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

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Empowering field staff with this additional data would lead to faster, more informed responses, improving overall public service and ensuring quicker resolutions for the citizens of Menifee. The integration of GoGov data represents a smart, strategic investment in officer safety, operational efficiency, and community-focused policing.

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 agreement shall remain the same.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of Amendment No. 1 is $4,200. Funding for the proposed amendment is available within the adopted Fiscal Year 2024/2025 Budget for the Menifee Police Department, Code Enforcement Division in the General Fund under professional services (1100-MPD-CODE- 652800). No additional budget appropriation action(s) would be required. Future year funding would be budgeted in the corresponding fiscal years.

ATTACHMENTS

1. Amendment No. 1

2. Original Agreement
Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 2

Menifee Mayor and City Council
December 17, 2024
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AMENDMENT NO. 1 TO JULY 6, 2022 AGREEMENT BY AND BETWEEN CITY OF

MENIFEE AND GOGOV, INC FOR SOFTWARE SUBSCRIPTION SERVICES AMENDMENT NO. 1 TO JULY 6, 2022 AGREEMENT BY AND BETWEEN CITY OF MENIFEE

AND GOGOV, INC FOR SOFTWARE SUBSCRIPTION SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Agreement (“Agreement”) made on July 6, 2022 between the City of Menifee (“City”) and GOGOV, INC. a New York corporation (“GoGov”) which this Amendment No. 1 is made and entered into on______________________ to increase the compensation amount and augment the scope of services, as indicated below:

1. All other terms and conditions of the Agreement remain in full force and effect.

2. The Agreement is hereby supplemented to include the supplement to services attached as Exhibit A hereto and incorporated herein by this reference. The not-to-exceed compensation amounts in the Agreement shall be supplemented to include the additional compensation, on an annual basis beginning on _July 1, 2024__.

3. 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: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 3

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December 17, 2024
Page
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AMENDMENT NO. 1 TO JULY 6, 2022 AGREEMENT BY AND BETWEEN CITY OF MENIFEE

AND GOGOV, INC FOR SOFTWARE SUBSCRIPTION SERVICES
CITY OF MENIFEE GOGOV, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager
Attest: ________________________________
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 4

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December 17, 2024
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EXHIBIT A

SUPPLEMENT TO SERVICES
Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 5

Menifee Mayor and City Council
December 17, 2024
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Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 6

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December 17, 2024
Page
161 of 768

Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 7

Menifee Mayor and City Council
December 17, 2024
Page
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Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 8

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December 17, 2024
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Item Title: 9.8
Agreement

Amendment

with

GoGov,

Inc.

for

Citizen

Request

Management

and

Revenue

Experts

Software

Service
Integration
Item Page Number: 9

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December 17, 2024
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project
MEETING DATE: December 17, 2024
TO: Mayor and City Council
PREPARED BY: Carlos E. Geronimo, Engineering Manager
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. 5 to the Professional Services Agreement with CannonDesign increasing the compensation by $37,770, for a total amount not-to-exceed $999,830, for the New Quail Valley Fire Station No.5, Capital Improvement Program (CIP) Project No. 21-04.

DISCUSSION
The New Quail Valley Fire Station No.5 project, CIP 21-04 (“Project”) would construct an approximately 9,000 sq. ft. fire station facility located at 29745 Goetz Road, just south of Vista Way. The new station would replace the existing Quail Valley Fire Station No. 5 to provide a modernized facility in order to sustain the necessary fire services while accommodating additional staff and supporting the growing fire response needs of the community. The construction efforts for the Project began in December 2022 and will be substantially complete by December 2024.

On April 21, 2021, the City Council approved a Professional Services Agreement (“Agreement”) with CannonDesign (“Consultant”) to provide architectural and engineering services required for design, as well as preparation of construction documents for the Project.

Throughout the duration of the Project, several preceding amendments to the original Agreement have been necessary to extend terms and accommodate unanticipated costs associated with the Consultant’s increased scope of work. As the construction phase progressed, the Project experienced unforeseen site conditions and substantial timeline delays due to key material shortages. Details of each prior amendment are outlined in Table 1 on the following page.

Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 1

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December 17, 2024
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City of Menifee Staff Report
CIP 21-04 CannonDesign Amendment No. 5
December 17, 2024

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TABLE 1- AGREEMENT ACTIVITY HISTORY
PSA Activity Approval Date Summary of Changes Amount
Original Contract 04/21/2021 PS&E Design Services $612,347 Amendment No. 1 02/04/2022 Term Extension through 02/28/2022 N/A Amendment No. 2 02/16/2022 Construction support, administration services, and as-built preparation.

Extend terms through 06/30/2023
$349,713
Amendment No. 3 06/21/2023 Extend terms through 06/30/2024 N/A Amendment No. 4 06/19/2024 Extend terms through 12/31/2025 N/A Amendment No. 5 TBD Additional construction support,
administration services, and as-built
preparation.
$37,770
Total $999,830
Due to the Project delays additional Consultant work was required to complete their scope and properly close out the Project. Staff determined the Consultant’s proposed cost for the additional work to be reasonable. The proposed Amendment No. 5 would increase the Consultant’s Agreement by $37,770, for a total Agreement amount not-to-exceed $999,830. The additional efforts under Amendment No. 5 would include:

1. Construction Administration Phase:
•Additional support services through December 2024 for the following activities:
▪Attend weekly construction progress meetings.
▪Respond to contractor’s Requests for Information.
▪Review contractor’s payment applications.
▪Complete punch list at substantial completion.

2. Post-Construction Phase:
•Digital Record Drawings at completion of construction based on contractor-provided As-Builts.
•Conduct a single project walk with City staff and general contractor after nine months to review any items subject to warranties.

Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the original agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 5 with the Consultant is $37,770, increasing the total not-to-exceed Agreement value to $999,830. Funding for the proposed Amendment No. 5 is available within the Project budget through fiscal year 2024/2025 within the Measure DD Quality of Life Fund (1105-PWD-CIPS-760050), as summarized in Table 2 on the following page.

Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 2

Menifee Mayor and City Council
December 17, 2024
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City of Menifee Staff Report
CIP 21-04 CannonDesign Amendment No. 5
December 17, 2024

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TABLE 2 – PROJECT BUDGET
Fund Project No. Available Budget Anticipated Cost
Measure DD CIP21-04 $347,541 $37,770

ATTACHMENTS

1. Project Location Map

2. Amendment No.5

3. Original Agreement

4. Amendment No.1

5. Amendment No.2

6. Amendment No.3

7. Amendment No.4
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 3

Menifee Mayor and City Council
December 17, 2024
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation5_ProjectSite\FireStation5_ProjectSite.aprx Date: 11/23/2021 Fire Station No. 5 (CIP 21-04)
Project Location Map
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 4

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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP NO. 21-04 NEW FIRE STATION NO. 5

ARCHITECTURAL AND ENGINEERING SERVICES
This is Amendment No. 5 (“Amendment No. 5”) to that certain Professional Services Agreement (“Agreement”) made on _April 21, 2021_ between the City of Menifee (“City”) and CANNON DESIGN 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”), as amended by that certain Amendment No. 4 to the Agreement entered into on June 19, 2024 (“Amendment No. 4”), which this Amendment No. 5 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. 5 shall have the meanings ascribed to them in the Agreement.

2. Section 2, “Compensation” is amended to increase the maximum compensation by $37,770.00 (THIRTY SEVEN THOUSAND SEVEN HUNDRED SEVENTY DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $999,830.00 (NINE HUNDRED

NINETY NINE THOUSAND EIGHT HUNDRED THIRTY DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for 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 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 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.

3. Exhibit A, Scope of Services is supplemented to include Amendment No. 5 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto. “Amendment No. 5 Scope of Work Additional Work (Amendment No. 5)” 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.

Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 5

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Professional Services Amendment No. 5 with CannonDesign

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 5 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: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 6

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Professional Services Amendment No. 5 with CannonDesign CITY OF MENIFEE CannonDesign
_______________________________ _______________________________ 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: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 7

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Professional Services Amendment No. 5 with CannonDesign

EXHIBIT A
Amendment No. 5 Scope of Work Additional Work
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 8

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Professional Services Amendment No. 5 with CannonDesign Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 9

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2671/031858-0001
7630376.2 a03/26/21

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 21-04 NEW FIRE STATION NO. 5

ARCHITECTURAL AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of _____, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Cannon Parkin Inc (dba “CannonDesign”), a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on April 21, 2021 and shall end on December 31, 2021 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and that Consultant is a provider of fi rst class work and services and Consultant is experienced in performing the Services contemplated herein, Consultant shall perform the Services required pursuant to this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances (the “Standard of Care”). The Standard of Care shall be met at the satisfaction of the Contract Administrator. The Consultant makes no other representations or warranties, whether express or implied, with respect to the services rendered hereunder. This limitation shall not be modified by any certification or representation made by Consultant as an accommodation at the request of the City.

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

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

DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 21 April
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 10

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SIX HUNDRED TWELVE

THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND ZERO
CENTS ($612,347.00) not withstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the 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 Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 11

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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

2.3 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. Should Consultant be required to perform services beyond those listed in Exhibit A (“Additional Services”), Consultant shall be entitled to additional compensation, provided that Consultant receives advance written approval in the form of a signed contract amendment executed by both parties.

In no event shall Consultant 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.

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 12

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

SECTION 4. INSURANCE REQUIREMENTS.

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

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 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 o r 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 t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 13

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

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

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional lia bility insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ negligent acts, errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 14

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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: CIP 21-04 NEW FIRE STATION NO. 5 - ARCHITECTURAL AND ENGINEERING SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to Ci ty 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.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s genera l supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured 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 l oss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
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During the term of this Agreement, only upon the pr ior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties o f any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant 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 Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

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.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwi thstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this 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.

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SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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

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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had complete d the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
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the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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, howev er, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set s uch fees in the same action or in a separate action brought for that purpose.

10.2 Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement , or any other agreement, neither Party shall be liable to the other arty under this Agreement, whether due to breach of contract, tort (including negligence), strict liability, or otherwise, for loss of anticipated revenues or profits, damages by reason of loss of business reputation or opportunities, or for any special, exemplary, punitive, in cidental, liquidated or consequential loss or damage of any nature arising at any time or from any cause whatsoever.

10.3 Compliance. Each party to this contract agrees to comply with all applicable laws, including the Anti -Bribery and Anti -Corruption laws, of every government entity having jurisdiction in this matter, as well as the Foreign Corrupt Practices Act (FCPA) of the United States, the Canadian Corruption of Foreign Public Officials Act (CFPOA) and the Anti-Trafficking provisions of the Federal Acquisition Regulations. Each party to this contract shall comply with its respective Code of Conduct (Policy). Further, each party shall use Consultant’s independently maintained “Ethics Line” to report, anonymously or otherwise, any suspected violation of law or Policy during the course of the services, including any potential violation of the FCPA, or any federal or state procurement laws.

By telephone (24 hours a day, 7 days a week): 1.855.502.1878 By email: www.reportlineweb.com/cannondesign

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

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10.5 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.

10.6 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.

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

10.8 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.

10.9 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Brandon Dekker, Principal (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

CannonDesign
Attn: Brandon Dekker, Principal
Turner Riverwalk, 11801 Pierce Street, St 200
Riverside, CA 92505
Any written notice to City shall be sent to the Contract Administrator at:

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

City Clerk
City of Menifee
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 22

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29844 Haun Road
Menifee, CA 92586

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

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

10.13 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.

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

10.15 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.

10.16 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 viol ate any provision of any other Agreement to which said Party is bound.

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

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

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

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

10.21 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, di rect 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 G. Villa, City Manager

Attest:

Sarah A. Manwaring, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Brandon Dekker-Principal

Matt Greiner-Senior Vice President

[Corporation must have two signatures]
DocuSign Envelope ID: AFD22886-A96B-4037-AD15-E64A2B708E4A DocuSign Envelope ID: E4A7FA53-D718-4EEB-A593-DEA72B0171C0 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 25

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EXHIBIT A

SCOPE OF SERVICES
Comprehensive Architectural and Engineering Services in the amount not to exceed SIX

HUNDRED TWELVE THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND ZERO CENTS ($612,347.00) for CIP 21-04 (New Fire Station No.5) as further detailed in the following pages.

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AMENDMENT NO. 1 TO
AGREEMENT BETWEEN Cannon Parkin Inc (dba “CannonDesign”) AND THE CITY OF MENIFEE FOR CIP No. 21-04 NEW FIRE STATION NO. 5 -

ARCHITECTURAL AND ENGINEERING SERVICES

This is Amendment No. 1 to that certain AGREEMENT for 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 which Amendment No. 1 is made and entered into on ______________, 2022 to extend the term of service.

1. 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 February 28 , 2022 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.

2. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 9438CF6A-55BE-4D5D-9588-A43C8CB0FF81 DocuSign Envelope ID: 5FBAE051-54A7-4AFC-94E2-1D96A548760C February 4,
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 35

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Professional Services Amendment No. 1 with CannonDesign

CITY OF MENIFEE Cannon Parkin Inc (dba “CannonDesign”)

_______________________________ _______________________________ Armando G. Villa, City Manager Brandon Dekker-Principal

Attest: ________________________________
Matt Greiner-Senior Vice President

_______________________________
Sarah A. Manwaring, City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 9438CF6A-55BE-4D5D-9588-A43C8CB0FF81 DocuSign Envelope ID: 5FBAE051-54A7-4AFC-94E2-1D96A548760C Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 36

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AMENDMENT NO. 2 TO
AGREEMENT BETWEEN Cannon Parkin Inc (dba “CannonDesign”) AND THE CITY OF MENIFEE FOR CIP No. 21-04 NEW FIRE STATION NO. 5 -

ARCHITECTURAL AND ENGINEERING SERVICES

This is Amendment No. 2 to that certain AGREEMENT for 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 which Amendment No. 2 is made and entered into on ______________, 2022 to extend the term of service, increase the scope of work and compensation amount as indicated below:

1. 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 June 30, 2023 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.

2. Section 2, “Compensation” is amended to increase the maximum compensation by $349,713.00 (THREE HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED THIRTEEN DOLLARS AND ZERO CENTS), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $962,060.00 (NINE HUNDRED SIXTY TWO THOUSAND SIXTY DO LLARS AND ZERO CENTS ) notwithstanding any contrary indications that may be contained in Consultant's proposal, for 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 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 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.

3. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” 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.

4. All other terms and conditions of the Agreement remain in full force and effect.

DocuSign Envelope ID: 5C14B719-4CDA-44D5-9677-684D0BC8D865 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 the 16th of February
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 37

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

CITY OF MENIFEE CannonDesign

_______________________________ _______________________________ Armando G. Villa, City Manager Brandon Dekker-Principal

Attest: ________________________________
Matt Greiner-Senior Vice President

_______________________________
Sarah A. Manwaring, City Clerk

Approved as to Form:

_______________________________
Jeffrey T. Melching, City Attorney

DocuSign Envelope ID: 5C14B719-4CDA-44D5-9677-684D0BC8D865 DocuSign Envelope ID: 484297B0-2D29-4A95-BC10-5706B0ED7A00 Item Title: 9.9
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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

Exhibit A: Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)

(See following pages for additional detail)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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Professional Services Amendment No. 2 with Cannon Parkin Inc (dba “CannonDesign”)

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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP No. 21-04 NEW FIRE STATION NO. 5 (ARCHITECTURAL AND

ENGINEERING SERVICES)

This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Services Agreement (“Agreement”) made on _April 21, 2021_ between the City of Menifee (“City”) and CannonDesign (“Consultant”) for CIP No. 21 -04 NEW FIRE STATION NO. 5 (ARCHITECTURAL AND ENGINEERING SERVICES ) which this Amendment No. 3 is made and entered into on ______________, 2023 to extend the term of the agreement 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 term of this Agreement shall begin on the December 15, 2021 and shall end on June 30, 2024 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. 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)
DocuSign Envelope ID: C030F633-C375-4759-AAA3-842149018A0C DocuSign Envelope ID: 2E9F7300-D4F1-4F4B-8EA0-ECC2FEBB6864 June 21
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 46

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Professional Services Amendment No. 3 with CannonDesign CITY OF MENIFEE CannonDesign

_______________________________ _______________________________ 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

DocuSign Envelope ID: C030F633-C375-4759-AAA3-842149018A0C DocuSign Envelope ID: 2E9F7300-D4F1-4F4B-8EA0-ECC2FEBB6864 Item Title: 9.9
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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 DESIGN 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)
DocuSign Envelope ID: 63B7B033-73E4-4586-837B-54E742BB59D9 June 19
Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 48

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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 MENIFEE CannonDesign

_______________________________ _______________________________ 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

DocuSign Envelope ID: 63B7B033-73E4-4586-837B-54E742BB59D9 Item Title: 9.9
Agreement Amendment with Cannon Design for the New Quail Valley Fire Station No. 5 Project Item Page Number: 49

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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Engineering Resources of Southern California for the Paloma Wash Pedestrian Bridge Project
MEETING DATE: December 17, 2024
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
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 Engineering Resources of Southern California for Design Services for the Paloma Wash Pedestrian Bridge Project, Capital Improvement Program (CIP), Project No. CIP 20-13, extending the terms through December 31, 2025.

DISCUSSION
The Paloma Wash Pedestrian Bridge Project, CIP 20-13 (“Project”) is planned to install a prefabricated multi-use bridge over the Paloma Wash Channel, providing a direct connection between the Paloma Wash Trail located at Central Park on the west, to the commercial areas along Haun Road on the east. The Project would provide an active transportation benefit to the residential and Civic Center areas located west of the channel. The Project would consist of the installation of a 14’ wide by 174’ long prefabricated bow steel-truss pedestrian bridge, two concrete abutments, retaining walls, bicycle lanes, concrete walkways and ADA ramps, and architectural features including paving and shades, landscaping and irrigation, and electrical lighting.

On June 1, 2022, the City Council approved a Professional Services Agreement (“Agreement”) with Engineering Resources of Southern California (“Consultant”) to provide architectural and civil design services and plans, specifications, and estimates (PS&E) for the Project. On December 6, 2023, City Council approved Amendment No. 1 to extend the terms of the Agreement through December 31, 2024. Amendment No. 2 was entered into on June 20, 2024, and was necessary to increase the Consultant’s scope of work to address environmental requirements imposed by external agencies. Details of each prior amendment are outlined in Table 1 on the following page.

Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 1

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City of Menifee Staff Report
CIP20-13 ERSC Amendment No. 3
December 17, 2024

Page 2 of 2 ends

2 4
5 2
TABLE 1 – AGREEMENT ACTIVITY SUMMARY
PSA Activity Approval Date Summary of Changes Amount
Original Agreement June 1, 2022 Architectural and Engineering Professional Services $235,940
Amendment No. 1 December 6, 2023 Term extension through December 31, 2024 N/A
Amendment No. 2 June 20, 2024 Environmental Services $9,885 Amendment No. 3 TBD Term extension through
December 31, 2025 N/A
TOTAL $245,825
The design of the project is now completed, and City staff and the Consultant are working diligently to finalize the bid packages, obtain permits through the Riverside County Flood Control and Water Conservation District, and to procure the contractor. Construction of the Project is anticipated to begin in early Spring 2025. The current Agreement is set to expire on December 31, 2024. Amendment No. 3 would extend the terms of the Agreement through December 30, 2025 and allow the Consultant to provide the required professional services through both the construction and post-construction phases of the Project.

Pursuant to the Menifee Municipal Code §3.12.090, amendments or change orders for time extensions that exceed 60 days shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the approval of the proposed Amendment No. 3.

ATTACHMENTS

1. Project Location Map

2. Amendment No. 3

3. Original Agreement

4. Amendment No. 1

5. Amendment No. 2
Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 2

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Haun Rd
Copyright nearmap 2015
215
Haun Rd
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La Piedra Rd
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge.aprx Date: 5/11/2022 Paloma Wash Pedestrian Bridge (CIP 20-13)
Project Location Map
Item Title: 9.10
Agreement

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California

for

the

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Wash

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Bridge
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Item Page Number: 3

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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
This is Amendment No. 3 to that certain Professional Services Agreement (“Agreement”) made on June 1, 2022, between the City of Menifee (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (“Consultant”) for CIP 20-13 PALOMA WASH PEDESTRIAN BRIDGE PROJECT (PROFESSIONAL DESIGN SERVICES), as amended by that certain Amendment No. 1 to the Agreement entered into on December 6, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on June 20, 2024 (“Amendment No. 2”), which this Amendment No. 3 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. 3 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 June 1, 2022 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. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 4

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AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)

CITY OF MENIFEE ENGINEERING RESOURCES OF

SOUTHERN CALIFORNIA
Armando G. Villa, City Manager John M. Burdin, President Attest:

Moe Alimadi, Vice President
Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney
Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 5

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2671/031858-0001
7630376.2 a01/03/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, a (“Consultant”). City and Consultant may sometimes h erein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services . The term of this Agreement shall begin on June 1, 2022 and shall end on December 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to t his Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 June1
Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED THIRTY

FIVE THOUSAND NINE H UNDRED FORTY DOLLAR S AND ZERO
CENTS ($235,940.00) 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 Con sultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the n ame 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 Consultant and each employee, agent, and subc ontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 7

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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the S ervices and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above e ither 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.

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
Agreement

Amendment

with

Engineering

Resources

Southern

California

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 8

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

SECTION 4. INSURANCE REQUIREMENTS.

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

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract un til Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 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 DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

Any deductible or self -insured retention shal l be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expi ration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverag e. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, includin g 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 ref erence: CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT (PROFESSIONAL DESIGN SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required 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.
d. Additional insured; primary insurance . City and its of ficers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision o f Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured 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.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increa se in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requireme nts stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, vo lunteers, 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 pe nalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (col lectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “ design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the a pplicable provisions of the California Business and Professions Code.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunde r. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entit led 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.

DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design docu ments, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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 Section 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.

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

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affect ed 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 ot herwise affect the terms of this Agreement.

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by John M. Brudin, P resident (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Service s, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
Attn: John M. Brudin, President
1861 W. REDLANDS BLVD
REDLANDS, CA 92373
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kevin Bohne, Associate Engineer
with a copy to:

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

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

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

10.11 Rights and Remedies. Except w ith 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.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the 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.

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

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

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

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, dire ct 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 G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

John M. Burdin, President

Moe Ahmadi, Vice President

[Corporation must have two signatures]
DocuSign Envelope ID: FDC3850B-EA14-4E1E-8DB4-3B57B8241056 DocuSign Envelope ID: F2D90039-5CE9-498B-9A2F-6A501A891E57 Item Title: 9.10
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Design Services for CIP 20-13 Paloma Wash Pedestrian Bridge Project in the amount not to exceed TWO HUNDRED THIRTY F IVE THOUSAND NINE HUNDRED FORTY DOLLARS AND ZERO CENTS ($235,940.00) as further detailed in the following page(s).

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)

This is Amendment No. 1 to that certain Professional Services Agreement (“Agreement”) made on June 1 , 2022, between the City of Menifee (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (“Consultant”) for CIP 20-13 PALOMA WASH PEDESTRIAN BRIDGE PROJECT (PROFESSIONAL DESIGN SERVICES), (“Amendment No. 1”) is made and entered on , 2023 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 June 1, 2022 and shall end on December 31, 2024 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.

AMENDMENT
NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
DocuSign Envelope ID: A8160C96-CE82-4692-80F2-606D724E092E December 6,
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CITY OF MENIFEE ENGINEERING RESOURCES OF

SOUTHERN CALIFORNIA

Rebekah Kramer, Acting City Manager John M. Burdin, President

Attest:

Moe Alimadi, Vice President

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

Jeffrey T. Melching, City Attorney

AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)

This is Amendment No. 2 to that certain Professional Services Agreement (“Agreement”) made on June 1 , 2022, between the City of Menifee (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (“Consultant”) for CIP 20-13 PALOMA WASH PEDESTRIAN BRIDGE PROJECT (PROFESSIONAL DESIGN SERVICES), as amended by that certain Amendment No. 1 to the Agreement entered into on December 6, 2023 (“Amendment No. 1”) (“Amendment No. 1”) which this Amendment No. 2 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. 2 shall have the meanings ascribed to them in the Agreement.

2. SECTION 2, “Compensation” is amended to increase the maximum compensation by Nine Thousand Eight Hundred Eighty Five Dollars and Zero Cents ($9,885.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Two Hundred Forty Five Thousand Eight Hundred Twenty Five Dollars and Zero Cents ($245,825.00) 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.

3. 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:

AMENDMENT
NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
DocuSign Envelope ID: 9251BC16-EE16-4894-A1C6-3F33FCC6209A June 20
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SCOPE OF SERVICES

Consultant shall provide CIP 20-13 PALOMA WASH PEDESTRIAN BRIDGE PROJECT (PROFESSIONAL DESIGN SERVICES), in the amount not to exceed Two Hundred Forty- Five Thousand Eight Hundred Twenty-Five Dollars and Zero Cents ($245,825.00) as further detailed in the following page(s).

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

AMENDMENT
NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 20-13: PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
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CITY OF MENIFEE ENGINEERING RESOURCES OF

SOUTHERN CALIFORNIA

Armando G. Villa, City Manager John M. Burdin, President

Attest:

Moe Alimadi, Vice President

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
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EXHIBIT A

SCOPE OF SERVICES

AMENDMENT
NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)
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AMENDMENT
NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT CIP 20-13:

PALOMA WASH PEDESTRIAN BRIDGE PROJECT
(PROFESSIONAL DESIGN SERVICES)

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CITY OF MENIFEE
SUBJECT: Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements
MEETING DATE: December 17, 2024
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, IT Manager,
Ross Sublett, Management Analyst
REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the Finance Department to issue purchase order(s) for laptops, desktops, and monitors from Saitech, Inc. and SHI International in the aggregate and combined not-to-exceed amount of $250,000, including any applicable sales or use tax, for Fiscal Year 2024/2025; and

2. Authorize the City Manager to issue purchase order(s) for the purchase of laptops, desktops, and monitors with Howard Technology Solutions, Saitech, Inc. and SHI, in an amount up to $300,000 in aggregate per year, contingent on available and approved computer replacement budget, for Fiscal Years 2025/2026 and 2026/2027; and

3. Approve and authorize purchases utilizing cooperative purchasing (piggyback) agreements OMNIA 2018011-02, NCPA 01-170, and CMAS 3-24-03-1042 pursuant to Menifee Municipal Code Section 3.12.070 (6); and

4. Authorize the City Manager or his designee to execute all necessary documents related to these purchases.

DISCUSSION
In the delivery of municipal services, the City of Menifee uses a variety of technology hardware equipment and software(s). Specific to standard hardware used by employees, is a combination of computer laptops, desktops and monitors, and in the case of Menifee PD, Getac laptops, which provide mobility and hazard protection beyond typical computers. The City of Menifee is committed to ensuring that its employees have access to modern and efficient technology to perform their duties effectively. As part of this commitment, the Information Technology (IT) Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 1

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City of Menifee Staff Report
Laptop, Desktop, and Monitor Replacements
December 17, 2024

Page 2 of 5 ends

2 2
7 5
Department regularly assesses the state of the City's computing equipment and identifies when replacements are necessary to maintain optimal performance and security.

