2 2
4 0
- Qualifications of the firm
- Proposed team and organization
- Past experiences and references
- Project management system
- Proposal presentation
- Cost proposal
The On-Call List was approved by City Council on November 2, 2022 and is valid until the end of FY 2023/2024.
Staff is recommending an extension of the On-Call List for Professional Planning Services for FY 2024/2025 and 2025/2026. During the RFQ application process, pricing for services were provided by the consulting firms for FY 2022/2023 through FY 2025/2026.
It is important to note that inclusion within the City’s On-Call List does not guarantee award of any future contract(s) and the City reserves the right to issue separate RFQs/Request for Proposals (RFPs) as deemed necessary for specific services and/or projects.
Per Resolution No. 21-1073, the City Manager is authorized to execute agreements with approved environmental firms to provide on-call environmental and planning consulting services related to the California Environmental Quality Act (CEQA) for privately funded development projects.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact associated with extension of the On-Call List of consulting firms. Any proposed agreements would be funded as part of the approved FY 2024/2025 Budget and incorporated within future years’ budgets. Subsequently, the City would enter into agreements with select firms on the On-Call List, and the applicable agreements requiring City Council approval would be brought to the City Council in accordance with the City’s standard procurement policies.
ATTACHMENTS
1. RFQ On-Call List
Item Title: 10.14
Planning Division Request for Qualification On-Call List Extension Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
357 of 1630
General Planning-Related Development and
Land Use Project Review Services
Landscape Design Plan Review Services Preparation and/or Peer Review:
Environmental Services
Municipal Financial Review Services
(Fiscal Impact Analysis)
4LEAF, Inc.* Architerra Design Group Ascent International Enviromental Science Associates (ESA) Civic Solutions Enviromental Science Associates (ESA) Chambers Group Michael Baker International Enviromental Science Associates (ESA) Gary F. Hoyt Landscape Architecture, Inc. Civic Solutions Placeworks Glenn Rick Engineering & Development Company* Glenn Rick Engineering & Development Company*
Dudek Spicer Consulting Group
HELIX Enviornmental Planning* Kimley Horn EcoTierra Consulting Willdan Engineering* Interwest Consulting Group Michael Baker International* Enviromental Science Associates (ESA)
Kimley-Horn and Associates, Inc. MIG Environment Planning Solutions, Inc. (EDP)
Kleinfelder, Inc.* Nuvis Firstcarbon Solutions
Michael Baker International Rick Engineering Glenn Rick Engineering & Development MIG Tetratech, Inc. HELIX Enviornmental Planning*
Placeworks* VDLA Kimley-Horn and Associates, Inc.
Rick Engineering Willdan Engineering*
Kleinfelder, Inc.*
Rincon Consulting LSA Associates, Inc.
Willdan Engineering* Matthew Fagan Consulting
Michael Baker International
MIG
Placeworks
Psomas*
Rincon Consulting
RK Engineering Group
Tetratech, Inc.
The Altum Group
Willdan Engineering*
*Added to short-list as part of RFQ 2022-01 solicitation *Added to short-list as part of RFQ 2022-01 solicitation
*Added to short-list as part of RFQ 2022-01
solicitation
*Added to short-list as part of RFQ 2022-01
solicitation
City of Menifee
Community Development Department
Fiscal Years 2024/2025 and 2025/2026 On-call List (Professional Planning Services) Item Title: 10.14
Planning Division Request for Qualification On-Call List Extension Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
358 of 1630
CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for the Fiscal Year 2023/2024 Slurry Seal Program Project
MEETING DATE: June 19, 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 Copp Contracting, Inc. for construction services for the Fiscal Year (FY) 2023/2024 Slurry Seal Program Project, Pavement Management Program (PMP) Project No. 24-01, in a total not-to-exceed amount of $713,701.
DISCUSSION
The FY 2023/2024 Slurry Seal Program, PMP Project No. 24-01 (“Project”), would consist of resurfacing the existing roadway by applying slurry seal and cape seal to existing pavement, and removal and replacement of 18 existing non-compliant curb ramps. The Project would also include the removal and replacement of curb, gutter, cross gutters, striping, and signage. The Project would include two locations. The first location would be west of the Interstate 215 (I-215) freeway and north of McCall Boulevard. The second location would be west of the I-215 freeway and south of Newport Road.
On May 16, 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 four bid submissions with one bid coming in an amount less than the Engineer’s Estimate, as summarized in Table 1 on the following page.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
359 of 1630
City of Menifee Staff Report
PMP 24-01 Copp Contracting, Inc. Bid Award
June 19, 2024
2 2
1 8
TABLE 1 – BID RESULT SUMMARY
Firm Name Total Base Bid Amount Lowest and Responsible Bidder Engineers Estimate $807,400.00
Copp Contracting, Inc. $713,701.00 X
Pavement Coatings, Inc. $999,631.50
All American Asphalt, Inc $1,070,608.00
Roy Allan Slurry Seal, Inc $1,309,592.00
Staff reviewed the lowest bid and determined that Copp Contracting, Inc. met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with Copp Contracting, Inc. is $713,701. Construction management and inspection services would be provided by City staff, and ancillary services, such as labor compliance and materials testing, would be procured separately.
The total estimated construction cost is $800,782, which includes 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 schedule would be as follows:
Construction Start: July 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 maintenance of an existing paved road for public safety, all within the existing City right-of-way (“ROW”). No additional traffic 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: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
360 of 1630
City of Menifee Staff Report
PMP 24-01 Copp Contracting, Inc. Bid Award
June 19, 2024
2 2
1 8
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 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
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Contract Services Agreement is not to exceed $713,701.
Funding for the proposed Contract Services Agreement with Copp Contracting is available within the FY 2023/2024 budget, as summarized in Table 2 below.
TABLE 2 – FY 2023/2024 EXISTING PROJECT BUDGET
Fund Account Number Available Budget Anticipated Cost
Measure DD 105-4555-58011 $274,976.59 $274,976.59
Gas Tax 200-4555-58011 $3,834.67 $3,834.67
Measure A 220-4555-58011 $521,971.07 $434,889.74
TOTALS $800,782.33 $713,701.00
No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Project Location Map
2. Agreement – Copp Contracting, Inc.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
361 of 1630
Stellar
Way
Auckland Ct
Gr
osse P
ointDr
JolietWayEmory Ct
McCall Blvd
Provo Ct
Lancaster Dr
Sandy
Lodge Rd
De
catu
rW
ay
Covington Way
Medford Way
Harrisburg Dr
Albany Dr
Trenton Way
Hermitage Way
Boston Dr
Birkdale Rd
Murrieta Rd
Brandywine Ct
Sandtrap Dr
Pine Valley Rd
St Marys St
Northwoo
d
Dr
Cha
rlestow
nDr
Pe
bble
Beach D
r
Crestone Dr
Allentown Dr
Fairlane Dr
Germantown Dr
Brandywine Dr
PERRIS
CANYON LAKE
215
Murrieta Rd
Ethanac Rd
Go
etz R
d
McCall Blvd
Haun Rd
Sun Ci ty BlvdCherry Hills Blvd
Peb
ble Bea
ch Dr
Br
adley Rd
Project Site
0 0.06 0.12
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FY23-24_SlurrySealProgram\FY23-24_SlurrySealProgram.aprx Date: 5/23/2024 FY 2023/2024 Slurry Seal Program (PMP 24-01)
Project Location Map
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 4
Menifee Mayor and City Council
June 19, 2024
Page
362 of 1630
Mountain Glen Dr
Calle Tomas
Allwood Way
Chase Rd
Madera Ct
Stern Dr
La Piedra Rd
Gl
asp
ellCt
Tolstoy Ct
School Park Dr
San
Ra
fae
lSt
Sierra Vista Dr
Napa
St
Ridgely Way
Fitzgerald Pl
Dicke
ns
Dr
Hemingway Ct
Frost Ct
Bradley Rd
Wildflower St
Red
Bluff Ct
Cabrillo Dr
Menifee Grv
Blume Cir
Paca Ct
Ramsay Dr
Merced St Twain Dr
Godwin Ct
Michener Dr
Carey Rd
Misty Creek DrSilver Hawk Dr
Boyd Dr
Graphite Dr
Barre Dr
Dover Rd
Fielder Rd
Mirabella Ct
Lamdin Ave
Clea
ry
St
Wildsmith Rd
Chester Morrison Way
Sawyer Rd
Swift St
Hanford St
Newport Rd
Rim Creek Path
Kepler St
LAKE
ELSINORE
215
Haun Rd
SunCi t y Blvd
Newport Rd
MenifeeRd
PebbleBea
ch Dr
La Piedra
Rd
Normandy Rd
Mur
riet
a
Rd
Antelope Rd
Bradle
y
Rd
Holland Rd
Project Site
0 0.06 0.12
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FY23-24_SlurrySealProgram\FY23-24_SlurrySealProgram.aprx Date: 5/23/2024 FY 2023/2024 Slurry Seal Program (PMP 24-01)
Project Location Map
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 5
Menifee Mayor and City Council
June 19, 2024
Page
363 of 1630
2905/031858-0001
19201719.4 a05/13/24
CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
PMP 24-01 FY23/24 SLURRY SEAL PROGRAM
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 COPP CONTRACTING, INC., 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 June 19, 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 follow the highest professional standards in performing the Services required hereunder and that Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 6
Menifee Mayor and City Council
June 19, 2024
Page
364 of 1630
2905/031858-0001
19201719.4 a05/13/24 -2-
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 or assigned to City by separate agreement and Contractor agrees to enforce such warranties and Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 7
Menifee Mayor and City Council
June 19, 2024
Page
365 of 1630
2905/031858-0001
19201719.4 a05/13/24 -3-
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 embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 8
Menifee Mayor and City Council
June 19, 2024
Page
366 of 1630
2905/031858-0001
19201719.4 a05/13/24 -4-
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.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 9
Menifee Mayor and City Council
June 19, 2024
Page
367 of 1630
2905/031858-0001
19201719.4 a05/13/24 -5-
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Seven Hundred Thirteen Thousand Seven Hundred One Dollars and Zero Cents ($713,701.00) 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.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 10
Menifee Mayor and City Council
June 19, 2024
Page
368 of 1630
2905/031858-0001
19201719.4 a05/13/24 -6-
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: 10.15
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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: 10.15
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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: 10.15
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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: PMP 24-01 FY23/24 SLURRY SEAL PROGRAM. 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.
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 Item Title: 10.15
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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 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 Item Title: 10.15
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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 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 Item Title: 10.15
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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.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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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 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.
Item Title: 10.15
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Item Page Number: 20
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(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, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to Item Title: 10.15
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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 City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working Item Title: 10.15
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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.
Moreover, a substantial inducement to City for entering into this Agreement was and is the Item Title: 10.15
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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.
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, Item Title: 10.15
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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 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 Item Title: 10.15
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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 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.
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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 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.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jenny McConville, Management Analyst I (“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: Hailey Copp, Executive Assistant
COPP CONTRACTING, INC.
6751 STANTON AVE
BUENA PARK, CA 90621
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 I
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.
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 Item Title: 10.15
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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. [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 Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Ezekiel A. Copp, President
Erlinda Copp, Secretary
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SPECIAL REQUIREMENTS
INTENTIONALLY LEFT BLANK
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include PMP 24-01 FY23/24 SLURRY SEAL PROGRAM 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 Seven Hundred Thirteen Thousand Seven Hundred One Dollars and Zero Cents ($713,701.00) 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: __74__________.
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EXHIBIT B
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Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 33
Menifee Mayor and City Council
June 19, 2024
Page
391 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 34
Menifee Mayor and City Council
June 19, 2024
Page
392 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 35
Menifee Mayor and City Council
June 19, 2024
Page
393 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 36
Menifee Mayor and City Council
June 19, 2024
Page
394 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 37
Menifee Mayor and City Council
June 19, 2024
Page
395 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 38
Menifee Mayor and City Council
June 19, 2024
Page
396 of 1630
2905/031858-0001
19201719.4 a05/13/24 EXHIBIT B.
