2 5
0 0
proposed Amendment No. 2 would extend the term of services through June 30, 2025, allowing for the completion of the Study. All other terms and conditions of the Agreement remain in full force and effect.
Pursuant to Menifee Municipal Code § 3.12.090, any time extension of a performance deadline that exceeds 60 days shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with this recommended action.
ATTACHMENTS
1. Master Circulation Plan Study Amendment No. 2
2. Master Circulation Plan Study Original Agreement
Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
757 of 1056
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC ANALYSIS SERVICES FOR THE ECONOMIC DEVELOPMENT CORRIDOR,
NORTHERN GATEWAY AREA
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC ANALYSIS SERVICES FOR THE ECONOMIC DEVELOPMENT CORRIDOR,
NORTHERN GATEWAY AREA
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on March 27, 2024 between the City of Menifee (“City”) and KIMLEY-HORN AND ASSOCIATES, INC (“Consultant”) for TRAFFIC ANALYSIS SERVICES FOR THE ECONOMIC DEVELOPMENT CORRIDOR, NORTHERN GATEWAY AREA, as amended by that certain Amendment No.1 to the Agreement entered into on January 2, 2025 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2025 to extend the term of the agreement 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. The Parties further acknowledge that although the Agreement was originally set to terminate on December 31,2024, the Parties continued to operate as though the Agreement were still in full force and effect up to and following the execution of Amendment No. 1. The Parties mutually agree to continue the uninterrupted effectiveness of the Agreement until the end of the Term of Services as revised by this Amendment No. 2 and any future amendment entered into by the Parties.
3. 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 March 27, 2024 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
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. [SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 3
Menifee Mayor and City Council
February 19, 2025
Page
758 of 1056
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
TRAFFIC ANALYSIS SERVICES FOR THE ECONOMIC DEVELOPMENT CORRIDOR,
NORTHERN GATEWAY AREA
4 9
9 6
7 CITY OF MENIFEE Kimley-Horn and Associates, Inc
_______________________________ _______________________________ Armando G. Villa, City Manager John Pollock, PE, Vice President Attest: ________________________________
Davie Cowan, PE, Vice President
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 4
Menifee Mayor and City Council
February 19, 2025
Page
759 of 1056
2905/031858-0034
20200201.2 a03/15/24
01006.0130/967641.1
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ANALYSIS SERVICES
FOR THE ECONOMIC DEVELOPMENT CORRIDOR, NORTHERN GATEWAY AREA
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 27th day of March, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina 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 March 27, 2024 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 City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 5
Menifee Mayor and City Council
February 19, 2025
Page
760 of 1056
2905/031858-0034
20200201.2 a03/15/24 -2-
01006.0130/967641.1
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 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 applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
1.8 City of Perris Agreement. The Parties acknowledge that the City of Perris and Consultant shall enter a contract for identical compensation and Services to those provided under this Agreement (“Perris Agreement”). City shall have no obligations pursuant to the Perris Agreement, including to compensate Consultant thereunder. However, in the event that Consultant requires direction or clarification relating to any Services performed under this Agreement, Consultant shall seek such direction and clarification from both the City, pursuant to this Agreement, and the City of Perris, pursuant to the Perris Agreement. Further, any such direction and clarification shall require the approval of both the City and the City of Perris.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED TWENTY-
FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND ZERO
CENTS ($124,750.00) 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. The parties understand and agree that this Agreement obliges City to pay for only one half of the total cost of the Services to be provided by Consultant, with the remaining one half to be paid by the City of Perris. The obligations of the City of Menifee and the City of Perris to pay for the Services are not joint and several; each city shall be solely responsible for payment of its half of the costs of the Services. 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; DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 6
Menifee Mayor and City Council
February 19, 2025
Page
761 of 1056
2905/031858-0034
20200201.2 a03/15/24 -3-
01006.0130/967641.1
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;
g. For each invoice, one half of the costs of the Services will be billed to the City of Menifee, and a concurrent invoice for the remaining one half of the costs of the Services will be delivered to the City of Perris.
h. 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 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 7
Menifee Mayor and City Council
February 19, 2025
Page
762 of 1056
2905/031858-0034
20200201.2 a03/15/24 -4-
01006.0130/967641.1
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.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
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 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 or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 8
Menifee Mayor and City Council
February 19, 2025
Page
763 of 1056
2905/031858-0034
20200201.2 a03/15/24 -5-
01006.0130/967641.1
Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
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 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 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 the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 9
Menifee Mayor and City Council
February 19, 2025
Page
764 of 1056
2905/031858-0034
20200201.2 a03/15/24 -6-
01006.0130/967641.1
(ii) 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 liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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. (iii) 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 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.