Within the current year’s adopted budget, the IT department has included budget in the amount of $300,000, earmarked for the on-going purchase of computer laptops, computer desktops, accessories and monitors. The purpose of these purchases is to both acquire new equipment for new personnel as these are brought on board, as well as in an organized and phased approach replace outdated equipment. Purchases for this equipment of approximately $50,000 have been processed in Fiscal Year (FY) 2024/2025 for replacements in the current year under City Manager authority.

Annual Computer Equipment Replacement Plan Approach:

To ensure that the City’s computer fleet remains operational and financially sustainable, the IT Department has developed a replacement plan to upgrade the outdated equipment within FY 2024/2025, and in future years. This plan involves replacing approximately 30% of the City’s computing equipment annually to ensure that all technology remains under manufacturer support and fully functional. Based on the current workforce and assigned equipment, 30% replacement currently equates to approximately 85 units per year. As the agency’s workforce size grows, so would the amount of equipment included within the replacement plan. In this approach the city addresses the following important components:
•Storage and security of equipment. Purchases will be completed on a quarterly basis, which provides an approach where the IT department manages the necessary inventory to maintain operations, but not excess inventory resulting in more storage needs. •Fiscal sustainability. Provides a phased approach to spreading costs of replacements and purchases each year, instead of large one year costs every several years. •Ensuring purchased equipment remains current, and not outdated. •Maintaining Performance: Regular updates prevent performance degradation over time. •Ensuring Compatibility: New software and updates often require more advanced hardware. •Enhancing Security: Older equipment is more vulnerable to security threats. •Minimizing Downtime: Replacing aging equipment reduces the risk of hardware failures and the associated downtime.

Using the replacement plan, each year the IT department would incorporate replacement costs as part of the respective year’s budget process and purchases.

Estimated Costs Annual Costs:

Based on most recent purchases, the per unit current estimated costs of the computer laptop and/or desktop equipment is estimated as follows:
•Laptops: Approximately $2,000 each
•Desktops: Approximately $2,500 each
•Monitors: Approximately $400 each
To maintain the 30% replacement per year cycle estimated annual costs for laptops, Getacs, desktops and accessories are estimated not-to-exceed $300,000 per year. Actual purchases Item Title: 9.11
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would be managed based on need, with a focus on maximizing the life of all equipment to the best extent while replacing before equipment failure occurs.

The estimated costs are based on the minimum requirements of the City’s equipment. In the management of such equipment the IT Department has established minimum equipment requirements to ensure compatibility, functionality and consistency across the agency. The laptops and desktops purchased reflect components (storage etc.) not necessarily readily available in larger quantities or purchase at local retails.

Vendor Selection/Recommendation for Computer Equipment Purchases:

To ensure the city receives the most competitive pricing on the purchase of computer equipment as well as streamline the on-going purchase of this equipment the IT Department and Finance Department completed the following process:

1. Identified available cooperative purchasing agreements for the purchase of such equipment.

2. Solicited informal quotes from various vendors with cooperative purchasing agreements for comparative pricing. The structure and pricing of cooperative purchasing agreements can vary, sought comparative pricing to secure the lowest available pricing of such equipment.

Cooperative purchasing agreements lets public agencies purchase goods and services through contracts already competitively solicited and awarded by a lead public entity. By participating in cooperative purchasing, organizations can save time and resources. It also allows them to access a wider range of products and services at potentially lower costs. The lead agency conducts the solicitation and bid/RFP process, sets the terms, and awards the contract to a supplier. Other agencies can also use the contract with competitive pricing and terms. Cooperative structures can vary, and thus their purchasing agreements may differ in several aspects such as: terms and conditions, contract offerings, access to documentation and fees and rebates. Understanding these variations helps agencies choose the cooperative that best meets their needs. Menifee Municipal Code Section 3.12.070 (6) allows for the purchase of supplies, equipment and non- professional services through cooperative purchasing agreements.

Competitive quotes were requested from ten prospective vendors with cooperating purchasing pricing through NASPO, OMNIA, and CMAS programs. The city received responses back from three vendors for Laptops, Getacs & Accessories and two responses back for Computer Monitors, Desktops and Accessories as summarized in Table 1 below and Table 2 on the following page.

TABLE 1 - LAPTOPS, GETACS & ACCESSORIES
Vendor Name Lowest
Pricing
Standard Equipment
Availability
Cooperative Agreement Number
Howard Technology
Solutions
5-7 Days (some items may
be on backorder)
CA CMAS Contract 3-24-03-1042
Saitech, Inc. X 15 Days NCPA 01-170
SHI 4-6 Weeks OMNIA 2018011-02
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TABLE 2 - COMPUTER MONITORS, DESKTOPS & ACCESSORIES
Vendor Name Lowest
Pricing
Standard Equipment
Availability
Cooperative Agreement Number
Howard Technology
Solutions
5-7 Days CA CMAS Contract 3-24-03-1042
SHI X 4-6 Weeks OMNIA 2018011-02
For the current year, FY 2024/2025, staff recommends issuing purchase orders (POs) to Saitech, Inc. and SHI in the amount of $250,000 for the procurement of new laptops, desktops, and monitors. Saitech, Inc. would be used for the purchase of laptops, Getacs & accessories and SHI would be used for the purchase of computer monitors, desktops and accessories. Distribution of the $250,000 would be based on needs, but initially it is estimated to be as follows: $135,000 for Saitech, Inc. and $115,000 for SHI. If during the year staff identifies larger equipment needs in one category (i.e., monitors versus laptops), IT staff would work with Finance to process change orders accordingly. Overall, POs issued, including change orders applied, would not exceed $250,000 combined. The replacement process would be carried out in phases to minimize disruption to City operations. The two vendors have been selected due to their competitive pricing and acceptable standard equipment availability.

FY 2025/2026 and FY 2026/2027 Purchases:

Part of the challenges faced when ordering laptops, computers and accessories is equipment availability. To streamline the ordering process, staff is requesting authority for the City Manager to issue POs for the FY 2025/2026 and FY 2026/2027 laptop, computers, monitors and related accessories purchases. Under the existing municipal code, all purchases of goods over $50,000 require Council approval, therefore staff is requesting authorization for the City Manager to approve these purchases up to $300,000 per year for the next two years. At the beginning of each fiscal year, staff would request updated pricing quotes from Howard Technology Solutions, Saitech, Inc. and SHI to determine the most competitive cooperative purchasing pricing available.

Updated quotes would capture any applicable manufacturer’s base pricing. Corresponding POs would be processed to the vendors and equipment ordered as needed throughout the year.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The current fiscal impact for this item is a combined amount not-to-exceed $250,000. Funding for the proposed purchases is available within the adopted FY 2024/2025 budget for the IT department under capital outlays for Machine & Equipment (1110-ITD-660010). Future years replacements would be incorporated as part of the respective year’s budget. Authorization under this staff report is set to be up to $300,000 per year contingent on the available and approved computer replacement budget.

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ATTACHMENTS

1. Saitech Inc – NCPA Quote

2. Saitech Inc NCPA 01-170 Agreement

3. SHI – OMNIA Quote

4. SHI OMNIA 2018011-02

5. Howard Technology Solutions – CMAS Quote

6. Howard Technology Solutions CA CMAS Contract 3-24-03-1042 Item Title: 9.11
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Trusted
IT Solutions Provider
Incorporated in 2002 with a Mission of providing Innovative and cost effective Technology Solutions, systems, and services for digital transformation.
• IT Systems configuration consulting and design (AI/ML) • Data Systems, platforms, backup & integration
• Cyber Security Software licensing, support and maintenance • Pre-Sales and Post-Sales Technical support and service • IT Lifecycle maintenance, and end user support
42640 Christy Street, Fremont, California 94538 USA
www.Saitechincorporated.com Toll Free 1 (877) 440-0256 /gid00175/gid00024/gid00032/gid00174/gid00049/gid00032/gid00001/gid00050/gid00042/gid00045/gid00038/gid00032/gid00031/gid00001/gid00050/gid00036/gid00047/gid00035/gid00001/gid00020/gid00028/gid00036/gid00047/gid00032/gid00030/gid00035/gid00001/gid00033/gid00042/gid00045/gid00001/gid00052/gid00032/gid00028/gid00045/gid00046/gid00167/gid00001/gid00014/gid00042/gid00046/gid00047/gid00001/gid00042/gid00033/gid00001/gid00042/gid00048/gid00045/gid00001/gid00046/gid00052/gid00046/gid00047/gid00032/gid00040/gid00046/gid00001/gid00028/gid00045/gid00032/gid00001/gid00030/gid00048/gid00046/gid00047/gid00042/gid00040/gid00001/gid00029/gid00048/gid00036/gid00039/gid00047/gid00001/gid00050/gid00036/gid00047/gid00035/gid00001/gid00046/gid00043/gid00032/gid00030/gid00036/gid00033/gid00036/gid00030/gid00001/gid00046/gid00043/gid00032/gid00030/gid00046/gid00001/gid00028/gid00041/gid00031/gid00001 /gid00020/gid00028/gid00036/gid00047/gid00032/gid00030/gid00035/gid00001/gid00035/gid00028/gid00046/gid00001/gid00028/gid00039/gid00050/gid00028/gid00052/gid00046/gid00001/gid00030/gid00042/gid00040/gid00032/gid00001/gid00047/gid00035/gid00045/gid00042/gid00048/gid00034/gid00035/gid00001/gid00163/gid00163/gid00163/gid00001/gid00024/gid00032/gid00001/gid00028/gid00043/gid00043/gid00045/gid00032/gid00030/gid00036/gid00028/gid00047/gid00032/gid00001/gid00047/gid00035/gid00032/gid00001/gid00050/gid00042/gid00045/gid00038/gid00001/gid00047/gid00035/gid00032/gid00052/gid00001/gid00031/gid00042/gid00001/gid00033/gid00042/gid00045/gid00001/gid00048/gid00046/gid00001/gid00036/gid00041/gid00001/gid00038/gid00032/gid00032/gid00043/gid00036/gid00041/gid00034/gid00001/gid00042/gid00048/gid00045/gid00001/gid00046/gid00052/gid00046/gid00047/gid00032/gid00040/gid00046/gid00001/gid00048/gid00043/gid00001 /gid00028/gid00041/gid00031/gid00001/gid00045/gid00048/gid00041/gid00041/gid00036/gid00041/gid00034/gid00175/gid00001/gid00001/gid00001/gid00185/gid00005/gid00032/gid00043/gid00028/gid00045/gid00047/gid00040/gid00032/gid00041/gid00047/gid00001/gid00042/gid00033/gid00001/gid00006/gid00041/gid00032/gid00045/gid00034/gid00052/gid00001/gid00015/gid00006/gid00019/gid00020/gid00004/gid00001/gid00005/gid00028/gid00047/gid00028/gid00001/gid00004/gid00032/gid00041/gid00047/gid00032/gid00045/gid00001/gid00014/gid00028/gid00041/gid00028/gid00034/gid00032/gid00045 Punchout Capable:

Niche/Diﬀerentiator
• 22+ years of Valuable IT industry Experience – OEM partnerships. • Guaranteed 15%+ Time, Cost, and Effort savings
• Over $ 2M+ of Ready-to-Ship Inventory
• Financially Strong, Stable, and Debt-Free (24M+ annual revenue) • Complete Product Traceability and Certificate of Conformance • Global Supply Chain Network for Quick Deliveries & Cost Savings • 10,000 sq.ft. office and warehouse in Silicon Valley (Just-In-Time) Data Center
Modernization
Cyber Security
Solutions
ITTraining
Services
ITLifecycle
Management
CloudComputing
Virtualization
SystemDesign
&
Configuration&
Past Performance:

Federal Government Contracts and Large Primes
DLA (500+ Task Orders) $ 7M+
DOE LBNL and INL (as Prime) $ 2M+
BAE Systems (as Sub) $ 1.2M
Peraton/NRG Technical Services $ 400K+
SAIC (as Sub) $ 500K
SLED Contracts/Blanket Purchase Agreements
San Bernadino County $ 8.5M
Riverside County $ 4.8M
Alameda County $ 2M+
San Mateo County $ 1M+
SMUD $ 2M+
Contract Vehicles, Awardee, Authorized Distributor • ISO, MBE, Training, and CMMC Certified 541519; 541512; 511210; 611420; 453210; 339940; 423430
NAICS Codes:

SAM gov Unique Entity ID (UEI) EGFEH8RLVSG4
CAGE CODE / DUNS Number 1YQH2 / 082826723 Rating: 3A1 Small Disadvantaged Business
Erwin Villanueva
(510) 440-0256 x306
[email protected]
www.ShopSaitech.com
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Saitech Inc.