Item Title: 10.15
Bid
Award
and
Agreement
with
Copp
Contracting,
Inc.
for
Construction
Services
for
the
Fiscal
Year
2023/2024
Slurry
Seal
Program Project
Item Page Number: 39
Menifee Mayor and City Council
June 19, 2024
Page
397 of 1630
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Neighborhood Partnership Housing Services, Inc. for the First Time Home Buyer Down Payment Assistance Program
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Edna I. Lebrón, Senior Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS) for the First Time Home Buyer Down Payment Assistance (DPA) Program, increasing the amount by $7,000 and extending the term of the agreement through June 30, 2025.
DISCUSSION
On September 14, 2021, the City Manager approved a Professional Services Agreement (“Agreement”) with NPHS for the DPA Program in the amount of $24,500. The initial Agreement was for a term of three years and services rendered under the Agreement are funded by the California Department of Housing and Community Development (HCD) Permanent Local Housing Allocation (PLHA) Program by Account No. 301-4330-52843.
The DPA Program provides low-and moderate-income, first-time homebuyers with no-interest, deferred payment loans of up to $100,000 for down payment assistance or closing costs. Under the terms of the Agreement, NPHS is responsible for Program marketing and outreach, application review/screening, education, loan processing, reporting and monitoring services.
During the term of the existing Agreement NPHS has successfully assisted two low-moderate income citizens become homeowners in the City of Menifee and they are currently processing two additional applications.
Staff is requesting an amendment to the agreement to extend the contract for one additional year and increase the budget in the amount of $7,000, for a not-to-exceed contract amount of $31,500 to allow NPHS to continue with the DPA Program through June 30, 2025.
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
398 of 1630
City of Menifee Staff Report
NPHS Agreement Amendment
June 19, 2024
2 2
1 3
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
The fiscal impact of the proposed amendment with NPHS would be $7,000 for a total not-to- exceed amount of $31,500 through June 30, 2025. The funding required to support the proposed amendment is available in the adopted Fiscal Year 2024/2025 operating budget within Account No. 301-4330-52843 (Permanent Local Housing Assistance Grant). If additional funds are needed for professional services due to an increase in citizen participation, funding would be budgeted as part of that respective year’s budget.
ATTACHMENTS
1. Amendment No. 1
2. Original Agreement
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
399 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on September 14, 2021 between the City of Menifee (“City”) and NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC (“Consultant”) for CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM, which this Amendment No. 1 is made and entered into on ______________, 2024 to extend the term of the Agreement, and to increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
Term of Services. The term of this Agreement shall begin on September 1, 2021, and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate this Agreement, as provided for in Section 8.
3.SECTION 2, “Compensation” is amended to increase the maximum compensation by Seven Thousand Dollars and Zero Cents ($7,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Thirty One Thousand Five Hundred Dollars and Zero Cents ($31,500.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
400 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM
4. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM in the amount not to exceed Thirty One Thousand Five Hundred Dollars and Zero Cents ($31,500.00) as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 4
Menifee Mayor and City Council
June 19, 2024
Page
401 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE FIRST TIME HOME BUYERS DOWN PAYMENT ASSISTANCE (DPA) PROGRAM
CITY OF MENIFEE NEIGHBORHOOD PARTNERSHIP HOUSING
SERVICES, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Clemente Mojica, Preisent and CEO Attest: ________________________________
Solon Escobar, CFO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 5
Menifee Mayor and City Council
June 19, 2024
Page
402 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 6
Menifee Mayor and City Council
June 19, 2024
Page
403 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 7
Menifee Mayor and City Council
June 19, 2024
Page
404 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 8
Menifee Mayor and City Council
June 19, 2024
Page
405 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 9
Menifee Mayor and City Council
June 19, 2024
Page
406 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 10
Menifee Mayor and City Council
June 19, 2024
Page
407 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 11
Menifee Mayor and City Council
June 19, 2024
Page
408 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 12
Menifee Mayor and City Council
June 19, 2024
Page
409 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 13
Menifee Mayor and City Council
June 19, 2024
Page
410 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 14
Menifee Mayor and City Council
June 19, 2024
Page
411 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 15
Menifee Mayor and City Council
June 19, 2024
Page
412 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 16
Menifee Mayor and City Council
June 19, 2024
Page
413 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 17
Menifee Mayor and City Council
June 19, 2024
Page
414 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 18
Menifee Mayor and City Council
June 19, 2024
Page
415 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 19
Menifee Mayor and City Council
June 19, 2024
Page
416 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 20
Menifee Mayor and City Council
June 19, 2024
Page
417 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 21
Menifee Mayor and City Council
June 19, 2024
Page
418 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 22
Menifee Mayor and City Council
June 19, 2024
Page
419 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 23
Menifee Mayor and City Council
June 19, 2024
Page
420 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 24
Menifee Mayor and City Council
June 19, 2024
Page
421 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 25
Menifee Mayor and City Council
June 19, 2024
Page
422 of 1630
Item Title: 10.16
Agreement
Amendment
with
Neighborhood
Partnership
Housing
Services,
Inc.
for
the
First
Time
Home
Buyer
Down
Payment Assistance Program
Item Page Number: 26
Menifee Mayor and City Council
June 19, 2024
Page
423 of 1630
CITY OF MENIFEE
SUBJECT: Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions
MEETING DATE: June 19, 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. Approve and authorize the City Manager to execute Amendment No. 4 with Cannon Design, Inc., Amendment No. 4 with Dokken Engineering, Amendment No. 1 with NV5, Inc., and Amendment No. 1 with Rick Engineering Company, extending the terms of service only to their Professional Services Agreements supporting the Public Works Land Development Engineering and Capital Improvement Program Divisions; and
2. Authorize the City Manager to execute Amendment No. 1 to the Civil Design Services Agreement with RTM Engineering Consultants (formerly known as K&A Engineering, Inc.) increasing the compensation by $22,840 for a total agreement amount not-to-exceed $139,934 and extending the terms to June 30, 2025; and
3. Authorize the City Manager to execute Amendment No. 1 to the Master Agreement for Land Surveying and Mapping Review Services with Dennis Janda, Inc. increasing the compensation by $140,000, for a three-year total agreement amount not-to-exceed $370,000.
DISCUSSION
The Public Works Department is responsible for the review and delivery of various development and capital projects in a timely and cost-effective manner. In order to do this, both the Land Development Engineering (Engineering) and the Capital Improvement Program (CIP) Divisions utilize professional service agreements to support staff in processing more technical and specialized elements of project delivery. These services include, but are not limited to, various categories of plan review, architectural and design, environmental assessment, project inspection, and construction management services.
Due to the nature of project delivery, there are instances when agreements for professional services must be extended beyond their original terms and/or increased in value to allow for the Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
424 of 1630
City of Menifee Staff Report
PW PSA Amendments
June 19, 2024
2 1
9 7
services provided to be completed. For CIP, an amendment may be necessary due to project tasks delayed by circumstances outside of the City’s control or that of its contractors, such as project material delivery and utility coordination delays. For Engineering, agreement amendments are often the result of high demand for services driven by development activity, regulatory programs, and the need for technical plan review and inspection. Both CIP and Engineering have identified the need to extend the term and/or increase the not-to-exceed value of several existing professional services agreements for the reasons stated above. Details for each of the attached proposed agreement amendments are provided below.
Capital Improvement Program (CIP) Amendments
The CIP division of the Public Works Department is responsible for the planning, design, and implementation of public infrastructure improvement projects throughout the City. CIP projects require the support of technical and specialized professional services to move a project through all phases from concept to construction completion. These services include, but are not limited to, environmental assessments, design services, labor compliance, right-of-way (ROW) acquisition, grant management and materials testing. The following projects are in various phases of activity and are ongoing, requiring extension of terms to ensure the scope of work is fulfilled by the respective firms:
1. CIP 21-04 New Quail Valley Fire Station No. 5 Project – Professional Architectural and Engineering Services Agreement with Cannon Design, Inc. (Cannon) The project is under construction with the schedule experiencing significant delays due to shortage of materials, utility coordination, and weather conditions. The project is anticipated to be completed by September 2024. Cannon’s scope of work includes providing engineering support throughout the duration of construction phase, as well as post-construction. Approval of Amendment No. 4 would provide the additional time required for Cannon to complete the support tasks as outlined within their scope of work. The proposed amendment is for term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 1 below.
TABLE 1 – CANNON AGREEMENT SUMMARY
Date approved Amount Scope Contract Term
Original PSA 4/21/2021 $612,347.00
Architectural &
Engineering
Services
12/31/2021
Amendment No. 1 2/4/2022 TERM ONLY N/A 2/28/2022
Amendment No. 2 2/16/2022 $349,713.00
Construction and
post-construction
phase support
6/30/2022
Amendment No. 3 6/21/2023 TERM ONLY N/A 6/20/2024
Amendment No. 4 PENDING TERM ONLY N/A 12/31/2025
2. CIP 22-02 Valley Boulevard Widening Project – Civil Engineering Design Services Agreement with Dokken Engineering (Dokken)
Construction is anticipated to begin in Spring 2025. Approval of Amendment No. 4 would provide the additional time required for ROW coordination efforts, as outlined in Dokken’s Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
425 of 1630
City of Menifee Staff Report
PW PSA Amendments
June 19, 2024
2 1
9 7
scope of work. The proposed amendment is for term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 2 on the following page.
TABLE 2 – DOKKEN AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 1/19/2022 $1,244,031.81
Environmental &
Engineering
Design Services
6/30/2023
Amendment No. 1 6/21/2023 TERM ONLY N/A 6/30/2024
Amendment No. 2 1/22/2024 $155,160.00
Traffic warrant
analysis, ROW
appraisals.
6/30/2024
Amendment No. 3 5/1/2024 $22,783.00 Wall investigation 6/30/2024 Amendment No. 4 PENDING TERM ONLY N/A 12/31/2025
3. CIP 23-01 Murrieta Road Bridge over Salt Creek Project – Architectural and Engineering Services Agreement with NV5, Inc. (NV5)
NV5 is currently contracted as the design firm for not only CIP 23-01, but also for the Bradley Road Bridge over Salt Creek project. NV5’s work on the design phase for CIP 23-01 was placed on hold to allow NV5 to focus on completion of the final design for the Bradley Road Bridge over Salt Creek project. Approval of Amendment No. 1 would provide the additional time required for NV5 to resume and complete the full scope of design work for CIP 23-01.
The proposed amendment is for a term extension only and would not increase the total not- to-exceed amount of the agreement, as outlined in Table 3 below.
TABLE 3 – NV5 AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 2/1/2023 $1,778,391.00
Architectural &
Engineering
Services
6/30/2024
Amendment No. 1 PENDING TERM ONLY N/A 12/31/2025
4. CIP 23-02 Goetz Road/Vista Way Traffic Signal Project – Civil Design Services Agreement with RTM Engineering Firms (RTM), formerly known as K&A Engineering, Inc.
The project is in final design with construction anticipated to begin in August 2024. As the project moves towards construction, the consultant was requested to provide the following additional items during the construction phase: bid support, material submittal review, answering Request for Information (RFIs), As-Built plan preparation, and development of traffic timing sheets. The approval of Amendment No. 1 would increase the total not-to- exceed amount for the additional construction support items and extend the agreement term to allow the necessary time required for RTM to complete their scope of work, as outlined in Table 4 on the following page.
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
426 of 1630
City of Menifee Staff Report
PW PSA Amendments
June 19, 2024
2 1
9 7
TABLE 4 – RTM AGREEMENT HISTORY
Date approved Amount Scope Contract
Term
Original PSA 2/15/2023 $117,094.00 Civil Design Services 6/30/2024 Amendment
No. 1 PENDING $22,840.00 Additional support for
construction phase 6/30/2025
Land Development Engineering Amendments
The Land Development Engineering Division (Engineering) of the Public Works Department is responsible for processing and approving developer submittals for private residential, commercial, and industrial developments. Processing of submittals often requires multiple plan checks and field inspections to comprehensively review all aspects of a project’s proposed onsite and offsite improvements and engineering studies. The following firms are actively providing ongoing support services for existing submittals and require amendments to ensure the submittals are processed timely:
5. On-Call Master Drainage Plan Implementation and GIS Support Services Agreement with Rick Engineering Company (Rick Engineering)
Rick Engineering previously assisted Public Works staff in developing the Citywide Master Drainage Plan (MDP) adopted by City Council on November 3, 2021. In July 2023, the City entered into a Professional Services Agreement with Rick Engineering to provide training and MDP data migration support services as outlined in their scope of work. Continuation of these services is needed to ensure success in meeting State of California database and reporting mandates for the Municipal Separate Storm Sewer Systems (MS4) Permit. The proposed amendment is for a term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 5 below.