(iv) 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 include the following reference:
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 10
Menifee Mayor and City Council
February 19, 2025
Page
765 of 1056
2905/031858-0034
20200201.2 a03/15/24 -7-
01006.0130/967641.1
PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ANALYSIS SERVICES
FOR THE ECONOMIC DEVELOPMENT CORRIDOR, NORTHERN GATEWAY AREA. 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. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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 general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured 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.
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 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.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 11
Menifee Mayor and City Council
February 19, 2025
Page
766 of 1056
2905/031858-0034
20200201.2 a03/15/24 -8-
01006.0130/967641.1
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if 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.
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, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 12
Menifee Mayor and City Council
February 19, 2025
Page
767 of 1056
2905/031858-0034
20200201.2 a03/15/24 -9-
01006.0130/967641.1
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. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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. 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 Subsection 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 is or any of its officers, employees, or agents are 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. 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 entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 13
Menifee Mayor and City Council
February 19, 2025
Page
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7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 14
Menifee Mayor and City Council
February 19, 2025
Page
769 of 1056
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in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by 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 Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by 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, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 15
Menifee Mayor and City Council
February 19, 2025
Page
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employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 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 DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 16
Menifee Mayor and City Council
February 19, 2025
Page
771 of 1056
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authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 17
Menifee Mayor and City Council
February 19, 2025
Page
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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, 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 the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 18
Menifee Mayor and City Council
February 19, 2025
Page
773 of 1056
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10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Trevor Briggs, P.E. (“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.
10.8 City Contract Administration. This Agreement shall be administered by City’s City Manager, or his or her designee (“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:
Kimley Horn and Associates, Inc.
Attn: Trevor Briggs
3801 University Avenue, Suite 300
Riverside, CA 92501
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 19
Menifee Mayor and City Council
February 19, 2025
Page
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Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Armando Villa, City Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the 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 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.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 20
Menifee Mayor and City Council
February 19, 2025
Page
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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. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. The City of Perris is not a third party beneficiary under this Agreement.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 21
Menifee Mayor and City Council
February 19, 2025
Page
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
John Pollock, Associate
Davie Cowan, Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 22
Menifee Mayor and City Council
February 19, 2025
Page
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20200201.2 a03/15/24 EXHIBIT A
01006.0130/967641.1
EXHIBIT A
SCOPE OF SERVICES
Services shall include TRAFFIC ANALYSIS SERVICES FOR THE ECONOMIC DEVELOPMENT CORRIDOR, NORTHERN GATEWAY AREA in the amount not to exceed ONE HUNDRED TWENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($124,750) as further detailed in the following page(s). For the avoidance of doubt, the City of Menifee shall have responsibility for one half of the total amount specified on the following pages, i.e., the total amount is two hundred forty-nine thousand five hundred dollars ($249,500), of which the City of Menifee shall have responsibility to pay one hundred twenty-four thousand seven hundred fifty dollars ($124,750).
Further, the “Master Circulation Plan Traffic Study”, as referenced in the following pages, shall not be commenced until the City of Perris and the City of Menifee have agreed and approved in writing a “Scoping Agreement”, which will detail the manner in which the “Master Circulation Plan Traffic Study” will be conducted.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 23
Menifee Mayor and City Council
February 19, 2025
Page
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20200201.2 a03/15/24
EXHIBIT A
-2-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 24
Menifee Mayor and City Council
February 19, 2025
Page
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20200201.2 a03/15/24
EXHIBIT A
-3-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 25
Menifee Mayor and City Council
February 19, 2025
Page
780 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-4-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 26
Menifee Mayor and City Council
February 19, 2025
Page
781 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-5-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 27
Menifee Mayor and City Council
February 19, 2025
Page
782 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-6-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 28
Menifee Mayor and City Council
February 19, 2025
Page
783 of 1056
kimley-horn.com 3801 University Ave Suite 300, Riverside, CA 92501 951-543-9868 The future volume forecasts, trip generation estimates, and trip distribution assumptions for the four (4) options with the EDC-NG area will be submitted to the City of Menifee and the City of Perris for concurrence prior to proceeding with Tasks 1.2 through 1.4.