Saitech Inc. has been a premier provider of comprehensive technology solutions (Hardware, software & services)tailored for government and enterprise clients since 2002. We take pride in our extensive experience serving SLED (State, Local, Education) and federal clients, includingpartnerships with various government agencies and educational institutions like County of San Bernardino, Countyof Alameda, Orange County, County of San Mateo, County of Riverside, Snohomish County, County of Santa Clara,City of Santa Ana, OCTA, Sant Clara VTA and many cities, utility departments etc. 04 Company Profile
Business Incorporated in California 2002
CA Tax ID 2276359
Federal Tax ID 75-300-4589
DUNS (Dun & Brad Sheet) 082826723
SAM.GOV ID UEI: EGFEH8RLVSG4
CCR Registered Cage Code # 1YQH2
NAICS Code 421430, 423430, 423690, 423420,425120
Certifications & Association Memberships
ISO 9001-2008 Certified Company
ANSI – ESD S20:20 Compliant
ERAI –Electronics Reseller Association Inc
ASA – Aviation Suppliers Association
GIDEP Member - www.gidep.org
National Association of Government Contractor
National Defense Industrial Association Member
TiE Silicon Valley Member –www.sv.tie.org
Experience
Sonoma County Public Safety Consortium
Overview
Saitech Inc. partnered with the Sonoma County Public Safety Consortium (SCPSC) in a multi-year agreement valued at $1.8 million. This project, initiated in May 2024, aims to enhance public safety operations with durable, high-performance Getac rugged laptops and accessories. The estimated savings for SCPSC are over $200K, reflecting more than 15% in valued savings.

Work Approach
Saitech Inc. supplied SCPSC with Getac S410G5 rugged laptops, equipped with Intel Core i5-1340P processors, 32GB of RAM, and 512GB PCIe SSDs. These devices feature Sunlight Readable Full HD LCD + Touchscreen, Wi-Fi 6, Bluetooth, 5G Sub-6 connectivity, and dedicated GPS/GLONASS capabilities. The project also included comprehensive protection with a 5-year Bumper-to-Bumper Extended Warranty and vehicle integration solution Item Title: 9.11
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Project Status
The project is ongoing, with Saitech Inc. continuing to support SCPSC in their mission to improve public safety operations. The deployment of rugged laptops and accessories is progressing smoothly, ensuring SCPSC officers have access to reliable and advanced technology in the field.

City of Santa Ana
Overview
Saitech Inc. secured a contract with the City of Santa Ana to supply 175 Getac V110 rugged computers and extended warranties. The contract, valued at $836,461, was awarded on June 6, 2024.

Work Approach
Saitech Inc. provided the City of Santa Ana with Getac V110 rugged laptops, designed to withstand demanding environments. These devices offer advanced security features, including smart card and fingerprint readers, ensuring secure and efficient operations for city departments.

Project Status
The project has been successfully completed, with all 175 Getac V110 rugged laptops delivered and integrated into the city’s operations. The devices are now in use, enhancing the efficiency and security of public services in Santa Ana.

Kern County
Overview
Saitech Inc. collaborated with Kern County to deploy Getac S410G5 rugged laptops. The project, valued at $204K, was initiated on May 8, 20241.

Work Approach
Saitech Inc. supplied Kern County with Getac S410G5 laptops featuring Intel i7-1360P processors, dual batteries, HF RFID, Windows Hello Webcam, 32GB RAM, 512GB PCIe SSD, and Sunlight Readable Full HD LCD + Touchscreen.

The devices also included a 5-year Bumper-to-Bumper Extended Warranty and vehicle integration solutions.

Project Status
The deployment of Getac S410G5 laptops for Kern County has been completed successfully. The rugged laptops are now operational, providing reliable and secure technology for the county’s field operations. 05 Item Title: 9.11
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06 Certificate
Item Title: 9.11
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11 SECTION 3 – References
Customer Name: Sonoma County Public Safety Consortium
Date: 05/01/2024
Agreement: SC001-0000001773
Value: $ 1.8M (multi-year agreement)
Estimated Savings: $200K+ (over 15% valued savings)
Executive Director: Bret Sackett
Phone No: (707) 565-8730
email: [email protected]
Product Name/Model: Getac
Customer Name: City of Santa Ana
Date: 06/06/2024
Purchase No: 126822
Value: $ 836,461.00
Contracting Officer: Megan Ornelas
Phone No: 714-647-5466
email: [email protected]
Product Name/Model: Saitech Inc worked with City of Santa Ana to furnish one hundred and seventy-five (175) Getac V110 rugged computers and extended warranties.

Customer Name: Kern County
Date: 05/08/2024
Purchase No: 2407921
Value: $ 204K
Contracting Officer: Wendy Vela
Phone No: (661)392-6909
email: [email protected]
Product Name/Model: Saitech Inc worked with Kern County and deployed Getac S410G5 - i7-1360P, Dual Battery+HF RFID+Windows Hello Webcam, Microsoft Windows 11+32GB RAM, 512GB PCIe SSD, Sunlight Readable (Full HD LCD + Touchscreen + Stylus), Membrane Backlit KBD+Micro SD, WIFI+BT+5G Sub-6 (EM9190) w/dedicated GPS/GLONASS+Passthrough, Thunderbolt 4, 3 Year Limited Warranty Getac (Bumper to Bumper) + Extended Warranty- Semi-Rug Laptop (Year 1,2,3,4 & 5)
Customer Name: County of Alameda
Date: 11/02/2023
Agreement: GENSA-000032841
Value: $ 1 Million
Executive Director: Al Garcia
Phone No: (510) 272-6403
email: [email protected]
Product Name/Model: Getac - V110G7 i5-1235U, WinHello, Win11+16GB, 512GB PCIe SSD, SR FHD LCD+TS+stylus, Backlit KBD, WIFI+BT+5G+GPS+PT, HH, USB Type-Ax2+Type-Cx1+SCR+HF RFID, 3 Yr B2B Warranty Customer Name: Orange County Transportation Authority, Orange, CA Date: June 2021 – July 2022
Purchase No: C13459
Value: $211,529.00
Contracting Officer: Ronald Wolf
Phone No: 714-560-5548
email: [email protected]
Product Name/Model: PXX-00002 – Microsoft Surface Pro 7 (12.3”, Core i7, 16GB RAM, 256GB SSD), PXX-00001 – Microsoft Surface Pro 7 same specs but in Platinum color, EYV-00001 – Microsoft Surface Pen M1776, FHD-00016 – Microsoft Surface Arc Mouse
Customer Name: Naval Surface Warfare Center, Department of Navy, Norco, CA Contract No: N64267-14-P-0219
Date: Sept.20th2014 – Oct. 17th2014
Value: $58,002.19
Contracting Officer: Wendy Menendez
Phone No: 951-393-4316
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Customer Name: Orange County Transportation Authority, Orange, CA Date: June 2021 – July 2022
Purchase No: C13459
Value: $211,529.00
Contracting Oﬃcer: Ronald Wolf
Phone No: 714-560-5548
email: [email protected]
Product Name/Model: PXX-00002 – Microsoft Surface Pro 7 (12.3”, Core i7, 16GB RAM, 256GB SSD), PXX-00001 – Microsoft Surface Pro 7 same specs but in Platinum color, EYV-00001 – Microsoft Surface Pen M1776, FHD-00016 – Microsoft Surface Arc Mouse
Customer Name: Naval Surface Warfare Center, Department of Navy, Norco, CA Contract No:

N64267-14-P-0219
Date: Sept.20th2014 – Oct. 17th2014
Value: $58,002.19
Contracting Oﬃcer: Wendy Menendez
Phone No: 951-393-4316
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12 Resumes
Saitech Inc.

Our Saitech Professional Services team offers extensive expertise with over 25 years of industry experience, including 21 years as co-founders. Our team is well-versed in IT hardware, software, and supply chain services, with significant experience in cloud computing, AI/ML, and data center management.

Rick Mahajan, President, 25+ years industry experience (21 years as Saitech Inc. Co-Founder) Mr. Mahajan is responsible to oversee the overall project implementation and successful delivery. Degree in Business from Guru Nanak Dev University in Punjab, India. MCSE (Microsoft Certified Systems Engineer) and CCNA (Cisco Certified Network Administrator) certification.

Phone: (510) 440-0256 x305 Fax: (510) 440-0257 [email protected] Sam Sharma, Vice President, 25+ years industry experience (21 years as Saitech Inc. Co-Founder) Mr. Sharma is responsible for all financial and accounting decisions and also in charge of supplier quality management. Honors degree in Accounting from Delhi University's & an MBA in International Business from US.

Phone: (510) 440-0256 x304 Fax: (510) 440-0257 [email protected] Sunny Bhatia, Purchasing Manager, 17 years with Saitech Inc.

Mr. Bhatia is responsible for OEM and vendor relationships & partnerships, as well as major procurement He has a Bachelor’s of Science in computer science from Punjab, India.

Phone: (510) 440-0256 x303 Fax: (510) 440-0257 [email protected] Ernesto Juarez, Quality Control Manager, 11+ years industry experience Mr. Juarez is responsible for all products, service quality, reliability and performance. He also oversees the company’s ISO 9001:2015 certification, document control and quality control. Bachelors in Technical Management from DeVry University with Microsoft Certified Professional (MCP) Phone: (510) 440-0256 x307 Fax: (510) 440-0257 [email protected] Shalini Kalra, Public Sector Contract Manager, 16 + years industry experience Ms. Kalra is responsible for Account management, vendor relationships, partnerships, Public Sector Sales and manages SLED customers. Stanford Certified Project Manager; Bachelors in Anthropology and Master in Education Technology from CSU East Bay Phone: (510) 440-0256 x307 Fax: (510) 440-0257 [email protected] Erwin Villanueva, Business Development Manager, 18+ years industry experience 42640 Christy St. Fremont, CA. 94538 Phone: (510) 440-0256 x307 Fax: (510) 440-0257 [email protected] Studied design and photography at Academy of Art University in San Francisco, CA. Prior to joining Saitech Inc. Mr.

Villanueva was with Fry’s Electronics HQ Audio Video purchasing team.

Bharathi Kunti, Technical Support Engineer, 12+ years industry experience Mrs. Kunti is responsible for all product engineering and technical services related issues with the solutions we provide. Bachelors in Engineering in Electronics and Communication, India.

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Sharmina Shakeel, Technical Sales Engineer, 15+ years industry experience Mrs. Shakeel is responsible for all product engineering and technical services related issues with the solutions we provide. Bachelors in Engineering in Electronics and Communication, India.

Phone: (510) 440-0256 x312 Fax: (510) 440-0257 [email protected] Rinu Singh, Customer Support & Logistics Manager 15 Years industry experience Mrs. Singh is responsible for all customer post sales, service-related matters including product returns management, logistics, transportation, tracking and product support. Bachelors in Business Administration, India.

Phone: (510) 440-0256 x312 Fax: (510) 440-0257 [email protected] Imran Saleh, Cloud Service Engineer, 5+ years industry experience Mr. Saleh is responsible for overseeing cloud service implementations and ensuring successful project delivery. He holds a Master of Science in Computer Science from San Francisco Bay University and a Bachelor of Science in Electronics & Communication Engineering from Khulna University. Mr. Saleh brings experience from previous roles at Xeon Technology Ltd., ConstantMD Inc., and USAID.

Phone: (510) 440-0256
Email: [email protected]
Ketan Singh, Technical Sales Lead, 3 Years industry experience Mr. Singh works on system design and configuration projects for our customized clients IT solutions.

Phone: (510) 440-0256 x301 Fax: (510) 440-0257 [email protected] Fatima Ferreira, Accounting Manager, 10 Years industry experience Mrs. Ferreira takes care of all accounting related issues with customers and suppliers. She has a bachelor’s degree in Financial Accounting and diploma in Office Management.

Phone: (510) 440-0256 x310 Fax: (510) 440-0257 [email protected] 13 Item Title: 9.11
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Getac USA
15495 Sand Canyon Rd., Ste 350 www.getac.com/us
Irvine, CA 92618 949.681.2900
8/31 /2023
Saitech Inc.
42640 Christy Street
Fremont, CA 94538
T: (510) 440-0256
Letter of Authorization for Saitech Inc.

Getac Inc. (“Getac”) hereby provides the following statement as part of the Saitech Inc. submission for ruggedized laptops, tablets, accessories and related products and services:
a. T
he products offered in response to the requirement are genuine (i.e., not counterfeit and not unauthorized secondary market/gray market products). b. S
aitech Inc. has the certification/specialization level required by Getac (the Manufacturer) to support both the product sale and product pricing, in accordance with the applicable Getac certification/specialization requirements. c. S
aitech Inc. shall receive Getac suppor t services required to support the product(s), so long as Saitech Inc. is not in default of any payment terms for said product(s). d. Saitech Inc. has the authority to transfer to the end user all appropriate software licensed associated with the product(s).
e. G
etac will not deny required warranty support for the product(s) within the stated warranty period for that product.