TABLE 5 – RICK ENGINEERING AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 7/20/2023 $20,000.00 Master Drainage
Plan Services 6/30/2024
Amendment No. 1 PENDING TERM ONLY N/A 6/30/2026
6. Engineering Master Agreement – On-Call Land Surveying & Mapping Services Agreement with Dennis Janda, Inc. (DJI)
On June 21, 2023, the City Council approved various Master Agreements for professional on- call services with firms previously established on an approved On-Call Shortlist for Engineering. DJI is one of two Shortlist firms initially designated to provide land surveying and mapping review services for Engineering. While staff have requested quotes for specific project work from both firms, DJI is often the only response received, and is consistently the most cost effective option. Staff is currently reviewing options for the inclusion of additional firms on the Shortlist for these services, given the volume of services needed to meet current development demands.
A Master Agreement was initially established with DJI for a three-year contract term from July 1, 2023, through June 30, 2026, and for a total agreement not-to-exceed amount of $230,000.
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 4
Menifee Mayor and City Council
June 19, 2024
Page
427 of 1630
City of Menifee Staff Report
PW PSA Amendments
June 19, 2024
2 1
9 7
Due to the continued, and increasing, volume of development activities requiring new survey monument map review and final survey monument inspection services, and given the limited responsiveness of other firms, staff has relied heavily on DJI for performance technical survey reviews. This has resulted in a need to increase the not-to-exceed compensation amount of the DJI Master Agreement. The proposed Amendment No. 1 would increase the Master Agreement by $140,000, to a total not-to-exceed limit of $370,000 through June 2026. All other terms would remain unchanged, as outlined in Table 6 below.
TABLE 6 – DJI AGREEMENT HISTORY
Date approved Amount Contract Term
Original PSA 6/21/2023 $230,000.00 6/30/2026
Amendment No. 1 PENDING $140,000.00 6/30/2026
Pursuant to Menifee Municipal Code §3.12.090, any change orders in the amount greater than 10% of the contract amount or that exceeds $25,000 in value, and any time extension of a performance deadline that exceeds 60-days, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There are no fiscal impacts associated with approval of the proposed amendments for term extensions presented for Cannon, Dokken, NV5, and Rick Engineering.
Amendment No. 1 - RTM
The total fiscal impact for Amendment No. 1 with RTM would be $22,840 for a revised total not- to-exceed amount of $139,934. Available funding for this item has been identified in Account No. 320-4555-58149 (Capital Projects) within the Fiscal Year 2023/2024 project budget.
Amendment No. 1 - DJI
The total fiscal impact for Amendment No. 1 with DJI would be $140,000 for a revised total not- to-exceed $370,000. Funding for all on-call engineering services, including land surveying and mapping review, has been established in Fiscal Years 2023/2024 and 2024/2025 in Engineering’s Professional Services Account Nos. 100-4551-52800 and 100-4551-52825. Fiscal year 2025/2026 funding would be established with the development of future operating budgets.
It is important to note that land surveying and mapping review services are fully recoverable as they would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued after confirmation of budget availability and only for amounts within the approved not-to-exceed agreement compensation amounts.
No additional budget appropriation actions would be required for approval of the proposed six amendments.
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 5
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June 19, 2024
Page
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City of Menifee Staff Report
PW PSA Amendments
June 19, 2024
2 1
9 7
ATTACHMENTS
1. Amendment No. 4 – Cannon for CIP 21-04
2. Amendment No. 4 – Dokken for CIP 22-02
3. Amendment No. 1 – NV5 for CIP 23-01
4. Amendment No. 1 – RTM for CIP 23-02
5. Amendment No. 1 – Rick Engineering
6. Amendment No. 1 – DJI
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 6
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June 19, 2024
Page
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP No. 21-04 NEW FIRE STATION NO. 5
(ARCHITECTURAL AND ENGINEERING SERVICES)
AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP NO. 21-04 NEW FIRE STATION NO. 5
(ARCHITECTURAL AND ENGINEERING SERVICES)
This is Amendment No. 4 (“Amendment No. 4”) to that certain Professional Services Agreement (“Agreement”) made on _April 21, 2021_ between the City of Menifee (“City”) and CANNON PARKIN INC (DBA “CANNONDESIGN”) (“Consultant”) for CIP NO. 21- 04 NEW FIRE STATION NO. 5 (ARCHITECTURAL AND ENGINEERING SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on February 4, 2022 (“Amendment No. 1”), amended by that certain Amendment No. 2 to the Agreement entered into on February 16, 2022 (“Amendment No. 2”) as amended by that certain Amendment No. 3 to the Agreement entered into on June 21, 2023 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2024 to extend the term of the agreement as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the April 21, 2021 and shall end on December 31, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 7
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June 19, 2024
Page
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP No. 21-04 NEW FIRE STATION NO. 5
(ARCHITECTURAL AND ENGINEERING SERVICES)
CITY OF MENIFEECannonDesign
_______________________________ _______________________________ Armando G. Villa, City Manager Brandon Dekker-Principal Attest: ________________________________
Kian Farr, Associate Vice President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 8
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June 19, 2024
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
This is Amendment No. 4 (“Amendment No. 4”) to that certain Professional Services Agreement (“Agreement”) made on _ January 19, 2022 _ between the City of Menifee (“City”) and DOKKEN ENGINEERING (“Consultant”) for CIP 22-02: VALLEY BLVD. WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on June 21, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on J anuary 22, 202 4 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on May 1, 2024 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2024 to extend the term of the agreement , as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on January 19, 2022 and shall end on December 31, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 9
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June 19, 2024
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AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-02: VALLEY BLVD. WIDENING PROJECT
(PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES)
CITY OF MENIFEE DOKKEN ENGINEERING
_______________________________ _______________________________ Armando G. Villa, City Manager John A. Klemunes, Jr, President
Attest: ________________________________
Cathy Chan, Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 10
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June 19, 2024
Page
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT
(ARCHITECTURAL AND ENGINEERING DESIGN SERVICES)
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT
(ARCHITECTURAL AND ENGINEERING DESIGN SERVICES)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on February 1, 2023, between the City of Menifee (“City”) and NV5, Inc. (“Consultant”) for CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT (ARCHITECTURAL AND ENGINEERING DESIGN SERVICES), which this Amendment No. 1 is made and entered into on , 2024 to extend the term as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
Term of Services. The term of this Agreement shall begin on February 1, 2023 and shall end on December 31, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section
8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate this Agreement, as provided for in Section 8.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 11
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June 19, 2024
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT
(ARCHITECTURAL AND ENGINEERING DESIGN SERVICES)
CITY OF MENIFEE NV5, Inc.
Armando G. Villa, City Manager Jeffrey Cooper, Senior Vice President Attest:
Mary Jo Obrien, Corporate Secretary
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
)
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 12
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June 19, 2024
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION
IMPROVEMENTS
(CIVIL DESIGN SERVICES)
This is Amendment No. 1 (“Amendment No 1”) to that certain Professional Services Agreement (“Agreement”) made on February 15, 2023 between the City of Menifee (“City”) and K & A ENGINEERING, INC. (“K & A ENGINEERING, INC.”) for CIP 23-02 GOETZ ROAD/VISTA
WAY TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS (CIVIL DESIGN SERVICES) is made and entered into on ______________, 2024 to assign the Agreement for all purposes to RTM ENGINEERING CONSULTANTS, a California C Corporation (“RTM ENGINEERING CONSULTANTS”) and to extend the term of the Agreement.
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the February 15, 2023 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3. K & A Engineering, Inc. assigns, conveys, and transfers the Agreement and all of its rights and obligations thereunder to RTM Engineering Consultants as of the date of this Amendment No. 1 and RTM Engineering Consultants accepts and assumes all rights, obligations, and representations thereunder.
4. Consultant’s notice address for the purposes of Section 10.9 of the Agreement shall be as follows:
RTM Engineering Consultants
357 N. Sheridan Street, Suite 117
Corona, CA 92878
5. SECTION 2, “Compensation” is amended to read as follows, increasing the contract amount by: $22,840.00 (TWENTY TWO THOUSAND EIGHT HUNDRED FORTY
DOLLARS AND ZERO CENTS)
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed $139,934.00 (ONE HUNDRED
THIRTY NINE THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Contractor's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 13
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4 8
6 6
7 City, Contractor shall not bill City for duplicate services performed by more than one person.
6. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS (CIVIL DESIGN SERVICES) in the amount not to $139,934.00 (ONE HUNDRED THIRTY NINE THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND ZERO CENTS) as further detailed in the following page(s).
7. All other terms and conditions of the Agreement remain in full force and effect.
8. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 14
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June 19, 2024
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4 8
6 6
7 CITY OF MENIFEE
________________________
Armando G. Villa, City Manager
K & A Engineering, Inc.
________________________
Amir Fallahi, CFO
________________________
Keith Osborn, President
ATTEST:
________________________
Stephanie Roseen, Acting City Clerk
RTM Engineering Consultants
________________________
Amir Fallahi, CFO
________________________
Keith Osborn, President
APPROVED AS TO FORM:
________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 15
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June 19, 2024
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4 8
6 6
7 EXHIBIT A
SCOPE OF SERVICES
Item Title: 10.17
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June 19, 2024
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4 8
6 6
7 Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 17
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4 8
6 6
7 Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 18
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4 8
6 6
7 Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 19
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4 8
6 6
7 Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 20
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June 19, 2024
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
ON-CALL MASTER DRAINAGE PLAN IMPLEMENTATION AND GIS SUPPORT 4 8
6 6
8 AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
ON-CALL MASTER DRAINAGE PLAN IMPLEMENTATION AND GIS SUPPORT This is Amendment No. 1 to that certain Professional Services Agreement (“Agreement”) made on July 20, 2023, between the City of Menifee (“City”) and RICK ENGINEERING COMPANY, a California Corporation (“Consultant”) for ON-CALL MASTER DRAINAGE PLAN IMPLEMENTATION AND GIS SUPPORT, which this Amendment No. 1 is made and entered on , 2024 to extend the term of the Agreement, as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1Term of Services. The term of this Agreement shall begin on the June 1, 2023 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 21
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June 19, 2024
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CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
RICK ENGINEERING COMPANY
Edgar Camerino, Principal
Kevin Gibson, Principal
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary in-
lieu]
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 22
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June 19, 2024
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AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on _June 21, 2023__ between the City of Menifee (“City”) and DENNIS JANDA, INC. (“Consultant”) for PROFESSIONAL ON CALL SERVICES (LAND SURVEYING & MAPPING REVIEW) which this Amendment No. 1 is made and entered into on ______________, 2024 to increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2.SECTION 3.1, “Not to Exceed Compensation” is amended to increase the maximum not to exceed compensation by One Hundred Forty Thousand Dollars and Zero Cents ($140,000.00), and is amended to read as follows:
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”).
The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Three Hundred Seventy Thousand Dollars and Zero Cents ($370,000.00).
3. The initial paragraph of the original Exhibit A, to the Agreement is amended to read as follows:
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 23
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AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Three Hundred Seventy Thousand Dollars and Zero Cents ($370,000.00).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 24
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June 19, 2024
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AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LAND SURVEYING & MAPPING REVIEW)
CITY OF MENIFEEDENNIS JANDA, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Dennis Janda, President
Attest: ________________________________
Tricia Janda, Vice President/Owner
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendments for Public Works Land Development Engineering and Capital Improvement Program Divisions Item Page Number: 25
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June 19, 2024
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project
MEETING DATE: June 19, 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 Amendment No. 3 to the Professional Services Agreement with KOA Corporation for the McCall Boulevard Widening Project, Capital Improvement Program (CIP) Project No. 22-03, located between Oakhurst Avenue and Menifee Road, for environmental and civil design services, increasing the compensation amount by $50,557.16, for a total not-to-exceed amount of $294,043.38, and extending the agreement term through June 30, 2026.