Task 1.2 Left-Turn Queuing Analysis
Conduct a left-turn pocket queuing analysis (using the SimTraffic software) at the following signalized intersection locations to determine adequacy of existing left-turn queuing capacity along Ethanac Road under Option 1 (No Build; No Truck Corridor) and Option 2 (One-Way Inbound Truck Corridor) conditions:
1. Ethanac Road at Goetz Road
a. Westbound Left Turn
2. Ethanac Road at Byers Road
a. Westbound Left Turn
3. Ethanac Road at Murrieta Road
a. Westbound Left Turn
4. Ethanac Road at Hull Street
a. Westbound Left Turn
5. Ethanac Road at Evans Road
a. Westbound Left Turn
6. Ethanac Road at Green Valley Parkway
a. Eastbound Left Turn
7. Ethanac Road at Barnett Road
a. Westbound Left Turn
8. Ethanac Road at I-215 SB Ramps
a. Westbound Left Turn
b. Southbound Right Turn
9. Ethanac Road at I-215 NB Ramps
a. Eastbound Left Turn
b. Northbound Left Turn
Conduct a focused westbound left-turn pocket queuing analysis at the intersection of Ethanac Road at Barnett Road, under future buildout conditions for the four options, to evaluate the distribution of project truck traffic using Barnett Road to access the Economic Development Corridor-Northern Gateway (EDC-NG).
The queuing analysis will determine the maximum inbound truck traffic that can be routed down Barnett Road (97 foot right of way) as a limiting factor. The queuing analysis assumes up to three additional (4) iterations for up to four (4) options (up to 16 total iterations) to assign the rest of the inbound truck traffic to Evans Road, Murrieta Road, and Byers Road subject to the existing westbound left turn capacity at each of those intersections.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 29
Menifee Mayor and City Council
February 19, 2025
Page
784 of 1056
kimley-horn.com 3801 University Ave Suite 300, Riverside, CA 92501 951-543-9868 Identify recommended improvements (as applicable) to the following intersections to address left- turn queuing of truck traffic for the four (4) options:
1. Ethanac Road at Barnett Road
2. Ethanac Road at Evans Road
3. Ethanac Road at Hull Street
4. Ethanac Road at Murrieta Road
5. Ethanac Road at Byers Road
6. I-215 NB Ramp at Ethanac Road
7. I-215 SB Ramp at Ethanac Road
8. Murrieta Road at Truck Corridor
Task 1.3 Safety Review
Conduct a safety review for the proposed truck route following Caltrans standards. The safety assessment requirements for the truck route will be limited to the following elements:
Review of sight distance requirements at intersections along the truck route. Sight distance triangles for corner clearance will be provided at all the intersections along the proposed truck route.
Driveway and intersection spacing review
Queuing exceeding turn pocket that impedes through-traffic Pedestrian and bicycle conflict points caused by turning vehicles Provide recommendations for safety improvements, if applicable.
Task 1.4 Truck Corridor Analysis and Report
Confirm appropriate cross sections along the Truck Corridor and review traffic control and potential queuing at the study intersections along the Truck Corridor.
Summarize operating conditions at the 21 study intersections, 30 roadway segments and 3 off- ramp queues noted in Task 1.1 under Future Build-Out conditions for the following scenarios as noted in the “Project Understanding” section of this proposal:
· Option 1 – No Build Condition (No Truck Corridor)
· Option 2 – One-Way Inbound Truck Corridor (Westbound Only) · Option 3 – Two-Way Truck Corridor (10% of Inbound Trucks from Case Road) · Option 4 – Two-Way Truck Corridor (100% of Trucks from Ethanac Road/I-215 Interchange)
Identify recommended improvements.
Prepare a stand-alone traffic report to document the methods and results of the analyses performed in this task.
Revise the traffic report to respond to up to two (2) rounds of consolidated review comments, to the extent that the revisions are within the approved scope of services and that no new data collection or additional analysis is required. The City of Menifee will compile review comments from both the DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 30
Menifee Mayor and City Council
February 19, 2025
Page
785 of 1056
kimley-horn.com 3801 University Ave Suite 300, Riverside, CA 92501 951-543-9868 City of Menifee and the City of Perris and provide consolidated comments for the Consultant to address.
The traffic analysis and report will address the impacts of a single development scenario. Analysis of project alternatives, phased development, additional analysis scenarios, or revised analysis to address revisions to the site plan will require additional fee.