An
y questions or comments regarding the additional manufacturer information may be addressed to Maria Gutierrez, Contract Administrator, during normal business hours at (949) 247- 4114 or [email protected].

Mike McMahon
President, USA
Getac, Inc.

C230500204
Michael McMahon (Aug 31, 2023 09:48 CDT)
Michael McMahon
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City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Project Name: Request for Computer Laptops/Getacs & Accessories

Goods/Service Requested (Short Description): The City of Menifee is seeking quote/per unit pricing for computer laptops, GETACs and related accessories available for purchase via cooperative purchasing agreements, including but not limited to: CMAS, NASPO, OMNIA, Sourcewell. The City would look to establish an on -going relationship with selected vendor(s) for the purchase of new and replacement equipment identified through the year.

Requested By: Margarita Cornejo Department: Finance Date Requested: 11/13/2024

Response Deadline (Date & Time): November 19, 2024, at 2:00 p.m.

Clarification of specifications is to be directed to:

Accepted Response Methods:
☒ Email: [email protected]
☐ Mail: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586
☐ In- Person: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586

Goods, Equipment, Services Requested Detail/Specifications:

Various laptops and GETAC equipment and related accessories as listed below . Please note vendor does not need to be able to provide all listed equipment. The City will consider purchases from different vendors based on stock availability:

Laptops

1. Microsoft Surface Laptop Studio 2
a. Intel Core i7
b. 64GB RAM
c. 2TB SSD
d. 14.4” Touchscreen

2. Microsoft Surface Laptop 6
a. Intel Core Ultra i7
Item Title: 9.11
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December 17, 2024
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City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us b. 32GB RAM
c. 1TB SSD
d. 15” Touchscreen

3. Microsoft Surface Pro
a. Snapdragon X Elite (12 Core)
b. Wi-Fi + 5G Cellular
c. 16GB RAM
d. 512GB SSD
e. 13” Touchscreen OLED

4. GETAC V110G7 (Part #VSCP7PJABGBA)
a. Intel i5
b. 32GB RAM
c. 256GB SSD
d. Wi-Fi + Bluetooth + 5G Cellular + Dedicated GPS
Accessories

1. Surface Thunderbolt 4 Dock

2. Surface USB-C Travel Hub

3. Surface Dock 2

4. Surface Pro Flex Keyboard

5. Surface Slim Pen

6. Surface Pen

7. GETAC V110 Office Dock w/90W AC Adapter (#GDOFUR)

Insurance Requirements: (selected vendor/service provider to provide insurance certificates during Purchase Order/Contract process) ☒ General Liability* ☐ Automobile Insurance* ☒ Worker’s Compensation ☐ N/A ☐ Professional Liability Insurance*
* City of Menifee must be listed as additional insured

Funding Source(s):
☒ Local funds:
☐ Other Funding: ☐ Federal: ________ _________________ ☐ State: _____________________________ (Specify) (Specify)
Subject to Prevailing Wages Requirements: (Construction, alteration, demolition, installation, maintenance, or repair work) ☒ Yes ☐ No
(Actual Construction work, not labor compliance (professional services)

Estimated Project Start Date & Duration:

Estimated Start Date: On-Going, the City would look to use vendor regularly for new and replacement Item Title: 9.11
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December 17, 2024
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City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us equipment needs.

Estimated Project Duration: On-Going, the City would look to use vendor regularly for new and replacement equipment needs.

The total estimated budget for the current fiscal year for such equipment purchase is: $250,000

ADDITIONAL TERMS & CONDITIONS

QUESTIONS/INQUIRIES: Submit questions via email to [email protected] prior to the submittal deadline. All responses will be provided via email to the pre-qualified firms that were directly solicited.

FIRM QUOTATION: All proposals shall remain firm for at least ninety (90) days.

SELECTION PROCESS: The City of Menifee reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.

ASSIGNMENT & SUBCONTRACTING: Firm may not assign or subcontract any portion of the services contemplated.

AGREEMENT: A purchase Order will be generated against the existing On-Call Master Agreement.

PRE-CONTRACTUAL EXPENSE: The City of Menifee shall not, in any event, be liable for any pre -contractual expense incurred by the Proposer in preparation of its proposal.

All proposals must be dated and signed with the firm’s name and by an authorized officer or employee.

CONFIDENTIAL MATERIAL: After award, all proposals shall be open to public inspection. The City of Menifee assumes no responsibility for the confidentiality of information offered in a bid.

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City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Bidder Response Form

Project Name: Request for Computer Laptops/Getacs & Accessories

Response Deadline: November 19, 2024, at 2:00 p.m.

Please note, the response to this informal request for proposal is not an offer, or a binding contract. A contract will be established only when the firm accepts an offer from the City of Menifee. Once the City has selected a firm, the selected entity MUST receive a Purchase Order (PO) from the City before services are rendered.

Company Name: _________________________________________________________________________________________

Address: _________________________________________________________________________________________________

City: _____________________________________________ State: _________________ Zip Code:______________________

Email Address: __________________________________________________ Phone: _________________________________

Applicable License(s):
☒ N/A Description: ____N/A________________________ License Number: _______N/A___

DIR Registration Number* (#): ______N/A____________________ ☒ N/A
* Required for projects which involve construction, alteration, demolition, installation, maintenance, or repair work that requires payment of prevailing wages AND are greater than $25,000 for new construction, alteration, installation, demolition, or repair OR greater than $15,000 for maintenance work

Total Cost for Requested Services/Goods:

Quotes should be all inclusive of equipment costs. Please note in the Additional Quotes Detail below any costs not included (Shipping, tax, etc, city should be aware of).

If cooperative pricing is percentage based discount, please provide the net per unit price with applicable discounts, and confirm if pricing is fixed for longevity of contract, or subject to increases.

Please complete the attached Request for Quotes worksheet (REQUIRED) & return with response.

Saitech Inc
42640 Christy St.,
Fremont
CA
94538
[email protected]
510-440-0256
Item Title: 9.11
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City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us

Additional Quote Details (inclusions/exclusion etc):

Additional Attachments (Optional): Please briefly describe any attachments included with the response.

Contact Person: __________________________________________________________________________________________

Title: _____________________________________________________________________________________________________

Undersigned agrees to furnish the services stipulated herein, any addendum(s) issued, and any applicable attachments at the price and terms stated within the solicitation. In addition, undersigned agrees to provide any applicable insurance requirements as identified with this request.

Authorized Signature: ________________________________________________________ Date: _________________

Included

Getac V110 Fully Rugged 11.6 inch Windows OS Convertible Laptop With 3YR Bumper To Bumper Warranty V110G7 - i5-1235U, Windows Hello Webcam, Windows 11+32GB RAM, 256GB PCIe SSD, Sunlight Readable FHD LCD+Touchscreen+Stylus, Membrane Backlit KBD, WIFI+BT+5G Sub-6 + Dedicated GPS+Passthrough, Hard Handle, USB Type-A x2+USB Type-C+Smart Card Reader, 3 Year B2B Warranty Getac VSCP7PJABGBA 3 years Bumper-to-Bumper

MST-Z3H-00001 - Microsoft Surface Laptop Studio 2 Commercial - Intel Core i7 13800H 14-Core 5.2GHz -

14.4Inch 10-Point Multi-Touch 2400 x 1600 - LPDDR5X 64GB - 2TB SSD - NVDIA GeForce RTX 4060 - Power Supply 102Watt - Camera -Wi-Fi, Bluetooth 5.3 - Platinum - English - Microsoft Windows 11 Professional

MST-ZLU-00001- Microsoft Surface Laptop 6 15in Ultra7/32/1TB CM SC English Black US/Canada 1 License

MST-ZFB-00001- Microsoft Surface Pro11 5G 13in Elite/16/512 Win11 Platinum Please find the attached Getac Certificate & LOA, Customer References, Company Profile and Key Personnel
Ernesto Juarez
Contracts Compliance Manager
11/15/2024
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City of Menifee Saitech Inc
Request for Quotes 42640 Christy St., Fremont, CA 94538 Computer (Laptops & Accessories) UEI: EGFEH8RLVSG4
DUNS Number: 082826723
Cage Code: 1YQH2
Pricing is based off NCPA Contract #01-170
Category: Laptops (Please see Standard Equipment Minimum Specifications Attachment for item specifics) Model Description
Available
Product
(Yes/No)
Per Unit Price ($) (Including
all applicable discounts) Applicable Cooperative Agreement Number
(NASPO, CMAS, OMNIA etc)
Subject to Annual
Increase
(Yes/No)
Maximum Annual
Increase Amount
or %
Standard
Delivery Period
(# of Business
Days) from
Order/PO
Received

1. Microsoft Surface Laptop Studio 2 Yes $3,228.00 NCPA No No 15 Days

2. Microsoft Surface Laptop 6 Yes $1,969.00 NCPA No No 15 Days

3. Microsoft Surface Pro Yes $1,639.00 NCPA No No 15 Days

4. GETAC V110G7 (Part #VSCP7PJABGBA) Yes $4,030.00 NCPA No No 20 Days Category: Laptop Accessories (Please see Standard Equipment Minimum Specifications Attachment for item specifics) Model Description
Available
Product
(Yes/No)
Per Unit Price ($) (Including
all applicable discounts) Applicable Cooperative Agreement Number
(NASPO, CMAS, OMNIA etc)
Subject to Annual
Increase
(Yes/No)
Maximum Annual
Increase Amount
or %
Standard
Delivery Period
(# of Business
Days) from
Order/PO
Received

1. Surface Thunderbolt 4 Dock Yes $219.00 NCPA No No 7 days

2. Surface USB-C Travel Hub Yes $72.00 NCPA No No 7 days Item Title: 9.11
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3. Surface Dock 2 Yes $189.00 NCPA No No 7 days

4. Surface Pro Flex Keyboard Yes $255.00 NCPA No No 7 days

5. Surface Slim Pen Yes $94.00 NCPA No No 7 days

6. Surface Pen Yes $72.00 NCPA No No 7 days

7. GETAC V110 Office Dock w/90W AC Adapter (#GDOFUR) Yes $286.00 NCPA No No 7 days Item Title: 9.11
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1 NCPA 01-97 version 2/15/24

PARTICIPATING DEALER AGREEMENT

This Participating Dealer Agreement ("Agreement") is made and entered into as of the last date of signature below ("Effective Date") by and between ___________________________________ ("Reseller"), having its place of business at __________________________________________ and TD SYNNEX Corporation ("TD SYNNEX"), having its place of business at 39 Pelham Ridge Dr. Greenville, SC 29615-593939.

BACKGROUND
This Agreement governs the appointment of Reseller as a nonexclusive authorized reseller of Products (as defined below) through the NCPA 01 -170 Advanced Technology Solutions Aggregator (“Contract”). The General Terms and Conditions comprising the body of this Agreement set forth the general terms of such appointment.

AGREEMENT DOCUMENTS
The parties agree to be bound by this Agreement, which consists of this signature page, the General Terms and Conditions, and any Exhibits attached hereto (if any):

The duly authorized representatives of the parties have executed and delivered this Agreement as of the Effective Date.

TD SYNNEX Corporation
By: By:

Name: Name:

Title: Title:

Date: Date:

Saitech Inc
SAITECH INC.
42640 Christy St, Fremont ,CA 94538
Sam Sharma
May 10, 2024
E-SIGNED by Sam Sharma on 2024-05-10 20:27:27 GMT
May 13, 2024
P.S.A.

Ed Somers
Vice President Sales
May 13, 2024
E-SIGNED by Ed Somers on 2024-05-13 12:39:09 GMT
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GENERAL TERMS AND CONDITIONS
SECTION 1 DEFINITIONS.

1.1 “Confidential Information” shall mean the information of a party, which information is conspicuously marked with “Confidential,” or “Proprietary” or other similar legend. If Confidential Information is orally disclosed it shall be identified as such at the time of disclosure and a brief written non-confidential description of the information and confirmation of the confidential nature of the information shall be sent to the recipient within thirty (30) days after the disclosure. Quantities, schedules, pricing, sales reports and inventory reports shall be considered Confidential Information hereunder whether disclosed orally or in writing, or whether or not ma rked “Confidential” or “Proprietary.” Confidential Information does not include information that: (1) was in the possession of, or was known by, the receiving party prior to its receipt from the disclosing party, without an obligation to maintain its confidentiality; (2) is or becomes generally known to the public without violation of this Agreement; (3) is obtained by the receiving party from a third party, without an obligation to keep such information confidential; or (4) is independently developed by the receiving party without use of Confidential Information.

1.2 “Customer” means end-users authorized to purchase through the Contract.

1.3 “Reseller” shall have the meaning set forth in the signature page 1.

1.4 “Contract Price List” is the negotiated contractual pricing for the Products.

1.5 “Products” means the products that are available to be sold through the Contract.

SECTION 2 APPOINTMENT AND LICENSE.

2.1 Appointment, License Grant and Sublicense. Subject to the terms and conditions of this Agreement and the qualification requirements delineated herein, TD SYNNEX hereby appoints Reseller, and Reseller hereby accepts the appointment, as a non -exclusive authorized Dealer of Products to Customers who can purchase through the Contract. TD SYNNEX grants to Reseller a nontransferable and nonexclusive license during the term of this Agreement to distribute the Products and any software (only as incorporated in the Products) to Customers.