DISCUSSION
The McCall Boulevard Widening Project, CIP Project No. 22-03 (“Project”), is located between Oakhurst Avenue and Menifee Road. The existing roadway is a four-lane facility that narrows to two lanes for approximately a half mile before opening to four lanes. Due to increases in residential and commercial developments in this area, there is a need for additional vehicle lanes to support current traffic conditions. Under the City’s General Plan, this segment of McCall Boulevard is designated as an arterial roadway that would ultimately provide for six lanes of traffic.
The Project would widen the existing two-lane road to a four-lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City standards. The Project is currently in the final phase of design.
On February 16, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with KOA Corporation (“Consultant”) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Additional engineering support and design services beyond the initial scope of work included in the Consultant’s original proposal are required to complete the final design for the PS&E phase of the Project.
Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
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City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 3
June 19, 2024
2 1
9 6
On February 4, 2024, the Initial Study/Mitigated Negative Declaration document for the Project was formally noticed for public review for a period of 30 days. During the public review period, the City received a comment letter from the California Department of Fish and Wildlife (CDFW) which instructed the City to complete additional focused environmental studies for the Project including a Burrowing Owl and Nesting Bird Survey, Narrow Endemic Plant and Rare Plant Surveys, and Pre-Construction Surveys for additional species. Because these studies are a requirement within the Mitigation Monitoring and Reporting Program (MMRP) prior to construction work commencing, staff coordinated with the Consultant and obtained a proposal for the additional survey work. After review, staff determined the proposal was reasonable to fully complete the PS&E phase for final design of the Project. A summary of Agreement activity for the Project is included in Table 1 below.
TABLE 1 - CONTRACT AMENDMENT HISTORY
PSA Activity Approval Date Summary of Changes Value
Original Contract 6/21/2023 PS&E design services. $231,726.22 Amendment 1 7/20/2023 Hydrology report and drainage
engineering
$11,760.00
Amendment 2 12/6/2023 Term extension through 12/31/2025 N/A Amendment 3 Pending Additional environmental focused
Studies: Burrowing owl survey,
Narrow endemic plants & rare plant
survey. Pre-construction survey
(avian, woodrat middens & jack
rabbits), streambed delineation,
regulatory permit.
$50,557.16
TOTAL $294,043.38
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the contract amount or that exceed the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed amendment with the Consultant would be $50,557.16. The funding required to support the proposed amendment is available in the adopted Fiscal Year 2023/2024 Budget within the Project account, as summarized in Table 2 below.
TABLE 2 – IDENTIFIED PROJECT FUNDING
Fund Account Number Available Budget Anticipated Cost
Measure A 220-4555-58119 $490,424.31 $50,557.16
No additional budget appropriation action(s) is required.
Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 2
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June 19, 2024
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City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 3
June 19, 2024
2 1
9 6
ATTACHMENTS
1. Project Location Map
2. Amendment No. 3
3. Original Agreement
4. Amendment No. 1
5. Amendment No. 2
Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 3
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June 19, 2024
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Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 4
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June 19, 2024
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES This is Amendment No. 3 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and KOA CORPORATION, a California S-Corporation (“Consultant”) for CIP 22-03: MCCALL
BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on December 6, 2023 (“Amendment No. 2”), which this Amendment No. 3 is made and entered on , 2024 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein. That agreement was erroneously allowed to expire. The Parties continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section.
3.SECTION 2, “Compensation” is amended to increase the maximum compensation by
FIFTY THOUSAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND SIXTEEN CENTS ($50,557.16), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED NINETY
FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 5
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June 19, 2024
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed TWO HUNDRED NINETY FOUR THOUSAND FORTY THREE DOLLARS AND THIRTY EIGHT CENTS ($294,043.38) as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.18
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 6
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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Min Zhou, CEO
Juan Gutierrez, CFO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary in-
lieu]
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EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
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EXHIBIT A
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CITY OF MENIFEE
SUBJECT: Agreement Amendments for As Needed Menifee Police Department Contract Services
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the existing Professional Services Agreement with Bio-tox Laboratories for as needed forensic toxicological testing services, increasing the contract amount by $14,000 for a revised total contract amount not-to-exceed $38,000, and extending the term of the contract through June 30, 2025; and
2. Approve and authorize the City Manager to execute Amendment No. 1, and all future annual amendments, to the existing Professional Services Agreement with Trauma Intervention Programs, Inc. for as needed trauma incident support services, increasing the contract amount by $13,856.04 for a revised total contract amount not-to-exceed $27,421.04, and extending the term of the contract through June 30, 2025; and
3. Approve and authorize the City Manager to execute Amendment No. 1 to the existing Professional Services Agreement with American Forensic Nurses, Inc. for as needed forensic services, increasing the contract amount by $27,000 for a revised total contract amount not- to-exceed $51,000, and extending the term of the contract through June 30, 2025; and
4. Approve and authorize the City Manager to execute Amendment No. 1 to the existing Professional Services Agreement with Susan Saxe-Clifford for as-needed professional psychological evaluations, increasing the contract amount by $55,700 for a revised total contract amount not-to-exceed $71,450, and extending the term of the contract through June 30, 2027.
DISCUSSION
The Menifee Police Department (MPD) maintains many contracts to assist in the facilitation of police services. These contracts include services for psychological evaluations, forensic needs Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 1
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City of Menifee Staff Report
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and trauma incident support. The existing contracts are set to expire on June 30, 2024, and must be extended for service continuity.
Bio-Tox Laboratories Agreement Summary
Bio-tox Laboratories facilitates the forensic toxicology laboratory testing on-call services needed whenever bodily fluid samples such as blood, saliva, and urine are required to be collected. The Police Department has maintained contracts for these services since July of 2020 with the most recent contract approved in July of 2023. There are only two local vendors who offer these services, and Menifee Police Department maintains contracts with both. The proposed Contract Amendment No. 1 would extend the contract for one fiscal year through June 30, 2025, and increase the existing agreement by $14,000 for a new not-to-exceed contract amount of $38,000.
The amendment specifics are outlined below in Table 1.
TABLE 1
Type Dates Not-to-exceed Amount New Contract Total
Original Agreement 7/1/23 – 6/30/24 $24,000.00 $24,000.00 Amendment No.1 7/1/24 – 6/30/25 $14,000.00 $38,000.00
Trauma Intervention Programs, Inc. Agreement Summary
Trauma Intervention Programs, Inc. (TIP) provides a range of emotional and practical support services to victims of traumatic events and their families. TIP utilizes specially trained citizen volunteers that are available 24 hours a day, 365 days a year on an on-call basis. TIP has multiple chapters in southern California as well as six other states. The City has held contracts for these services continuously since 2021 with the most recent contract approved in July of 2023. The proposed Contract Amendment No. 1 would extend the contract for one fiscal year through June 30, 2025, and increase the existing agreement by $13,856.04 for a new not-to-exceed contract amount of $27,421.04. The amendment specifics are outlined below in Table 2.
TABLE 2
Type Dates Not-to-exceed Amount New Contract Total
Original Agreement 7/1/23 – 6/30/24 $13,565.00 $13,565.00 Amendment No.1 7/1/24 – 6/30/25 $13,856.04 $27,421.04
American Forensics Nurses, Inc. Agreement Summary
American Forensics Nurses, Inc. provides various on-call forensic services including sample draws, sexual assault kits, and DUI checkpoint staffing. The City has held contracts for these services continuously since July of 2020 with the most recent agreement approved in July of 2023. The proposed Contract Amendment No. 1 would extend the contract for one fiscal year with a new end date of June 30, 2025, and increase the existing agreement by $27,000 for a new not- to-exceed contract amount of $51,000. The amendment specifics are outlined below in Table 3.
A request for proposal will be completed for these services during the upcoming fiscal year to establish a new contract beginning Fiscal Year 2025/2026.
TABLE 3
Type Dates Not-to-exceed Amount New Contract Total
Original Agreement 7/1/23 – 6/30/24 $24,000.00 $24,000.00 Amendment No.1 7/1/24 – 6/30/25 $27,000.00 $51,000.00
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 2
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Susan Saxe-Clifford Agreement Summary
Susan Saxe-Clifford is the most experienced, and closest Police Officer Standards and Training certified vendor performing psychological evaluations required as part of the hiring process for Police Department candidates providing evaluations of suitability. The Police Department has maintained contracts for these services since January of 2020 with the most recent contract approved in July of 2023. The proposed Contract Amendment No.1 would extend the contract for three fiscal years through June 30, 2027, and increase the existing agreement by $55,700 for a new not-to-exceed contract amount of $71,450. The amendment specifics are outlined below in Table 4.
TABLE 4
Type Dates Not-to-exceed Amount New Contract Total
Original Agreement 7/1/23 – 6/30/24 $15,750.00 $15,750.00 Amendment No.1 7/1/24 – 6/30/25 $18,900.00 $34,650.00
Amendment No.1 7/1/25 – 6/30/26 $18,400.00 $53,050.00
Amendment No.1 7/1/26 – 6/30/27 $18,400.00 $71,450.00
Pursuant to Menifee Municipal Code Chapter 3.12.090, any change order in an amount greater than $25,000 or any change order which, when considered with the aggregate amount of all other changes to a contract, exceeds 10% of the original contract cost, shall be approved by the City Council. All other terms of the agreements shall remain the same.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of Amendment No. 1 to the existing Professional Services Agreement with Bio- tox Laboratories is $14,000. Funding for this Amendment is budgeted in the adopted FY 2024/2025 Budget, within Account No. 100-4911-52800 (Professional Services).
The fiscal impact of Amendment No. 1 to the existing Professional Services Agreement with TIP. is $13,856.04. Funding for this Amendment is budgeted in the adopted FY 2024/2025 Budget, within Account No. 100-4911-52800 (Professional Services).
The fiscal impact of Amendment No. 1 to the existing Professional Services Agreement with American Forensic Nurses, Inc. is $27,000. Funding for this Amendment is budgeted in the adopted FY 2024/2025 Budget, within Account No. 100-4911-52510 (Blood Draws).
The fiscal impact of Amendment No. 1 to the existing Professional Services Agreement with Susan Saxe-Clifford is $55,700. Funding for this Amendment is budgeted in the adopted FY 2024/2025 Budget, within Account No. 100-4222-52100 (New Hire Screenings/Testing). Funding in the amount of $36,800 for the future fiscal years would be incorporated into the corresponding budgets.
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 3
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The complete fiscal impact for all four contract amendments is not-to-exceed $110,557.04 through FY 2026/2027. No additional budget appropriation actions are required. A summary of the amendments is outlined on the following page in Table 5.
TABLE 5 - AMENDMENT SUMMARY
Fiscal Year Vendor Account PO Total for FY Contract
Total
2024/2025 Bio-tox Laboratories 100-4911-52800 $14,000.00 $38,000.00 2024/2025 TIP 100-4911-52800 $13,856.04 $27,421.04
2024/2025 American Forensic
Nurses, Inc. 100-4911-52510 $27,000.00 $51,000.00
2024/2025 Susan Saxe Clifford 100-4222-52100 $18,900.00 $34,650.00 2025/2026 Susan Saxe Clifford Budget to be
Determined $18,400.00 $53,050.00
2026/2027 Susan Saxe Clifford Budget to be
Determined $18,400.00 $71,450.00
ATTACHMENTS
1. Bio-tox Amendment No. 1
2. Bio-tox Original Agreement
3. Trauma Intervention Programs, Inc. Amendment No. 1
4. Trauma Intervention Programs, Inc. Original Agreement
5. American Forensic Nurses, Inc. Amendment No. 1
6. American Forensic Nurses, Inc. Original Agreement
7. Susan Saxe-Clifford Amendment No. 1
8. Susan Saxe Clifford Original Agreement
Item Title: 10.19
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES This is Amendment No. 1 (“Amendment 1”) to that certain Professional Services Agreement (“Agreement”) made on October 19, 2023 between the City of Menifee (“City”) and Bio-Tox Laboratories (“Consultant”) for MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES, which this Amendment No. 1 is made and entered into on ______________, 2024 to extend the term of services, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the July 1, 2023 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3.SECTION 2, “Compensation” is amended to increase the maximum compensation by Fourteen Thousand Dollars and Zero Cents ($14,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Thirty Eight Thousand Dollars and Zero Cents ($38,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
Item Title: 10.19
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES
SCOPE OF SERVICES
Consultant shall provide MENIFEE POLICE DEPARTMENT FORENSIC TOXICOLOGICAL TESTING SERVICES in the amount not to exceed Thirty Eight Thousand and Zero Cents ($38,000.00) as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE Bio-Tox Laboratories
_______________________________ _______________________________ Armando G. Villa, City Manager Tracey Stangarone, President Attest: ________________________________
Sue Somers, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.19
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EXHIBIT “A”
EXHIBIT “A”
SUPPLEMENT TO SCOPE OF SERVICES
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EXHIBIT “A”
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AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF MENIFEE AND TRAUMA INTERVENTION PROGRAMS, INC.
AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF MENIFEE AND TRAUMA INTERVENTION PROGRAMS, INC.
This is Amendment No. 1 (“Amendment No.1”) to that certain AGREEMENT BETWEEN CITY OF MENIFEE AND TRAUMA INTERVENTION PROGRAMS, INC. (“Agreement”) made on June 20, 2023 between the City of Menifee (“City”) and Trauma Intervention Programs of Riverside County, Inc. (“TIP”) which this Amendment No. 1 is made and entered into on ____________________ to correct a clerical error, increase the compensation amount, and extend the term of the Agreement.
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. City and TIP acknowledge that the Agreement was mistitled “AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND TRAUMA INTERVENTION PROGRAMS, INC.” City and TIP agree that the title of the Agreement shall be amended to read “AGREEMENT BETWEEN CITY OF MENIFEE AND TRAUMA INTERVENTION PROGRAMS, INC.”
3. Section 2, “Compensation for Services” is amended to read as follows:
The City of Menifee agrees to pay TIP a maximum amount of $13,565 (113,045 population x 12¢) for the period from July 1, 2023 to June 30, 2024, and a maximum amount of $13,856.04 (115,467 population x 12¢) for the period from July 1, 2024 to June 30, 2025 for the services to be performed hereunder. The City of Menifee agrees to pay all undisputed amounts due on or before July 1 for each fiscal year this Agreement is effective unless some other method of payment is mutually agreed to in writing.
4. Section 8, “Term” is amended to read as follows:
This Agreement shall continue through the 30th day of June, 2025 unless earlier terminated in accordance with Section 7.
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 27
Menifee Mayor and City Council
June 19, 2024
Page
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AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF MENIFEE AND TRAUMA INTERVENTION PROGRAMS, INC.
CITY OF MENIFEE TRAUMA INTERVENTION PROGRAMS, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Magda Stewart-CEO Attest: ________________________________
Magda Stewart-CEO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 28
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June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 29
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 30
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 31
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 32
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 33
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 34
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June 19, 2024
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC SERVICES
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on July 25, 2023 between the City of Menifee (“City”) and AMERICAN FORENSIC NURSES, INC (“Consultant”) for MENIFEE POLICE DEPARTMENT FORENSIC SERVICES, which this Amendment No. 1 is made and entered into on ______________, 2024 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the July 1, 2023 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3.SECTION 2, “Compensation” is amended to increase the maximum compensation by Twenty Seven Thousand Dollars and Zero Cents ($27,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed Fifty One Thousand Dollars and Zero Cents ($51,000.00) 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. In the event of a conflict between this Agreement and Exhibit A, 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.
Except when situations when difficult draws as specifically by City, Consultant shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 35
Menifee Mayor and City Council
June 19, 2024
Page
529 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT FORENSIC SERVICES
SCOPE OF SERVICES
Services shall include MENIFEE POLICE DEPARTMENT FORENSIC SERVICES, including labor, materials, services and equipment in the amount not to exceed Fifty One Thousand Dollars and Zero Cents ($51,000.00) as further detailed in the attached pages.
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE AMERICAN FORENSIC NURSES, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Carlos Martinez, COO
Attest: ________________________________
Carlos Martinez, COO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 36
Menifee Mayor and City Council
June 19, 2024
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EXHIBIT A
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 37
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 38
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 39
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 40
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 41
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 42
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 43
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 44
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 45
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 46
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 47
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 48
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 49
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 50
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 51
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 52
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 53
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 54
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June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 55
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June 19, 2024
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
AS NEEDED PROFESSIONAL PYSCHOLOGICAL EVALUATIONS & RELATED
SERVICES
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
AS NEEDED PROFESSIONAL PYSCHOLOGICAL EVALUATIONS & RELATED
SERVICES
This is Amendment No.1 (“Amendment No.1”) to that certain Professional Services Agreement (“Agreement”) made on July 19, 2023 between the City of Menifee (“City”) and SUSAN SAXE-CLIFFORD, a California Corporation (“Consultant”), which this Amendment No. 1 is made and entered into on __________________ to revise the term of the Agreement and compensation as more specifically set forth herein.
1. Capitalized terms used but not defined in this Amendment No.1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to revise the end date of the term to June 30, 2027.
3. SECTION 2, “COMPENSATION” is amended to read in its entirety as follows:
City hereby agrees to pay Consultant a sum not to exceed the following amounts during the term of this Agreement:
Time Period Not-to-Exceed Amount
July 1, 2023, through June 30, 2024 Fifteen Thousand, Seven Hundred Fifty Dollars and Zero Cents
($15,750.00)
July 1, 2024, through June 30, 2025 Eighteen Thousand Nine Hundred Dollars and Zero Cents ($18,900.00)
July 1, 2025, through June 30, 2026 Eighteen Thousand Four Hundred Dollars and Zero Cents ($18,400.00)
July 1, 2026, through June 30, 2027 Eighteen Thousand Four Hundred Dollars and Zero Cents ($18,400.00)
Total Aggregate Compensation
Amount:
Seventy One Thousand Four Hundred
Fifty Dollars and Zero Cents
($71,450.00)
The not to exceed amounts set forth in this Section shall be notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 56
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June 19, 2024
Page
550 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
AS NEEDED PROFESSIONAL PYSCHOLOGICAL EVALUATIONS & RELATED
SERVICES
4 8
7 1
4 as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of the original Exhibit A to the Agreement. The initial paragraph of Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide AS NEEDED PROFESSIONAL PYSCHOLOGICAL EVALUATIONS & RELATED SERVICES in an amount not to exceed the amounts set forth in Section 2 above, as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 57
Menifee Mayor and City Council
June 19, 2024
Page
551 of 1630
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
AS NEEDED PROFESSIONAL PYSCHOLOGICAL EVALUATIONS & RELATED
SERVICES
4 8
7 1
4 CITY OF MENIFEE SUSAN SAXE-CLIFFORD
_______________________________ _______________________________ Armando G. Villa, City Manager Susan Saxe-Clifford, PhD, President Attest: ________________________________
Susan Saxe-Clifford, PhD, Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 58
Menifee Mayor and City Council
June 19, 2024
Page
552 of 1630
EXHIBIT A
EXHIBIT A
Supplement to Scope of Services
Fees for Services for FY24/25 (No change in pricing from previous fiscal year):
$450.00 per psychological evaluation (estimated at 42 evaluations) (Pre-Employment Screening)
$395.00 per hour for other services as follows:
• Fitness for Duty Evaluations
• Critical Incident Intervention and Debrief
• Consultation as requested
Fees for Services for FY25/26:
$460.00 per psychological evaluation (estimated at 40 evaluations) (Pre-Employment Screening)
$395.00 per hour for other services as follows:
• Fitness for Duty Evaluations
• Critical Incident Intervention and Debrief
• Consultation as requested
Fees for Services for FY26/27:
$460.00 per psychological evaluation (estimated at 40 evaluations) (Pre-Employment Screening)
$395.00 per hour for other services as follows:
• Fitness for Duty Evaluations
• Critical Incident Intervention and Debrief
• Consultation as requested
Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 59
Menifee Mayor and City Council
June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 60
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June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 61
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June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 62
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June 19, 2024
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 63
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 64
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 65
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 66
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 67
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 68
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 69
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 70
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 71
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 72
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 73
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 74
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 75
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 76
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Item Title: 10.19
Agreement Amendments for As Needed Menifee Police Department Contract Services Item Page Number: 77
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June 19, 2024
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Animal Friends of the Valleys for Animal Field Services
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 4 to the existing Professional Services Agreement with Animal Friends of the Valley for animal field services, increasing the contract amount by $719,696.25 for a revised total contract amount not-to- exceed $1,646,696.25, and extending the term of the contract through June 30, 2027.
DISCUSSION
Animal Friends of the Valleys (AFV) provides animal field services for the City of Menifee and the surrounding areas. This includes field service coverage 16 hours per day, five days per week, court attendance, mileage, after hours calls for nights and weekends (20 hours per week), and vet costs. The Police Department has maintained a contract for these services with AFV since June of 2020. Throughout the contract period, staff believes AFV has provided exceptional service to the City and desires to continue utilizing them for field services.
It is imperative that the City has access to animal control field services to provide for the following:
lost and stray dog/cat rescue, catching/trapping loose dogs, transportation of animals, safe and lawful oversight of rabies quarantines, response to animal related noise complaints, pick up/ disposal of deceased animals, public education and conducting investigations of vicious animals, dog bites and animal neglect cases.
Contract Amendment No.4 would increase the existing agreement by $719,696.25 for a new not- to-exceed contract amount of $1,646,696.25 and would extend the contract period for an additional three years of service, through June 30, 2027. While there will not be a cost increase in FY 2024/2025, there is 2.5% escalator built into year two (FY 2025/2026) and year three (FY 2026/2027) of the contract period to address operational cost increases. The amendment specifics are outlined in Table 1 on the following page.
Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
572 of 1630
City of Menifee Staff Report
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services June 19, 2024
2 2
4 9
TABLE 1- ANIMAL FRIENDS OF THE VALLEY AGREEMENT SUMMARY Type Dates Not-to-exceed Amount New Contract Total
Original + Amen 1-3 7/1/20 – 6/30/24 $927,000.00 $927,000.00 Amendment No.4 7/1/24 – 6/30/25 $234,000.00 $1,161,000.00 Amendment No.4 7/1/25 – 6/30/26 $239,850.00 $1,400,850.00 Amendment No.4 7/1/26 – 6/30/27 $245,846.25 $1,646,696.25 Pursuant to Menifee Municipal Code Chapter 3.12.090, any change order in an amount greater than $25,000 or any change order which, when considered with the aggregate amount of all other changes to a contract, exceeds 10% of the original contract cost, shall be approved by the City Council. All other terms of the agreements shall remain the same.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of Amendment No. 4 to the existing Professional Services Agreement with Animal Friends of the Valley is $719,696.25. Funding for this Amendment is budgeted in the adopted FY 2024/2025 Budget, within Account No. 100-4450-52807 (Animal Field Services).
Funding for the future fiscal years would be incorporated into the corresponding budgets. No additional budget appropriation action is required.
TABLE 2- ANIMAL FRIENDS OF THE VALLEY
Fiscal Year Contract Account PO Total for
FY
Contract
Total
2024-2025 Amendment No. 4 100-4450-52807 $234,000.00 $1,161,000.00 2025-2026 Amendment No. 4 Budget to be
Determined $239,850.00 $1,400,850.00
2026-2027 Amendment No. 4 Budget to be
Determined $245,846.25 $1,646,696.25
ATTACHMENTS
1. Animal Friends of the Valley Amendment No. 4
2. Animal Friends of the Valley Original Agreement
3. Animal Friends of the Valley Amendment No. 1
4. Animal Friends of the Valley Amendment No. 2
5. Animal Friends of the Valley Amendment No. 3
Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
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AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: ANIMAL FIELD SERVICES
AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: ANIMAL FIELD SERVICES
This is Amendment No. 4 (“Amendment No. 4”) to that certain Contract Services Agreement(“Agreement”) made on June 17, 2020 between the City of Menifee (“City”) and ANIMAL FRIENDS OF THE VALLEY (“Contractor”) for CITY OF MENIFEE: ANIMAL FIELD SERVICES as amended by that certain Amendment No.1 to the Agreement entered into on July 21, 2021 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on November 17, 2022 (“Amendment No. 2”), and that certain Amendment No.3 to the Agreement entered into on September 27, 2023 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2024 to extend the term of services and increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No.4 shall have the meanings ascribed to them in the Agreement
.
