRSP), CIP Project No. 24-01 (Project) would install retro-reflective back plates at all traffic signals in the City to provide greater visibility for drivers. The Project would install a leading pedestrian interval system at selected intersections identified as having heavy pedestrian use. The estimated total cost of the Project is just under $2.2 million.

On January 17, 2024, the City Council accepted $1,555,704 in Cycle 11 grant funds awarded to the Project through the 2023 Highway Safety Improvement Program (HSIP) administered by the California Department of Transportation (Caltrans). The grant funding would be allocated by phase as the Project progresses and would support the following phases: Preliminary Engineering (PE) and Construction (CON), as summarized in Table 1 below.

TABLE 1 – TOTAL PROJECT FUNDING BY PHASE
Project Phase Anticipated FY Grant Fund
Allocation
City Match Total by Phase
PE 23/24 $162,000 $18,000 $180,000
CON 24/25 $1,393,704 $586,996 $1,980,700
TOTALS $1,555,704 $604,996 $2,160,700
Item Title: 10.15
Agreement

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Traffic
Signal Safety Improvements Project
Item Page Number: 1

Menifee Mayor and City Council
May 15, 2024
Page
925 of 1147

City of Menifee Staff Report
CIP 24-01 Kimley-Horn Agreement
May 15, 2024

Page 2 of 3 ends

Menifee City CouncilMay 15, 2024

Menifee City Council
May 15, 2024