2.2 Authority. Except as expressly set forth in this Agreement, Reseller will have no authority to bind TD SYNNEX or its suppliers to any contract, representation, understanding, act or deed concerning TD SYNNEX, its suppliers or any Products covered by this Agreement without TD SYNNEX’s prior written consent. This Agreement will not be deemed to establish a joint venture or partnership. Reseller will make no warranties or representations, such as representations concerning prices, terms of delivery and p ayment, or conditions of sale, relating to the Products unless TD SYNNEX authorizes such warranties and representations in writing. The parties recognize and agree that the reseller relationship referenced herein does not establish privity of contract between Reseller and Customer. Reseller expressly understands that the scope of its representation is limited to the terms of this Agreement.

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2.3 Sales to End Users Only. Unless otherwise authorized by TD SYNNEX in writing, Reseller shall only sell Products to Customers who do not intend to further remarket such Products.

2.4 Reserved Rights. This Agreement shall in no way limit TD SYNNEX’s ability to sell, directly or indirectly, any Products to any Customers, and Reseller shall not be entitled to any commission or other compensation with respect to such sales. TD SYNNEX shall be entitled to appoint other reseller(s) for any Customers without notice or liability to Reseller.

2.5 Procurement of Products. Any Products sold to Customer by Reseller under the Contract must be procured through TD SYNNEX.

SECTION 3 RESELLER OBLIGATIONS.

3.1 Contract Pricing. Reseller shall comply with the approved product and pricing of the Contract. The Contract Pricing will be maintained for the term of this Agreement, including any extensions.

3.2 Warranty. Contract Pricing includes the standard warranty provided by the manufacturer.

Additional extensions of the warranty beyond the standard warranty will be an additional cost to the Customer.

3.3 Ordering Instructions. Reseller agrees to send orders to TD SYNNEX t hrough a TD SYNNEX approved method. Reseller is responsible for providing the End User Purchase Order for a contract order to be placed. Reseller is responsible for ensuring that only authorized employees place, change or delete orders and that the orders conform to all requirements of this Agreement.

3.4 Customer Purchase Order Forms. Reseller agrees to provide a copy of the Customer’s purchase order when placing an order to TD SYNNEX through this Contract.

3.5 Audit. TD SYNNEX shall, at all reasonable times and for five (5) years after termination or expiration of this Agreement, have full access to Reseller’s books, records, files and related correspondence relating to Reseller’s performance under this Agreement.

3.6 Reseller Services. Reseller must request a one-off approval from TD SYNNEX to include their services in a contract quote and/or order.

3.7 Contract Terms and Conditions. Reseller agrees to comply with the terms and conditions of the Contract at R200803_SYNNEX_MAD_2020_08_25.pdf (omniapartners.com).

SECTION 4 ORDERS, PAYMENT, AND DELIVERY

4.1 Ordering Information. Reseller shall ensure that Customers are eligible to purchase through the Contract.

4.2 Order Acceptance. All orders shall be subject to TD SYNNEX’s acceptance, and TD SYNNEX shall have no liability for any orders it rejects.

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4.3 Shipment and Payment. The negotiated price includes delivery to the Customer, FOB Destination standard ground freight within the continental US only. Customers may be charged additional fees if shipment must be expedited, requires special handling or delivery and/or OCONUS delivery.

4.4 Timely Shipment. TD SYNNEX will use commercially reasonable efforts to meet the Customer’s requested delivery date at the location specified by the Customer.

4.5 Timely Processing. Reseller will use its best commercial efforts to process orders and to provide customer service and support in a timely manner.

4.6 Payment. Reseller shall pay TD SYNNEX invoiced amounts in U.S. dollars within the terms of their reseller account.

SECTION 5 ADDITIONAL DUTIES OF RESELLER.

5.1 Best Efforts. Reseller shall use its best efforts to promote and sell the Products to Customers, all consistent with good business ethics and in a manner that will reflect favorably on TD SYNNEX.

5.2 Compliance. Reseller shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and executive orders. If either party receives any notice or becomes aware of any violation of any applicable law, statute, rule, regulation or ordinance by the Products or the distribution thereof, such party shall promptly notify the other party of such notice or violation.

5.3 Conduct of Reseller. Reseller shall at all times refrain from engaging in any illegal, unfair, or deceptive trade practices or unethical business practices whatsoever. Reseller shall not make any false or misleading representations to Customers or other persons with regard to TD SYNNEX or the Products. Reseller shall not make any representations with respect to the specifications, features, or capabilities of Products which are not consistent with those described in the manufacturer’s publicly available Product documentation.

5.4 Reporting - Administrative Fees - Contacts.
(A) Reporting. Once a month s ales reporting is required for contract transactions not recorded through your TD SYNNEX Account. Monthly sales reporting consists of a completed Transaction Sales Report Template, Reseller’s Purchase Orders (“POs”) issued to TD SYNNEX and the end -user Customer’s POs issued to Reseller. The Transaction Sales Report shall be submitted online at https://www.synnexcorp.com/us/govsolv/monthly-contract-reporting/ along with copies of the required PO’s. For the avoidance of doubt, Reporting is a mandatory requirement of the Contract and the Agreement.
(B) Administrative Fees. Reseller is responsible for payment of the Contract fee: 0.80% or 80 Bps for Commodity Products and 2.00% or 200 Bps for Enterprise Products associated with this Agreement (the “Administrative Fee”). TD SYNNEX will therefore include the associated fees in each quotation provided to Reseller and billed accordingly to Reseller.

5.5 No Contract Modification. Reseller shall not alter, change, or modify in any way, any contract or order under any contract between TD SYNNEX and any Customer. Reseller will Item Title: 9.11
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indemnify and hold TD SYNNEX harmless from any alteration, change, or modification to a contract between TD SYNNEX and any Customer caused by the actions of Reseller.

5.6 Failure to comply with any of the provisions of this section will result in immediate termination of the Agreement by TD SYNNEX at will.

SECTION 6 QUALIFICATIONS OF RESELLER.

6.1 Good Standing. Reseller’s business and credit accounts with TD SYNNEX must be current and in good standing. Reseller cannot have defaulted on any Reporting, or payments due to TD SYNNEX and must have a history of prompt and timely payments for all amounts due TD SYNNEX.

6.2 Reseller Financials. Reseller agrees to provide TD SYNNEX with updated credit information on request. Reseller understands and agrees that TD SYNNEX may order a credit report in connection with the Agreement.

SECTION 7 CONFIDENTIALITY.

7.1 Confidentiality Obligations. The receiving party shall protect the confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the same manner and with the same degree of care (but in no eve nt less than a reasonable degree of care) as it uses in protecting its own information of a confidential nature for a period of three (3) years from the date of such disclosure. Each party must inform its employees having access to the other’s Confidential Information of restrictions required to comply with this Section 7.1. Each party agrees to provide notice to the other immediately after learning of or having reason to suspect a breach of any of the restrictions of this Section 7.1. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by applicable law, provided that the receiving party uses reasonable efforts to limit the disclosure and provides the disclosing party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.

Each party retains for itself all proprietary rights it possesses in and to all of its own Confidential Information. Accordingly, Confidential Information which the disclosing party may furnish to the receiving party shall be in the receiving party’s posse ssion pursuant only to a restrictive, nontransferable, nonexclusive license under which the receiving party may use such Confidential Information under the terms of this Agreement, solely for the purposes of satisfying its obligations hereunder. Each party understands that the party receiving Confidential Information may now or in the future be developing proprietary information internally, or receiving proprietary information from third parties in confidence that may be similar to disclosed Confidential Information. Nothing in this Agreement shall be construed as a representation or inference that the receiving party will not develop products, for itself or others, that compete with the products, processes, systems or methods contemplated by disclosed Confidential Information. Each party acknowledges that any material violation of the rights and obligations provided in this Section 7.1 may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding Section 13.6, each Item Title: 9.11
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party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.

SECTION 8 STAFFING.

8.1 Staffing. Each of the parties agrees not to solicit, hire or engage any employees of the other party that are directly involved in the activities of the other party in connection with this Agreement during the period such employees are employed by the other party and for a period of one hundred eighty (180) days after the date of such employee’s termination of employment from the other party. Each party acknowledges that any material violation of the rights and obligations provided in this Section 8.1 may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding Section 13.6, each party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.

SECTION 9 LIMITATION OF LIABILITY.

9.1 EXCEPT FOR A BREACH OF SECTION 5 OR SECTION 7.1 OR SECTION 8.1, IN NO

EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY

CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL

DAMAGES OR COSTS HOWSOEVER ARISING OUT OF OR RELATED TO THIS

AGREEMENT, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL EITHER PARTY BE

LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOSS, DAMAGE, OR

INJURY OF A NY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH

THESE TERMS AND CONDITIONS, OR ANY AGREEMENTS INTO WHICH THEY ARE

INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE

TERMS AND CONDITIONS, IN EXCESS OF THE NET PURCHASE PRICE OF THE

PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR HEREUNDER THAT GIVES RISE TO THE CLAIM.

SECTION 10 INDEMNIFICATION.

10.1 Reseller Indemnification. Reseller will indemnify, defend and hold harmless TD SYNNEX, its dealers, employees, successors, assigns, parent company and affiliated companies (each individually an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all claims, demands, causes of action, expenses (including reasonable attorneys’ fees) and liabilities, arising out of Reseller’s acts or omissions relating in any way to its activities in connection with this Agreement, or actual or alleged misrepresentation relating t o any of the Indemnified Parties, the Products or this Agreement, rega rdless of the form of action. Reseller shall pay any damages and costs assessed against the Indemnified Parties in connection with such claim. Any Indemnified Party shall have the right, at its own expense, to participate and be represented in any such act ion, suit or proceeding by its own attorneys. Reseller shall not enter into any settlement that affects an Indemnified Party’s rights or interests without such Indemnified Party’s prior written approval.

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10.2 TD SYNNEX Indemnification. TD SYNNEX will indemnify, defend and hold harmless Reseller from and against any and all claims, demands, causes of action, expenses (including reasonable attorneys’ fees) and liabilities, arising out of TD SYNNEX’s wrongful acts or omissions relating in any way to its activities in connection with this Agreement, or actual or alleged misrepresentation relating to the Products or this Agreement, regardless of the form of action. TD SYNNEX shall pay any damages and costs asse ssed against Reseller in connection with such claim. Reseller shall have the right, at its own expense, to participate and be represented in any such action, suit or proceeding by its own attorneys. TD SYNNEX shall not enter into any settlement that affects Reseller’s rights or interests without Reseller’s prior written approval.

SECTION 11 INTELLECTUAL PROPERTY.

11.1 Nothing contained in this Agreement shall give Reseller any interest, license or right in any trademark, name, logo, or other trade designation of TD SYNNEX or any TD SYNNEX parent or affiliated company. Reseller agrees that it will not at any time during or after this Agreement assert or claim any interest in, or do anything that may adversely affect the validity or enforceability of, any trade name, trademark or logo belonging to or licensed to any TD SYNNEX parent or affiliated company or the rights therein.

SECTION 12 TERM AND TERMINATION.

12.1 Term. The initial term of this Agreement shall commence on the Effective Date of this Agreement and extend for the life of the Contract unless terminated according to one or more of the following provisions:
(A) At any time upon the mutual written agreement of both parties; (B) By either party with or without cause upon thirty (30) days prior written notice of termination to the other party;
(C) By either party, following a material breach of this Agreement by the other party and the breaching party’s failure to cure such breach within thirty (30) days of it receiving written notice of such breach;
(D) By TD SYNNEX, immediately by written notice, in the event Reseller breaches Section 5; and
(E) By either party upon the other party seeking an order for relief under the bankruptcy laws of the United States or similar laws of any other jurisdiction, a composition with or assignment for the benefit of creditors, or dissolution or liquidation.

Notwithstanding the foregoing, TD SYNNEX may in its sole discretion, and without any further liability or obligation of any kind, revoke its appointment of Reseller by providing five (5) business days written notice.

12.2 Effect of Termination. The termination of this Agreement shall in no way affect the obligations of either party regarding orders accepted by TD SYNNEX prior to the effective date of such termination.

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8 NCPA 01-97 version 2/15/24

12.3 Return of Confidential Information. Upon termination of this Agreement by either party, each party shall return all originals and copies of Confidential Information or destroy the same with certification of such destruction, provided, however, that the Receiving Party may retain an archival copy of Confidential Information as required by record retention policies or law.

12.4 Survival. Provisions herein which by their nature extend beyond the termination or expiration of this Agreement will remain in effect until fulfilled.

SECTION 13 MISCELLANEOUS.

13.1 Entire Agreement and Modification. This Agreement shall constitute the entire agreement between the parties with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties relating to such transactions. The Exhibits attached hereto are considered to be a part of this Agreement. No modification of this Agreement shall be binding, unless in writing and signed by an authorized representative of each party.

13.2 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither party hereto shall in any way sell, transfer, assign, or otherwise dispose of any of the rights, privileges, duties and obligations granted or imposed upon it under this Agreement; provided, however, TD SYNNEX shall have the right to assign its rights, duties and responsibilities under this Agreement to an affiliate of TD SYNNEX.