2.Section 1.1, “Term of Services” is amended to read in its entirety as follows:
Term of Services. The term of this Agreement shall begin on July 1, 2020 and shall end on June 30, 2027 unless otherwise terminated or extended as provided herein. The time for Contractor to complete the Services shall not affect City’s right to terminate this Agreement provided for in Section 8.
3. SECTION 2, “COMPENSATION” is amended to read in its entirety as follows:
City hereby agrees to pay Contractor a sum not to exceed the following amounts during the term of this Agreement:
Time Period Not-to-Exceed Amount
July 1, 2020, through June 30, 2024 Nine Hundred Twenty Seven Thousand Dollars and Zero Cents ($927,000.00)
July 1, 2024, through June 30, 2025 Two Hundred Thirty Four Thousand Dollars and Zero Cents ($234,000.00)
July 1, 2025, through June 30, 2026 Two Hundred Thirty Nine Thousand Eight Hundred Fifty Dollars and Zero Cents
($239,850.00) (Includes 2.5% annual
increase)
July 1, 2026, through June 30, 2027 Two Hundred Forty Five Thousand Eight Hundred Forty Six Dollars and Zero Cents
($245,846.25) (Includes 2.5% annual
increase)
Total Aggregate Compensation Amount: One Million Six Hundred Forty Six Thousand Six Hundred Ninety Six Dollars
and Twenty Five Cents ($1,646,696.25)
The not to exceed amounts set forth in this Section shall be notwithstanding any contrary indications that may be contained in Contractor’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
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AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: ANIMAL FIELD SERVICES
4 8
7 8
0 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 below 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. Except as specifically authorized in advance by City, Contractor shall not bill City for duplicate services performed by more than one person.
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of the original Exhibit A to the Agreement. The initial paragraph of Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide CITY OF MENIFEE: ANIMAL FIELD SERVICES in an amount not to exceed the amounts set forth in Section 2 above, as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE ANIMAL FRIENDS OF THE VALLEY
_______________________________ _______________________________ Armando G. Villa, City Manager TBD Attest: ________________________________
TBD
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 4
Menifee Mayor and City Council
June 19, 2024
Page
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EXHIBIT A
EXHIBIT A
Supplement to Scope of Services
Fees for Services for FY24/25 (No change in pricing from previous fiscal year):
Fees for Services for FY25/26:
$234,000.00 plus 2.5% increase for a total of $239,850.00 Fees for Services for FY26/27:
$239,850.00 plus a 2.5% increase for a total of $245,846.25 Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 5
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June 19, 2024
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 6
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 7
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 8
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 9
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 10
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 11
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 12
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Item Title: 10.20
Agreement Amendment with Animal Friends of the Valleys for Animal Field Services Item Page Number: 13
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CITY OF MENIFEE
SUBJECT: Agreement Renewal with NeoGov for Recruitment, Employee Onboarding, Development, and Performance Solutions
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Eric Ventura, Human Resources Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a renewal of the Subscription Services Agreement with NeoGov for employee recruitment, onboarding, development, and performance solutions for a period of two years through June 30, 2026, in an amount not-to- exceed $82,076.33.
DISCUSSION
The City of Menifee Human Resources (HR) Department is responsible for supporting the City’s goals by effectively managing its human capital, ensuring a productive, and compliant work environment. On June 16, 2021, City Council approved the existing three-year Subscription Services Agreement (“Agreement”) for NeoGov Insight, Onboard, Learn and Perform Licenses providing for cloud-based recruitment, employee onboarding, development, and performance solutions. With the existing Agreement set to expire on June 16, 2024, staff is seeking renewal of the Agreement for a period of two-years extending through June 30, 2026, for a total cost not to exceed $82,076.33.
NeoGov is a cloud-based system that streamlines HR functions making it easier to monitor/track legal and performance requirements throughout the employment lifecycle. Since NeoGov was implemented in 2021, the system has helped contain operational costs while improving the continuity of service delivery by automating important HR functions including job posting and applicant tracking, new employee onboarding, employee training, and performance reviews.
Given the significant investment the City has made in the integration/use of the NeoGov system it would not be cost effective to switch service providers at this time. For this reason, staff recommends renewal of the existing agreement.
Item Title: 10.21
Agreement Renewal with NeoGov for Recruitment, Employee Onboarding, Development, and Performance Solutions Item Page Number: 1
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June 19, 2024
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Agreement Renewal with NeoGov
June 19, 2024
2 2
3 8
As presented, the proposed Agreement includes access to the following subscription services for an unlimited number of users:
•Insight Subscription: Online job posting and applicant tracking. •Onboard Subscription: Facilitation/tracking of the new employee onboarding process, sharing important documents/information, orientation training videos/materials, and review/submittal of required employment forms.
•Learn Subscription: Online training module including access to a library of 1,500 pre- built courses and the ability to develop and upload custom courses in addition to centralized tracking for required and optional employee training courses/certifications. •Perform Subscription: Electronic annual and probationary employee evaluation review/approval.
•GovernmentJobs.com Subscription: Employment opportunity advertising/postings on the top online public sector job board.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community - Continue to support ongoing professional training and development of the City’s personnel to deliver high-quality services.
FISCAL IMPACT
The fiscal impact of the proposed Agreement for the two-year period extending through June 30, 2026, is $82,076.33. The funding required to support the Agreement is available and would be paid upfront as part of the adopted Fiscal Year 2024/2025 Budget (Cloud Based Subscriptions/Licenses Account No. 110-4122-51353). A detailed breakdown of the Agreement is available in Table 1 below. No additional budget appropriation action(s) is required.
TABLE 1 – LICENSE AGREEMENT BREAKDOWN BY YEAR
Service Description Term Term Fees
Insight Enterprise Subscription 06/17/2024 - 06//16/2025 $5,637.50 Onboard Subscription 06/17/2024 - 06//16/2025 $7,060.23 Learn Subscription 06/17/2024 - 06//16/2025 $15,423.86
Perform Subscription 06/17/2024 - 06//16/2025 $10,902.78 GovernmentJobs.com Subscription 06/17/2024 - 06//16/2025 $1,373.50 2024-2025 Total: $40,397.87
Onboard Subscription 06/17/2025 - 06/30/2025 $270.80
Learn Subscription 06/17/2025 - 06/30/2025 $591.60
Perform Subscription 06/17/2025 - 06/30/2025 $418.19
Prorated Total: $1,280.59
Insight Enterprise Subscription 07/01/2025 - 06/30/2026 $5,637.50 Onboard Subscription 07/01/2025 - 06/30/2026 $7,060.23
Learn Subscription 07/01/2025 - 06/30/2026 $15,423.86
Perform Subscription 07/01/2025 - 06/30/2026 $10,902.78 GovernmentJobs.com Subscription 07/01/2025 - 06/30/2026 $1,373.50 2025/2026 Total: $40,397.87
Total Paid in FY2024/2025: $82,076.33
Item Title: 10.21
Agreement Renewal with NeoGov for Recruitment, Employee Onboarding, Development, and Performance Solutions Item Page Number: 2
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June 19, 2024
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Agreement Renewal with NeoGov
June 19, 2024
2 2
3 8
ATTACHMENTS
1. Renewal – NeoGov Subscription Services Agreement
2. Current – NeoGov Subscription Services Agreement
Item Title: 10.21
Agreement Renewal with NeoGov for Recruitment, Employee Onboarding, Development, and Performance Solutions Item Page Number: 3
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June 19, 2024
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NEOGOVORDERFORMNEOGOV:
GovernmentJobs.com,INC.(dba“NEOGOV”)2120ParkPlace,Suite100ElSegundo,[email protected] CustomerName&Address:Menifee,Cityof(CA)29844HaunRoadMenifee,CA92586 QuoteCreationDate: 05/21/2024 ContactName:
EricVentura
QuoteExpirationDate: 30daysfromQuoteCreation ContactEmail: [email protected] Annual.Net30fromNEOGOVinvoice. FTE:SubscriptionStartDate:06/17/2024SubscriptionTerm(months):24 FeeSummaryServiceDescription Term TermFeesPerformSubscription(PE) 06/17/2024- 06/16/2025 $10,902.78
OnboardSubscription(ON) 06/17/2024- 06/16/2025
$7,060.23
LearnSubscription(LE) 06/17/2024- 06/16/2025
$15,423.86
InsightEnterpriseSubscription(IN) 07/01/2024- 06/30/2025 $5,637.50
GovernmentJobs.comSubscription(GJC) 07/01/2024- 06/30/2025 $1,373.502024- 2025Total: $40,397.87PerformSubscription(PE) 06/17/2025- 06/30/2025 $418.19
OnboardSubscription(ON) 06/17/2025- 06/30/2025
$270.80
LearnSubscription(LE) 06/17/2025- 06/30/2025
$591.60
ProratedTotal:
$1,280.59
PerformSubscription(PE) 07/01/2025- 06/30/2026
$10,902.78
OnboardSubscription(ON) 07/01/2025- 06/30/2026
$7,060.23
LearnSubscription(LE) 07/01/2025- 06/30/2026
$15,423.86
InsightEnterpriseSubscription(IN) 07/01/2025- 06/30/2026 $5,637.50
GovernmentJobs.comSubscription(GJC) 07/01/2025- 06/30/2026 $1,373.50
2025- 2026Total:
$40,397.87Total: $82,076.33
A. TermsandConditions1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upontheacceptancebyCustomer of the terms of the NEOGOVServicesAgreement either affixedheretoor theversionmost recentlypublishedpriorto execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, allcapitalized terms used but not defined in this Order Formshall have the meanings given to themin theNEOGOVServicesAgreement.2. Effectiveness & Modification. The Effective Date shall betheSubscriptionStart Date. ThisOrder Formmaynot bemodifiedor amendedexcept throughawritteninstrument signedbytheparties.3. Summary of Fees. Listedaboveisasummaryof Feesunder thisOrder. Onceplaced, your order shall benon-cancelableandthesumspaidnonrefundable, except asprovidedintheAgreement.4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the ServicesAgreement, applicableSchedules, andServiceSpecifications.B. Special Conditions(if any). 1 Item Title: 10.21
Agreement Renewal with NeoGov for Recruitment, Employee Onboarding, Development, and Performance Solutions Item Page Number: 4
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INWITNESSWHEREOF, thisOrder hasbeenexecutedbysuchparty’sdulyauthorizedsignatoryasof thedateset forthbelow, andsuchdulyauthorizedsignatoryconsentstotheAgreement.
Customer Governmentjobs.com, Inc. (DBA“NEOGOV”)EntityName:
Signature:
Print Name:
Date:
2 Item Title: 10.21
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CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with United States Postal Inspection Service for Criminal Offense Investigation
Coordination Efforts
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the United States Postal Inspection Service (USPIS) for Inland Empire Financial Crimes.
DISCUSSION
The proposed MOU between the City of Menifee Police Department and USPIS strives to develop a cooperative effort with Federal, State, and local law enforcement agencies who are charged with investigating and prosecuting criminal offenses involving financial fraud, identity theft, counterfeit securities, and associated mail theft and violent crimes. This joint task force would work together to coordinate investigations and cases for criminal prosecution.
The primary objectives of this MOU include maximizing communication within the participating agency task force members, including the sharing of intelligence, and providing a coordinated response effort to criminal investigations. Additionally, this joint task force seeks to link and associate financial crimes and related complaints with larger schemes and related criminal activity, as well as educating the victims and the public on aspects of identity theft and counterfeit securities to deter future crimes.
This agreement would include up to two Postal Investigators provided by the USPIS and up to one Police Detective provided by the Menifee Police Department. The task force position being allotted in this MOU is an existing Detective position within the Police Department organizational structure and no additional bodies are being requested. Additionally, there are no new vehicle or equipment appropriations that Menifee would be required to acquire. This task force participation would be on a part time basis for the Detective assigned and would not create a hardship on the Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 1
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City of Menifee Staff Report
USPIS MOU
June 19, 2024
2 1
6 6
caseload for the detective bureau since the cases being handled would have been investigated without the benefit of this collaboration and are now only providing additional resources and assistance to complete. Any work specific to the task force above and beyond the regular duties of the Detective would be completed in an overtime capacity and reimbursed by USPIS.