An affiliate of TD SYNNEX means any corporation, partnership or other business entity which controls, is controlled by, or is under common control with TD SYNNEX.

13.3 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal, or unenforceable pr ovision or provisions would result in a failure of consideration under this Agreement, such invalidity, illegality or unenforceability shall be severed and shall not affect any other provision hereof. Furthermore, the severed provision shall be replaced by a provision which comes close so such severed provision, or part thereof, in language and intent, without being invalid, illegal or unenforceable.

13.4 Force Majeure. Neither party shall be liable to the other for any delay in performance or failure to perform, in whole or in part, due to labor dispute, strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority, judicial action, computer virus or worm, or similar causes beyond the reasonable control of such party. If any event of force majeure occurs, the party affected by such event shall promptly notify the other party of such event and take all reasonable actions to avoid the effect of such event.

13.5 Independent Contractor. TD SYNNEX and Reseller are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties.

13.6 Disputes. Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event that such good faith settlements fail, excluding any and all disputes and controversies arising out of or in connection with Sections 7.1 or 8.1, any and all Item Title: 9.11
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9 NCPA 01-97 version 2/15/24

other disputes and controversies of every kind and nature between the parties arising out of or in connection with the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination of this Agreement shall be submitted to binding arbitration, pursuant to the Rules of the American Arbitration Association, before a single arbitrator in Alameda County, California. In the event the parties cannot agree on the arbitrator, then an administrator of the American Arbitration Association shall select an appropriate arbitrator from among arbitrators of the American Arbitration Association with experience in commercial disputes related to technology products. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgment, reasonable attorneys’ fees and court costs.

13.7 No Waiver. The failure of either party to require performance by the other party of any provision of this Agreement shall not affect the full right to require such performance at any later time, nor shall the waiver by a party of a breach of any provision of this Ag reement be taken or held to be a waiver of the provision itself.

13.8 Jurisprudence. This Agreement shall be governed by and construed in accordance with the laws of California and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.9 Notice. All written notices required by this Agreement must be delivered in person or by means evidenced by a delivery receipt and will be effective upon receipt.

13.10 Exhibits. If any Exhibit is attached hereto such Exhibit is incorporated herein by reference.

The parties may amend any Exhibit from time to time by entering into a separate written agreement, referencing such Exhibit and specifying the amendment thereto, signed by an authorized employee of each of the parties.
* * * * * * *
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SHI Response to
City of Menifee

Project Name: Request for Computers (Desktop) & Monitors

November 25, 2024

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N
ovember 25, 2024
M
argarita Cornejo
[email protected]
D
ear Margarita Cornejo:

The public sector empowers our schools, improves our government infrastructure, and supports health care services. Work done by City of Menifee (City of Menifee) in government’s advances our common good and permits us to enjoy the benefits of community and family. However, delivering a competitive technology advantage while closely managing spend can be a unique challenge to your organization. As the digital world continues to rapidly change, City of Menifee needs a partner that can help you stay ahead of the technology curve and confirm your infrastructure, data, and people are protected. SHI can help.

Our proposal illustrates why we are best qualified to meet the needs of City of Menifee, providing evidence of our ability to deliver the highest quality solutions at the best possible cost. Should you have any questions regarding our response, or if you require additional information, please contact me at [email protected] or 888-764-8888 or your SHI Account Executive, Damon Tobacco at +17323176877 or +17323176877. Thank you for your consideration, and I look forward to sharing wit h
y
ou all SHI has to offer.

Respectfully,
M
arguerite Berete-Aw
Proposal Specialist
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SHI Overview
City of Menifee

SHI OVERVIEW
SHI International Corp (SHI) started as a regional, software-only reseller in 1989. Co-founder Thai Lee has served as SHI’s only President and CEO. Under her leadership, SHI has organically grown into one of the largest, privately held, global technology solutions providers in the world—while maintaining the agility and friendliness of a small business.

Headquartered in Somerset, NJ, SHI is the largest woman and minority owned business in the United States with major operations centers in Austin, TX, Milton Keynes, UK, and a growing local presence around the world.

SHI employs more than 6,000 employees split into strategic business units who uphold SHI’s mission statement: “We are passionate about delivering exceptional value and experience as we help customers select, deploy, and manage technology.”
Today, over 17,000 corporate, enterprise, government, and academic organizations rely on SHI to support their transformation, collaboration, security, and optimization needs.

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Why SHI For Government
City of Menifee

WHY SHI FOR GOVERNMENT
City of Menifee wants to have confidence in the experience and resources of the partner you choose. SHI has been successfully supporting state and local government customers since the creation of our public sector organization in 1994. We offer practical, real-world solutions to empower citizens and advance government experience. Dedicated to the state and local government space, SHI employs experts in the areas of IT budgeting, grant assistance, cybersecurity, and professional development. This expertise can be applied across project management, information technology infrastructure library (ITIL) and Agile, leadership and communication, and change management services for our customers.

Support for our state and local government customers is enhanced and backed by our Government Affairs team.

Government Affairs Team
The Government Affairs team is a value-added resource designed to empower SHI's sales teams to deliver exceptional value and exceed customer expectations. The Government Affairs team was created with our government and education customers in mind, and each team member has served in a public sector leadership position. Because of their experience, the Government Affairs team has a deep knowledge of issues and policies impacting our state and local government customers. Leveraging a vast network of IT leaders, the Government Affairs team supports customers by:
• Engaging with partner organizations to monitor policy trends at all levels of government • Attending influential IT industry conferences and increasing SHI's visibility with IT decisio n
m
akers
• Helping with special projects designed to add value for customers The Government Affairs team is also constantly engaging with partners and organizations at all levels of government (state, county, and local government, as well as K-12 and higher education) to confirm they can meet the needs of each of our government and education customers, including those similar in size and structure to City of Menifee.

Funding and Grants
Our funding team can assist City of Menifee with identifying grants and other available opportunities to help fund technology projects. The grants program provides personalized guidance and assistance in learning about applicable funding resources for your technology needs and can help you throughout the application process. With access to these resources, you can have peace of mind knowing there are options to help support your goals.

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City of Menifee: Request for Quotes
(Informal Request for Computer Desktops & Monitors (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Project Name: Request for Computers (Desktop) & Monitors Goods/Service Requested (Short Description): The City of Menifee is seeking quote/per unit pricing for computer desktops & monitors including but not limited to: CMAS, NASPO, OMNIA, Sourcewell. The City would look to establish an on -going relationship with selected vendor(s) for the purchase of new and replacement equipment identified through the year.

Requested By: Margarita Cornejo Department: Finance
Date Requested: 11/13/2024
Response Deadline (Date & Time): November 19, 2024, at 2:00 p.m.

Clarification of specifications is to be directed to:

Accepted Response Methods:
☒ E mail : [email protected]
☐ M ail: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586
☐ In- P erson: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586
Goods, Equipment, Services Requested Detail/Specifications:

Various laptops and GETAC equipment and related accessories as listed below. Please note vendor does not need to be able to provide all listed equipment. The City will consider purchases from different vendors based on stock availability:

Computers

1. HP Elite Mini 800 G9
a. Intel i7 (5.0GHz)
b. 32GB RAM
c. 2TB SSD
d. Wi-Fi + Bluetooth
e. 3 x HDMI
f. RJ45

2. HP Z2 Tower G9 Workstation
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City of Menifee: Request for Quotes
(Informal Request for Computer Desktops & Monitors (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us a. Intel i9 (5.4 GHz)
b. 64GB RAM
c. 2TB SSD
d. 4 x HDMI
e. RJ45
f. NVIDIA RTX A4000 16GB
Monitors

1. ASUS TUF (Part # VG32VQ1B)
a. 31.5” LED Curved
b. 2 x HDMI
c. DisplayPort
d. Built-in Speakers

2. ASUS ROG Strix (Part # XG49VQ)
a. 49” LED Curved
b. 2 x HDMI
c. DisplayPort
d. Built-in Speakers

3. HP Monitor 24”
a. 2
x HDMI
b. Built-in Speakers

4. HP Monitor 28”
a. 2 x HDMI
b. Built-in Speakers

5. Dell UltraSharp (Part # TXRJW)
a. 43” 4k
b. 2 x HDMI
Insurance Requirements: (selected vendor/service provider to provide insurance certificates during Purchase Order/Contract process) ☒ G eneral Liability* ☐ Automobile Insurance* ☒ W orker’s Compensation ☐ N/A ☐ Professional Liability Insurance*
* City of Menifee must be listed as additional insured
Funding Source(s):
☒ L ocal funds :
☐ O ther Funding: ☐ Federal: ________ _________________ ☐ State: _____________________________ (Specify) (Specify)
Subject to Prevailing Wages Requirements: (Construction, alteration, demolition, installation, maintenance, or repair work) ☒ Yes ☐ No
22-3009648 New Jersey
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City of Menifee: Request for Quotes
(Informal Request for Computer Desktops & Monitors (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us (Actual Construction work, not labor compliance (professional services) Estimated Project Start Date & Duration:

Estimated Start Date: On-Going, the City would look to use vendor regularly for new and replacement equipment needs.

Estimated Project Duration: On-Going, the City would look to use vendor regularly for new and replacement equipment needs.

The total estimated budget for the current fiscal year for such equipment purchase is: $250,000

ADDITIONAL TERMS & CONDITIONS
QUESTIONS/INQUIRIES: Submit questions via email to [email protected] prior to the submittal deadline. All responses will be provided via email to the pre-qualified firms that were directly solicited.

FIRM QUOTATION: All proposals shall remain firm for at least ninety (90) days.

S
ELECTION PROCESS: The City of Menifee reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.

A
SSIGNMENT & SUBCONTRACTING: Firm may not assign or subcontract any portion of the services contemplated.

A
GREEMENT: A purchase Order will be generated against the existing On-Call Master Agreement.

PR
E-CONTRACTUAL EXPENSE: The City of Menifee shall not, in any event, be liable for any pre -contractual expense incurred by the Proposer in preparation of its proposal.

A
ll proposals must be dated and signed with the firm’s name and by an authorized officer or employee.

C
ONFIDENTIAL MATERIAL: After award, all proposals shall be open to public inspection. The City of Menifee assumes no responsibility for the confidentiality of information offered in a bid.

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City of Menifee: Request for Quotes
(Informal Request for Computer Desktops & Monitors (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Bidder Response Form
Project Name: Request for Computers (Desktop) & Monitors Response Deadline: November 19, 2024, at 2:00 p.m.

Goods/Service Requested (Short Description): The City of Menifee is seeking quote/per unit pricing for computer desktops & monitors including but not limited to: CMAS, NASPO, OMNIA, Sourcewell. The City would look to establish an on -going relationship with selected vendor(s) for the purchase of new and replacement equipment identified through the year.

Company Name: _________________________________________________________________________________________ A
ddress: _________________________________________________________________________________________________ C
ity: _____________________________________________ State: _________________ Zip Code:______________________ E
mail Address: __________________________________________________ Phone: _________________________________ A
pplicable License(s): ☒ N/A Description: ____N/A________________________ License Number: _______N/A___ D
IR Registration Number* (#): ______N/A____________________ ☒ N/A * Required for projects which involve construction, alteration, demolition, installation, maintenance, or repair work that requires payment of prevailing wages AND are greater than $25,000 for new construction, alteration, installation, demolition, or repair OR greater than $15,000 for maintenance work Total Cost for Requested Services/Goods:

Quotes should be all inclusive of equipment costs. Please note in the Additional Quotes Detail below any costs not included (Shipping, tax, etc, city should be aware of).

Please complete the attached Request for Quotes worksheet (REQUIRED) & return with response.

SHI International Corp.
290 Davidson Ave
Somerset
NJ
08873
[email protected]
+17323176877
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City of Menifee: Request for Quotes
(Informal Request for Computer Desktops & Monitors (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Addi
tional Quote Details (inclusions/exclusion etc):

Add
itional Attachments (Optional): Please briefly describe any attachments included with the response.

Cont
act Person: __________________________________________________________________________________________ Tit
le: _____________________________________________________________________________________________________ Und
ersigned agrees to furnish the services stipulated herein, any addendum(s) issued, and any applicable attachments at the price and terms stated within the solicitation. In addition, undersigned agrees to provide any applicable insurance requirements as identified with this request.

Authorized Signature: ________________________________________________________ Date: _________________ 11/19/2024
N/A
N/A
Damon Tobacco
PubSec Inside Account Executive
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P
ricing Proposal
Quotation #: 25551286
Created On: 11/18/2024
Valid Until: 12/31/2024
CA-City of Menifee Inside Account
Executive
Michelle Sarkissian
29714 Haun Rd
Menifee, CA 92584
United States
Phone: 951-723-1710
Fax:

Email: [email protected]
Damon Tobacco
290 Davidson Ave,
Somerset, NJ, 08873
Phone: 732-317-6877
Fax:

Email: [email protected]
A
ll Prices are in US Dollar (USD)
Product Qty Your Price Total
1 HP Elite 800 G9 - Wolf Pro Security - mini desktop Core i7 i7-14700T / up to 5.2 GHz - vPro - RAM 32 GB - SSD 512 GB - NVMe, TLC - UHD Graphics 770 - Gigabit Ethernet, IEEE 802.11ax (Wi-Fi 6E), Bluetooth 5.3 - Win 11 Pro - monitor: none - keyboard: US - HP, Inc. - Part#: A12GVUT#ABA
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
1 $1,454.59 $1,454.59
2 HP Workstation Z2 G9 - Wolf Pro Security - tower 4U - 1 x Core i9 i9-14900K / up to 6 GHz - RAM 32 GB - SSD 1 TB - HP Z Turbo Drive, NVMe, TLC - T1000 - Gigabit Ethernet - Wi n 11 Pro - monitor: none - keyboard: US - black - Smart Buy - with HP 1 year Wol
HP, Inc. - Part#: A1NY8UT#ABA
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
1 $2,365.95 $2,365.95
3 ASUS TUF Gaming VG32VQ1B - LED monitor - curved - 31.5" - 2560 x 1440 WQHD @ 165 Hz - VA - 250 cd/m - 3000:1 - HDR10 - 1 ms - 2xHDMI, DisplayPort - speakers ASUS - Part#: VG32VQ1B
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
1 $302.10 $302.10
4 ASUS ROG Strix XG49VQ - LED monitor - curved - 49" - 3840 x 1080 DFHD @ 144 Hz - VA - 450 cd/m - 3000:1 - DisplayHDR 400 - 4 ms - 2xHDMI, DisplayPort - speakers - black
ASUS - Part#: XG49VQ
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
1 $869.29 $869.29
5 HP 724pu - Series 7 Pro - LED monitor - 24" - 1920 x 1200 WUXGA @ 100 Hz - IPS - 350 cd/m - 1500:1 - 5 ms - HDMI, DisplayPort, USB-C - black, silver HP, Inc. - Part#: 8Y2F7AA#ABA
Contract N ame: OMNIA Partners - IT Solutions
Contract #: 2018011-02
1 $344.87 $344.87
6 HP E27m G4 Conferencing Monitor - E-Series - LED monitor - 27" - 2560 x 1440 QHD @ 75 Hz - IPS - 300 cd/m - 1000:1 - 5 ms - HDMI, DisplayPort, USB-C - speakers - silver (stand), black head
1 $426.23 $426.23
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HP, Inc. - Part#: 40Z29AA#ABA
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
7 Dell UltraSharp U2422H - LED monitor - 24" (23.8" viewable) - 1920 x 1080 Full HD 1 $301.52 $301.52 (1080p) @ 60 Hz - IPS - 250 cd/m - 1000:1 - 5 ms - HDMI, DisplayPort - with 3 years Basic Hardware Service with Advanced Exchange - for Latitude 5320, 5520; OptiPlex 3090;
Dell - Part#: DELL-U2422H
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Subtotal $6,064.55
Shipping $166.98
*Tax $530.65
Total $6,762.18
*Tax is estimated. Invoice will include the full and final tax due.

Addi
tional Comments
SH
I International Corp. is an authorized seller of the services described herein pursuant to the certain Participating Pursuant to Solicitation Agreement entered into between SHI International Corp. and the City of Mesa, Arizona. That certain cooperative contract # 2018011-02 is available with OMNIA Partners (“OMNIA”), a cooperative purchasing alliance whereby the City of Menifee is a member.

Pl
ease Note: HP, Inc. has a zero returns policy on custom build PCs. Ink and toner are also considered non-returnable. For these products, orders are non-cancellable and non-returnable from point of order.

Del
l has a no-returns policy on all hardware products. If an item is DOA, missing, wrong, or visibly damaged in transit, SHI must be notified within 24 hours.

Har
dware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.

The pr
oducts offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.

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City of Menifee
Request for Quotes
Computer (Desktops & Monitors)
Category: Desktop (Please see Standard Equipment Minimum Specifications Attachment for item specifics) Model Description
Available
Product
(Yes/No)
Per Unit Price ($) (Including
all applicable discounts) Applicable Cooperative Agreement Number
(NASPO, CMAS, OMNIA etc)
Subject to Annual
Increase
(Yes/No)
Maximum Annual
Increase Amount
or %
Standard
Delivery Period
(# of Business
Days) from
Order/PO
Received

1. HP Elite Mini 800 G9 Ye s See SHI Quote #25551286 OMNIA Yes N/A 4-6 Weeks

2. HP Z2 Tower G9 Workstation Yes See SHI Quote #25551286 OMNIA Yes N/A 4-6 Weeks Category: Monitors (Please see Standard Equipment Minimum Specifications Attachment for item specifics) Model Description
Available
Product
(Yes/No)
Per Unit Price ($) (Including
all applicable discounts) Applicable Cooperative Agreement Number
(NASPO, CMAS, OMNIA etc)
Subject to Annual
Increase
(Yes/No)
Maximum Annual
Increase Amount
or %
Standard
Delivery Period
(# of Business
Days) from
Order/PO
Received

1. ASUS TUF (Part # VG32VQ1B) Ye s See SHI Quote #25551286 OMNIA Yes N/A 4-6 Weeks

2. ASUS ROG Strix (Part # XG49VQ) Ye s See SHI Quote #25551287 OMNIA Yes N/A 4-6 Weeks

3. HP Monitor 24” Ye s See SHI Quote #25551288 OMNIA Yes N/A 4-6 Weeks

4. HP Monitor 28” Yes See SHI Quote #25551289 OMNIA Yes N/A 4-6 Weeks

5. Dell UltraSharp (Part # TXRJW) Yes See SHI Quote #25551290 OMNIA Yes N/A 4-6 Weeks Item Title: 9.11
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/1/2024
Marsh & McLennan Agency LLC
250 Pehle Avenue, Suite 400
Saddle Brook NJ 07663
[email protected]
Valley Forge Insurance Company
20508
SHIINTER1
National Fire Insurance Co of Hartford
20478
SHI International Corp.
290 Davidson Avenue
Somerset NJ 08873
Continental Insurance Company
35289
American Casualty Company of Reading PA
20427
Continental Insurance Co of NJ
42625
211604027
A
X
1,000,000
X
1,000,000
15,000
1,000,000
2,000,000
X
X
6050250197
9/30/2024
9/30/2025
2,000,000
B
1,000,000
X
X
X
6050291509
9/30/2024
9/30/2025
C
X
X
15,000,000
6081819517
9/30/2024
9/30/2025
15,000,000
X
10,000
D
X
N
WC650251110
9/30/2024
9/30/2025
1,000,000
1,000,000
1,000,000
E
Error & Omission/
Cyber Liability
596831142
9/30/2024
9/30/2025
$6,000,000 Occ/Agg
claims made
no retro date
Evidence of Insurance
SHI International Corp
290 Davidson Ave
Somerset NJ 08873
SHI has attached our current COI. SHI can provide an updated COI with the additionally insured if awarded Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 44

Menifee Mayor and City Council
December 17, 2024
Page
309 of 768

Terms and Conditions Disclosure
City of Menifee

TERMS AND CONDITIONS DISCLOSURE
SHI’s standard proposal validity is 30 days from date of submission. Should a contract be awarded to SHI as a result of this response, SHI will hold firm pricing for the proposed solution for 30 days from the date of award. As a reseller, we are dependent on pricing set by manufacturers which can be subject to fluctuation given unpredictable market conditions, possible supply chain changes or constraints, or other factors beyond SHI’s control.

SHI is responding to this RFP under the terms of Contract OMNIA 2018011-02. The terms of Contract OMNIA 2018011-02 will supersede the terms and conditions of the RFP.

PAYMENT TERMS
SHI’s standard approach to payment terms with each of our valued customers is Net 30 days from the date of invoice.

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 45

Menifee Mayor and City Council
December 17, 2024
Page
310 of 768

Terms and Conditions Disclosure

City of Menifee PAGE 5

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 46

Menifee Mayor and City Council
December 17, 2024
Page
311 of 768

SHI Response to
City of Menifee

computer laptops, GETACs and related accessories

November 25, 2024

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 47

Menifee Mayor and City Council
December 17, 2024
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312 of 768

November 25, 2024

Margarita Cornejo
[email protected]

Dear Margarita Cornejo:

The public sector empowers our schools, improves our government infrastructure, and supports health c
are services. Work done by City of Menifee (City of Menifee) in government’s advances our common good and permits us to enjoy the benefits of community and family. However, delivering a competitive technology advantage while closely managing spend can be a unique challenge to your organization. As the digital world continues to rapidly change, City of Menifee needs a partner that can help you stay ahead of the technology curve and confirm your infrastructure, data, and people are protected. SHI can help.

By l everaging our broad range of authorizations and manufacturer relationships, we are confident that we are expertly positioned to align with your goals and uniquely qualified to support requirements contained in this RFP. SHI’s extensive catalog and focus on prioritizing your needs mean we can:
• Transform your organization with next-generation infrastructure • Optimize and simplify your IT investment
• Prioritize employee experience with modern workplace solutions • Protect your employees, data, and infrastructure
We appreciate the opportunity to participate in your RFP, computer laptops, GETACs and related accessories. Our proposal illustrates why we are best qualified to meet the needs of City of Menifee, providing evidence of our ability to deliver the highest quality solutions at the best possible cost. Should you have any questions regarding our response, or if you require additional information, please contact me at [ProjectOwnerEmail] or 888-764-8888 or your SHI Account Executive, Damon Tobacco at +17323176877 or +17323176877. Thank you for your consideration, and I look forward to sharing with you all SHI has to offer.

Respectfully,

Marguerite Berete-Aw
Proposal Specialist

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 48

Menifee Mayor and City Council
December 17, 2024
Page
313 of 768

SHI Overview
City of Menifee

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 49

Menifee Mayor and City Council
December 17, 2024
Page
314 of 768

Why SHI For Government
City of Menifee

Support for our state and local government customers is enhanced and backed by our Government Affairs team.

Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 50

Menifee Mayor and City Council
December 17, 2024
Page
315 of 768

City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us Project Name: Request for Computer Laptops/Getacs & Accessories Goods/Service Requested (Short Description): The City of Menifee is seeking quote/per unit pricing for computer laptops, GETACs and related accessories available for purchase via cooperative purchasing agreements, including but not limited to: CMAS, NASPO, OMNIA, Sourcewell. The City would look to establish an on -going relationship with selected vendor(s) for the purchase of new and replacement equipment identified through the year.

Requested By: Margarita Cornejo Department: Finance
Date Requested: 11/13/2024
Response Deadline (Date & Time): November 19, 2024, at 2:00 p.m.

Clarification of specifications is to be directed to:

Accepted Response Methods:
☒ E mail : [email protected]
☐ M ail: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586
☐ In- P erson: City of Menifee (Must be received by Response Deadline Indicated in Request) Attn:
29844 Haun Road
Menifee, CA 92586
Goods, Equipment, Services Requested Detail/Specifications:

Various laptops and GETAC equipment and related accessories as listed below. Please note vendor does not need to be able to provide all listed equipment. The City will consider purchases from different vendors based on stock availability:

Laptops

1. Microsoft Surface Laptop Studio 2
a. Intel Core i7
b. 64GB RAM
c. 2TB SSD
d. 14.4” Touchscreen

2. Microsoft Surface Laptop 6
a. Intel Core Ultra i7
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 51

Menifee Mayor and City Council
December 17, 2024
Page
316 of 768

City of Menifee: Request for Quotes
(Informal Request for Laptops & Accessories (Cooperative Purchasing Pricing))

City of Menifee – 29844 Haun Road, Menifee CA 92586 – Phone: (951) 672-6777 – www.cityofmenifee.us b. 32GB RAM
c. 1TB SSD
d. 15” Touchscreen

3. Microsoft Surface Pro
a. Snapdragon X Elite (12 Core)
b. Wi-Fi + 5G Cellular
c. 16GB RAM
d. 512GB SSD
e. 13” Touchscreen OLED

4. GETAC V110G7 (Part #VSCP7PJABGBA)
a. Intel i5
b. 32GB RAM
c. 256GB SSD
d. Wi-Fi + Bluetooth + 5G Cellular + Dedicated GPS
Accessories

1. Surface Thunderbolt 4 Dock

2. Surface USB-C Travel Hub

3. Surface Dock 2

4. Surface Pro Flex Keyboard

5. Surface Slim Pen

6. Surface Pen

7. GETAC V110 Office Dock w/90W AC Adapter (#GDOFUR)
Insurance Requirements: (selected vendor/service provider to provide insurance certificates during Purchase Order/Contract process) ☒ G eneral Liability* ☐ Automobile Insurance* ☒ W orker’s Compensation ☐ N/A ☐ Professional Liability Insurance*
* City of Menifee must be listed as additional insured
Funding Source(s):
☒ L ocal funds :
☐ O ther Funding: ☐ Federal: ________ _________________ ☐ State: _____________________________ (Specify) (Specify)
Subject to Prevailing Wages Requirements: (Construction, alteration, demolition, installation, maintenance, or repair work) ☒ Yes ☐ No
(Actual Construction work, not labor compliance (professional services) Estimated Project Start Date & Duration:

Estimated Start Date: On-Going, the City would look to use vendor regularly for new and replacement 22-3009648 New Jersey
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 52

Menifee Mayor and City Council
December 17, 2024
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317 of 768