Participation in the task force would allow for Menifee Police Department to request reimbursement for overtime expenses incurred by the assignment Detective. As identified in Addendum A to the attached MOU, for the Fiscal Year (FY) 2023/2024 the allowable reimbursement amount is $19,372. Reimbursement totals can fluctuate from year to year, but if future funding was ever reduced, adjustment would be made to ensure there is no negative impact on the General Fund. If the funding were to be eliminated, the overtime expenses would be absorbed into the existing Menifee Police Department overtime budget.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The funding for this position is already included in the FY 2023/2024 adopted budget and there is no additional appropriation needed. Additionally, the City could be reimbursed up to $19,372.00 from the USPIS for overtime work performed that is directly related to work on the task force.
ATTACHMENTS
1. USPIS MOU
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 2
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PO Box 2000
Pasadena, CA 91102-2000
Tel: 877-876-2455 Fax: 626-405-1207
UNITED STATES POSTAL INSPECTION SERVICE
LOS ANGELES DIVISION
ME MORANDUM OF UNDERSTANDING
This document sets forth the general understa nding bet ween the United States Postal Inspection Service (“USPIS”) a nd the City of Menifee on behalf of the Menifee Police Department (collectively, the “parties”) with respect to a joint cooperative law enforcement effort, hereinafter referred to as the Inland Empire Financial Crimes Task Force (or simply, the “Task Force”).
This document is not intended as a formal contract, but ra ther as an expression of understanding to facilitate cooperation. This document is an internal government agreement and is not intended to confer any rights or benefits to any private person or party. The goals of the Inla nd Empire Financial Crimes Ta sk Force will be to protect the public by investiga ting crimina l offenses related to financial fraud, identity theft, counterfeit securities, and associated mail theft and violent crimes.
I. Purpose
The purpose of this Agreement is to develop a cooperative effort with Federal, State and local law enforcement agencies charged with the investigation and prosecution of criminal offenses involving financial fraud, identity theft, counterfeit securities and associated mail theft and violent crimes a s well as to establish the terms and conditio ns under which the participating agency may coordinate investigative efforts with and/or provide assistance to the USPIS in developing investigations and cases for criminal prosecution. Furthermore, this memorandum of understanding (“MOU”) est ablishes the
procedures for the reimbursement of certain overtime and other law enforcement expenses.
II. Mission
To develop a cooperative effort with F ederal and loca l law enforcement agencies charged with the investigation and prosecution of identity theft, counterfeit securities, violent crimes, and related offenses, including but not limited t o bank fraud, access device fraud, wire fraud, mail fraud, mail theft, and embezzlement schemes by means of forgery committed within the State of California.
III. Ob
jectives
A. T
o facilitate and maintain communications with participating agencies to maximize the effective use of the Task Force intelligence and resources; B. To share intelligence and other resources;
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 3
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2 C. To provide a coordinated response to identity theft and financial crimes, with an emphasis on organized criminal activity and mail theft, fraud recidivists, and violent criminals;
D. To link and associate isolated financial crimes and related complaints with larger schemes and related criminal activity;
E. To educate victims and the general public about all aspects of identity theft and counterfeit securities;
F. To deter future identity theft crimes through an enhanced awareness of criminal penalties, successful prosecution of violent criminals engaged in financial crimes, and a proactive approach by the law enforcement community.
IV. Authorities
U
SPIS participation in this MOU is authorized under 18 U.S.C. § 3061, 39 U.S.C. §§ 401, 404, and 411.
V. P
articipants
T
he following Federal and local law enforcement agencies are participants in this initiative:
A. US
PIS
B. Menifee Police Department
An
y State or local employees assigned to the T ask Force in accordance with this Agreement are not considered Federal employees, are not employed by the United States Postal Service (“USPS”) or the USPIS. They do not take on the status or benefits of Federal employment, USPS employment, or USPIS employment by virtue of this assignment.
V
I. Personnel Commitment
E
ach participating agency intends to provide experienced law enforcement personnel on a full- or part-time basis as needed to the Task Forc e (singularly, a Task Force Officer or “TFO”) for participation on designated investigations. The participating agency will certify the personnel assigned to the Task Force are not the subject of any current or pending disciplinary actions, or completed disciplinary actions which would in any way compromise the mission of the initiative. Additions or deletions of personnel will be at the discretion of the authorizing supervisors of the respective participants. The participating agencies agree to furnish the following complement of personnel dedicated to the Task Force:
A. US
PIS – up to 2 Postal Inspectors/Task Force Officers
B. Menifee Police Department – up to one (1) Detective/Officer Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 4
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3 The Menifee Police Department agrees to furnish vehicles for their assigned investigator(s) and provide the ir personnel immediate access to such vehicles to travel from their residences in order to be able to respond to joint initiative-related emergency callouts, to begin and end tours of duty in order to maximize investigative t ime, and to otherwise conduct investigations of common interest.
The Menifee Police Department may request overtime as outlined in this MOU.
Members of the Task Force will be responsible for the investigation of financial fraud, identity theft, counterfeit securities, associated mail theft and violent crimes, and other associated criminal activity. Continued assignment of specific personnel to the Task Force will be based on performance and will be at the discretion of their respective agency heads.
VII. Principles
The following principles will help guide relationships among all law enforcement participants in this initiat ive regarding policy, planning, training, supervision, and public relations. All agencies participating in the initiative agree these principles will serve as a basis to mediate any disputes that arise during its operation.
VIII. Recognition of Authority
The Menifee Police Department recognizes the USPIS is the principal Federal Law Enforcement Agency responsible for the investigation and enforcement of Federal laws regarding the U.S. Mail, use of the mails, and property in the cus tody of the U.S. Postal Service, as well as other Postal offenses.
The Menifee Police Department understands U.S. Mail under the custody or control of USPS is sealed against inspection and cannot be opened except under the authority of a Federal Search Warrant issued pursuant to Rule 41 of the Federal Rules of Criminal Procedure, or by consent from the sender and/or addressee of the mail piece. The Menifee Police Department may not, in any manner, detain or otherwise interfere with U.S. Mail, or record information from mail matter unless specifically authorized to do so by a U.S. Postal Inspector.
IX. Administration
Because this MOU outlines a cooperative endeavor on the part of all the participants, the policy, program involvement, and direction of this initiative should be joint responsibilities of the enforcement supervisors of the participants. Therefore, the cases will be jointly investigated, and no particular participating agency will prevail over another or will act unilaterally. The participants ( or designated representatives) will Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 5
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4 meet regularly as agreed upon to discuss investigations related to the above -mentioned offenses.
X. Jurisdiction
The determination as to whether a case will be prosecuted at the federal, state, or local level will generally be made following consultation with the United States Attorney Office(s) of jurisdiction. The decision as to whether a case should be prosecuted at the federal, state or local level will be based upon which level of prosecution will best serve the interests of justice consistent with the overall mission objectives of the initiative.
XI. Supervision
In order to affect efficient field operations, operational supervision of the personnel assigned to the Task Force, while working on initiatives or investigations directly related to the Task Force, will be the responsibility of a designated field supervisory officer. For the Task Force, the field supervisory offic er is a U.S. Postal Inspector/Team Leader (also known as the Task Force Supervisor or “TFS” ) assigned to the Los Angeles Division, San Bernardino Domicile. On matters not related to the Task Force, assigned personnel will continue to be subject to the established lines of supervision of their respective agencies.
In the event of a conflict with respect to supervisory authority, no action will be taken by the involved personnel until the conflict is resolved at the agency head level. Each member of the Task Force is subject to the personnel rules, regulations, laws and policies applicable to th eir respective agency. Each Task Force member will continue to report to his or her respective agency supervisor for non -investigative matters not detailed in this MOU.
Dismissal from the Task Force is at the sole discretion of the Postal Inspection Service.
XII. Operation
The TFS, in consultation with a case specific Assistant United States Attorney (“AUSA”), or the state and/or local prosecutor, will be primarily responsible for directing and monitoring investigations related to the Task Force. In cases which have been designated for federal prosecution, all investigative procedures shall conform to the current USPIS and Department of Justice regulations and guidelines on criminal investigations and undercover operations.
XIII. Information Sharing
A. No information possessed by the USP IS, to include information derived from informal communications between Task Force personnel and USPIS employees Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 6
Menifee Mayor and City Council
June 19, 2024
Page
638 of 1630
5 not assigned to the Task Force, may be disseminated by Task Force personnel to non-Task Force personnel without prior USPIS authorization and in accordance with the applicable laws and internal regulations, procedures or agreements between the Task Force and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, Task Force personnel will not provide any participating agencies’ information to the USPIS that is not otherwise available to it unless authorized by appropriate participating agency officials. This prohibition shall not be interpreted to limit or prevent discussion between the Task Force member and his/her Menifee Police Department supervisors.
B. Each Party that discloses personal identifying information (“PII”) is responsible for making reasonable efforts to ensure that the information dis closed is accurate, complete, timely, and relevant.
C. The USPIS is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the USPIS so that corrective action can be taken. Similarly, if the USPIS becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken.
D. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party.
E. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches).
XIV. Administrative Support
Routine administrative support will be provided by the USPIS.
TFOs will be provided access badges and necessary keys. USPIS will provide a cellphone and computer for the TFOs. USPIS will provide access to office space and equipment as required.
XV. Access to USPS/USPIS Facilities
At the direction of a Postal Inspector, TFOs may retrieve parcels from areas where mail is accepted or processed when the parcels are related to ongoing investigations.
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 7
Menifee Mayor and City Council
June 19, 2024
Page
639 of 1630
6 TFOs must be accompanied by a Pos tal Inspector while conducting interdictions at USPS facilities.
XVI. Financial Responsibility
Each participating agency will be responsible for the pay and benefits of their employees participating on the Task Force.
XVII. Overtime Payments
The Menifee Police Department may request reimbursement of overtime salary expenses in connection with work performed on behalf of, and in furtherance of investigations performed by their investigators assigned to this initiati ve. Menifee Police Department officers are required to provide the TFS with documentation of approved investigative activity for certification, including the applicable case numbers.
At the sole discretion of the USPIS and as funding allocations permit, the USPIS will reimburse the participating agency for overtime salary expenses directly related to work on the Task Force performed by its officer(s) assigned to Task Force. Participating agency officers shall be required to provide the TFS with their overtime hours, along with referencing cas e numbers and documentation of investigative activity for certification by the TL prior to submitting their overtime for invoice preparation. It is requested that the participating agency provide a separate breakdown, by officer, of the date(s) and the number of hours they worked overtime along with the referencing case numbers, in addition to the overtime invoice. Overtime invoices should be submitted at least monthly to the USPIS San Bernardino Domicile (Los Angeles Di vision), to the attention of the TFS.
The maximum reimbursement allowable for overtime worked on behalf of the joint operation is $19,840.75 per year, per Task Force officer.
Procedures for submitting requests for reimbursement are outlined in Attachment A.
XVIII. Program Audit
A. This Agreement and its provisions are subject to audit by the USPIS, USPS Office of Inspector General, and other designated government auditors. The participating agenc ies agree to permit such audits and ag ree to maintain all records relating to these transactions for a period of not less than three years, and in the event of an ongoing audit, until the audit is completed.
B. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts of expenditures related to this A greement, as well as interviews of any and all personnel involved in these transactions.
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 8
Menifee Mayor and City Council
June 19, 2024
Page
640 of 1630
7 XI
X. Forfeitures
Fo
rfeiture actions will be processed by the USPIS. All seizures will be equitably shared consistent with DOJ and USPIS equitable sharing guideli nes. The parties agree that at the discretion of the U.S. Postal Inspector’s appointed designee, assets seized during Task Force investigations will be forfeited under State of California or Federal law, depending on the circumstances of the case and applicable laws. It is understood however that final decisions with respect to Equitable Sharing for assets forfeited administratively, are made at Inspection Service National Headquarters. Final decisions with respect to assets forfeited through Federal civil or criminal actions are made by the DOJ and must be in compliance with the State of California laws governing the receipt of Federal Equitable Sharing funds by State and local law enforcement agencies.
XX. Ev
idence
E
vidence collected pursuant to Task Force investigations will normally be held by the agency responsible for presenting the case for prosecution unless other arrangements are made. Evidence collected in Task Force investigations which require forensic analysis will be submitted to USPIS Forensic Laboratory Services unless the situation dictates otherwise.
XXI
. Media Relations and Press Releases
Me
dia relations and press releases will be coordinated between the participating Task Force agencies and controlled by the designated Task Force supervisory officer and the office of prosecution. Task Force participants agree that info rmation will only be disseminated to the media in accordance with the terms of this MOU.
X
XII. Disclosure of Grand Jury Proceedings
All p
ersonnel assigned to the Task Force shall strictly adhere to the requirements of Rule 6(e) of the Federal Rules of Criminal Procedure regarding grand jury secrecy.
X
XIII. Compliance with Civil Rights Act of 1964
All p
ersonnel assigned to this initiative will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed by and pursuant to the regulations of the DOJ (28 CFR Part 42, Subparts C and D) issued pursuant to Title VI, relating to discrimination on the grounds of race, color, creed, sex, age, or national origin, and equal employment opportunities.
XXI
V. Liability
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 9
Menifee Mayor and City Council
June 19, 2024
Page
641 of 1630
8 P
articipating agencies shall hold USPIS, its agents, employees, and representatives harmless from and against any and all claims, actions, or causes of actions and liabilities which may be asserted by third parties arising out of or resulting from any act taken or committed or any omission by its own personnel pursuant to this Agreement.
T
his Agreement and limitation on liability shall not discharge any claim for reimbursement made by USPIS to participating agencies for damages or expenses under the terms of this Agreement.
A
ny third- party claims, cause of action, and liabilities asserted will be handled in accordance with the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680.
XXV
. Duration
T
his Task Force will be initiated once participating agencies sign this M OU. This MOU is in effect upon signing by authorized representatives of participating agencies and USPIS and shall continue in full force and effect until terminated or canceled by the parties.
T
his MOU may be terminated or canceled by either party at any time on written notice provided thirty (30) days in advance of the effective date of termination. Any modification or amendment to this Agreement shall become effective when reduced to writing and signed by the authorized officials of the respective agencies.
XXV
I. Authorization
T
his MOU is hereby accepted as setting forth the general intentions and understanding of the undersigned.
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Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 10
Menifee Mayor and City Council
June 19, 2024
Page
642 of 1630
9 _______
_________________________ Date: ______________
Carroll Harris
Inspector in Charge, Los Angeles Division
United States Postal Inspection Service
_______
_________________________ Date: ______________
Chris Karrer
Chief of Police
Menifee Police Department
_______
_________________________ Date: ______________
Armando G. Villa
City Manager
City of Menifee (California)
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 11
Menifee Mayor and City Council
June 19, 2024
Page
643 of 1630
10 ADDENDUM A
C
ost Reimbursement Agreement
It is hereby agreed between t he United St ates Postal Inspection Service (“USPIS”) and the City of Menifee on behalf of the Menifee Police Department, Federal Taxpayer Identification Number 94-3439857 that:
Subject to the a vailability of funds, the USPIS will reimburse the Menifee Police Department for overtime payments for the law enforcement officer(s) assigned to a joint initiative with the USPIS – Los Angeles Division as set forth below for expenses necessary for detection, investigation, and prosecution of crimes committed a gainst the United States.
Overtime reimbursements for the Menifee Police Department officer(s) a ssigned to the initiative will be authorized and issued on a n as needed basis and will be calculated at the usual rate for which t he individual Officer’s time would be compensated. The overtime reimbursement allocation for M enifee Police Department officer(s) assigned to the initiative will not exceed $19,372.00 for each officer per Fiscal Year (October through September).
Overtime will be made directly to the Menifee Police Department by the USPIS. All overtime payments are made by electronic fund transfer (“EFT”). An ACH vendor/miscellaneous payment enrollment form must be on file with the USPIS’s Los Angeles Division Headquarters to facilitate payments.
The Menifee Police Department agrees to provide monthly overt ime invoices to include a breakdown per individual Officer of the date(s) and the number of overtime hours worked along with the associated case numbers. Overtime invoices requesting reimbursement for any given month should be submitted t o the USPIS at the address below by the 10th calendar day of the following month for which reimbursement is requested: U.S . Postal Inspection Service
ATTN Diana Johnson
Manager – Inspection Service Administration
P.O. Box 2000
Pasadena, CA 91102-2000
Email: [email protected]
At
the commencement of each USPIS fiscal year, prior to the submission of any overtime reimbursement requests, the Menifee Police Department will provide the salary and hourly overtime rate for each Officer assigned to the joint initiative.
R
equests for reimbursement will include the name, rank, identification number, overtime compensation rate, number of reimburs able hours claimed and the dates of those hours for each Officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the Menifee Police Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 12
Menifee Mayor and City Council
June 19, 2024
Page
644 of 1630
11 Department that the request has been personally reviewed, the information is accurate, and the personnel for whom reimbursement is claimed were assigned to the joint initiative.
Each request for reimbursement will include: an invoice number, invoice date, TIN, and correct banking informa tion, to complete the electronic funds transfer. The necessary banking information is the depositor’s account title, bank account number, routing number, and type of account (checking, savings, or lockbox). If the banking information changes, the Menifee Police Department must submit a new ACH vendor/miscellaneous payment enrollment form to the USPIS.
________________________________ Date: ______________
Carroll Harris
Inspector in Charge, Los Angeles Division
United States Postal Inspection Service
________________________________ Date: ______________
Chris Karrer
Chief of Police
Menifee Police Department
________________________________ Date: ______________
Armando G. Villa
City Manager
City of Menifee (California)
Item Title: 10.22
Memorandum
of
Understanding
with
United
States
Postal
Inspection
Service
for
Criminal
Offense
Investigation
Coordination Efforts
Item Page Number: 13
Menifee Mayor and City Council
June 19, 2024
Page
645 of 1630
CITY OF MENIFEE
SUBJECT: Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Jorge Aguilar, Assistant Engineer
Haile Ford, 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 Public Improvement Agreements to guarantee the completion of required public improvements associated with Assessor’s Parcel Number (APN) 331-180-022, located north of McLaughlin Road, east of Antelope Road, and west of San Jacinto Road.
DISCUSSION
Nova Power Bank (“Project”) is a previously approved redevelopment of a 43.14-acre parcel (APN 331-180-022) that was formerly known as Inland Empire Energy Center (IEEC) power generation plant. Nova Power, LLC (“Developer”) is the Project owner and is in the process of redeveloping the property to serve as a regional energy storage facility. The Project is located north of McLaughlin Road, east of Antelope Road, and west of San Jacinto Road.
The Developer is now requesting approval of three Public Improvement Agreements (“PIAs”) as required by the Project’s conditions of approval for the completion of streets, drainage, landscape improvements, and placement of survey monuments. The PIAs require that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.
Staff has reviewed the Developer’s request and determined that the PIAs meet the requirements of the Project’s conditions. A summary of the bonds being posted to guarantee the required improvements are shown in Table 1 and Table 2 on the following page.
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
646 of 1630
City of Menifee Staff Report
Public Improvements - IP24-018, Nova Power Bank
June 19, 2024
2 2
4 3
TABLE 1- ORIGINAL POSTED SECURITY IMPROVEMENTS
Improvement Security Faithful Performance Material & Labor Street and Drainage SPA150559 001 $ 2,200,000 $ 2,200,000 Landscaping SPA150559 001 $ 71,000 $ 71,000 Total $ 2,271,000 $ 2,271,000
TABLE 2 - ORIGINAL POSTED SECURITY MONUMENT IMPROVEMENTS Improvement Security No. Monument Bond
Survey Monuments SPA150559 002 $ 10,000
Total $ 10,000
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees and deposits associated with the Project review.
ATTACHMENTS
1. Project Map
2. Agreement – Streets and Drainage
3. Agreement – Landscape
4. Bonds - Improvements
5. Agreement –Monuments
6. Bond - Monuments
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 2
Menifee Mayor and City Council
June 19, 2024
Page
647 of 1630
PROJECT MAP
VICINITY MAP
MCLAUGHLIN ROAD
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 3
Menifee Mayor and City Council
June 19, 2024
Page
648 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 4
Menifee Mayor and City Council
June 19, 2024
Page
649 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 5
Menifee Mayor and City Council
June 19, 2024
Page
650 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 6
Menifee Mayor and City Council
June 19, 2024
Page
651 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 7
Menifee Mayor and City Council
June 19, 2024
Page
652 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 8
Menifee Mayor and City Council
June 19, 2024
Page
653 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 9
Menifee Mayor and City Council
June 19, 2024
Page
654 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 10
Menifee Mayor and City Council
June 19, 2024
Page
655 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 11
Menifee Mayor and City Council
June 19, 2024
Page
656 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 12
Menifee Mayor and City Council
June 19, 2024
Page
657 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 13
Menifee Mayor and City Council
June 19, 2024
Page
658 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 14
Menifee Mayor and City Council
June 19, 2024
Page
659 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 15
Menifee Mayor and City Council
June 19, 2024
Page
660 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 16
Menifee Mayor and City Council
June 19, 2024
Page
661 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 17
Menifee Mayor and City Council
June 19, 2024
Page
662 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 18
Menifee Mayor and City Council
June 19, 2024
Page
663 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 19
Menifee Mayor and City Council
June 19, 2024
Page
664 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 20
Menifee Mayor and City Council
June 19, 2024
Page
665 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 21
Menifee Mayor and City Council
June 19, 2024
Page
666 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 22
Menifee Mayor and City Council
June 19, 2024
Page
667 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 23
Menifee Mayor and City Council
June 19, 2024
Page
668 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 24
Menifee Mayor and City Council
June 19, 2024
Page
669 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 25
Menifee Mayor and City Council
June 19, 2024
Page
670 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 26
Menifee Mayor and City Council
June 19, 2024
Page
671 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 27
Menifee Mayor and City Council
June 19, 2024
Page
672 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 28
Menifee Mayor and City Council
June 19, 2024
Page
673 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 29
Menifee Mayor and City Council
June 19, 2024
Page
674 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 30
Menifee Mayor and City Council
June 19, 2024
Page
675 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 31
Menifee Mayor and City Council
June 19, 2024
Page
676 of 1630
Item Title: 10.23
Improvement Agreements and Bonds for Nova Power Bank, by Nova Power, LLC Item Page Number: 32
Menifee Mayor and City Council
June 19, 2024
Page
677 of 1630
CITY OF MENIFEE
SUBJECT: Final Map, Improvement Agreements, and Bonds for Tract Map 31194-1, Golden Meadows, by Richland Planned
Communities, Inc.
MEETING DATE: June 19, 2024
TO: Mayor and City Council
PREPARED BY: Haile Ford, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the filing of the final map for Tract Map 31194-1, Golden Meadows, by Richland Planned Communities, Inc., located south of Garbani Road, north of Wickerd Road, and east of Evans Road; and
2. Approve and authorize the City Manager to execute the improvement agreements to guarantee completion of required onsite and offsite improvements and placement of survey monuments associated with Tract Map 31194-1.
DISCUSSION
Tract Map (TM) 31194-1, a phase of Golden Meadows (“Project”), is a proposed subdivision of
48.9 gross acres of land into 109 total lots for residential use, along with 14 lots for open space/water quality and drainage purposes. TM 31194-1 is one of four phases of the Project by Richland Planned Communities, Inc. (“Developer”) and is located south of Garbani Road, north of Wickerd Road, and east of Evans Road.
The Developer is now requesting approval and filing of the final map for TM 31194-1 and approval of the associated Subdivision Improvement Agreement and the Agreement for the Placement of Survey Monuments (“Agreements”) as required by the Project’s conditions of approval. The Agreements require that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The Agreements also require that offsite and onsite improvements be completed within 12 months, and survey monuments be placed within 24 months, from the date of City Council approval.
Item Title: 10.24
Final
Map,
Improvement
Agreements,
and
Bonds
for
Tract
Map
31194-1,
Golden
Meadows,
by
Richland
Planned
Communities, Inc.
Item Page Number: 1
Menifee Mayor and City Council
June 19, 2024
Page
678 of 1630
City of Menifee Staff Report
TM 31194-1 Final Map, Golden Meadows
June 19, 2024