Task 1.5 Preliminary Alignment Study – Truck Access Road Consultant will prepare a preliminary alignment study based on standard cross-sections identified in Table 1 for discussion purposes with the client to identify the horizontal geometry of the EDC Truck Access Road. The Preliminary Alignment Study will show access from Ethanac Road to Barnett Road, Evans Road, Hull Street, Murrieta Road, Geary Street, Byers Road, and Wheat Street, and will identify the horizontal geometry of the EDC access from Ethanac Road at Barnett Road, Evans Road, Hull Street, Murrieta Road, Geary Street, Byers Road, and Wheat Street.
The Consultant will develop a draft alignment based on impacts to the proposed industrial developments, constructability, right-of-way requirements, utilities, and other restrictions.
Consultant will evaluate truck turning templates on up to 17 intersections and adjust design as needed to accommodate truck turning movements.
Consultant will obtain and review as-builts and right-of-way information for the existing crossing of the Riverside County Flood Control and Water Conservation District Channel on Barnett Road.
Consultant will evaluate up to 2 alignment options of Barnett Road crossing the channel. Width of new roadway, angle of crossing, and permitting process will be considered in evaluation.
Plans will be 24” x 36” roll plots at 1” = 150’ scale.
Deliverable:
· Center line alignment study – Electronic full-size copy of the plans Task 2.0 Project Management and Coordination
Trevor Briggs, P.E. will be Kimley-Horn’s project manager and sole point of contact. He will lead project management coordination, which will consist of schedules, progress reports, invoicing and administration.
Consultant will provide coordination and attend project meetings as required by agencies and/or requested by the Client. As the level of effort associated with preparation for, attendance at and documentation of meeting discussions is difficult to predict, it will be completed on an hourly basis with an initial budget estimate provided below. Consultant assumes the following coordination and/or meetings will be required:
a) Project Team Meetings: We’ve found that it is beneficial to hold coordination meetings with the client and other team members. The initial budget estimate assumes up to 40 hours for project team meetings.
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 31
Menifee Mayor and City Council
February 19, 2025
Page
786 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-10-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 32
Menifee Mayor and City Council
February 19, 2025
Page
787 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-11-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 33
Menifee Mayor and City Council
February 19, 2025
Page
788 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-12-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 34
Menifee Mayor and City Council
February 19, 2025
Page
789 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-13-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 35
Menifee Mayor and City Council
February 19, 2025
Page
790 of 1056
2905/031858-0034
20200201.2 a03/15/24
EXHIBIT A
-14-
01006.0130/967641.1
DocuSign Envelope ID: 4016494C-C167-4D88-BF85-C77F8169510B Item Title: 10.16
Agreement
Amendment
with
Kimley-Horn
and
Associates,
Inc.
for
the
Master
Circulation
Plan
Study
in
the
Economic
Development Corridor – Northern Gateway
Item Page Number: 36
Menifee Mayor and City Council
February 19, 2025
Page
791 of 1056
CITY OF MENIFEE
SUBJECT: Agreement Amendment with CSD Cyber, LLC. for
Cybersecurity Penetration Testing Services
MEETING DATE: February 19, 2025
TO: Mayor and City Council
PREPARED BY: Damien Greathouse, Cybersecurity Manager Ross Sublett, Management Analyst
REVIEWED BY: Michelle Sarkissian, Acting IT Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with CSD Cyber, LLC. for cybersecurity penetration testing services, increasing the compensation amount by $3,731.80, for a total not-to-exceed amount of $28,571.80.
DISCUSSION
The City of Menifee Information Technology Department (“IT Department”) oversees all Citywide cybersecurity solutions and ensures safety from cyber-attacks. The user base expansion and growing influence within the City of Menifee (“City”) have significantly heightened security threats.
To keep up with the growth in security threats, the IT Department has initiated third-party cybersecurity testing to ensure that the City is in compliance with Federal Codes such as the National Institute of Standards and Technology (NIST) which is used to keep compliance and understand risk with the proper measures to keep the City safe.
On October 14, 2024, the City entered into a Professional Services Agreement (“Agreement”) with CSD Cybersecurity, LLC. (“Consultant”) in an amount not-to-exceed $24,840. The Agreement was approved under the City Manager’s signing authority pursuant to Menifee Municipal Code Section 3.12.080 to provide cybersecurity penetration testing services.
The Consultant is a cybersecurity firm dedicated to providing top-quality data protection services and tools to ensure business continuity and compliance for its clients. The Consultant offers a range of solutions to safeguard organizations against cyber threats and aims to enhance the security posture of organizations while also enabling them to effectively defend against and Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 1
Menifee Mayor and City Council
February 19, 2025
Page
792 of 1056
City of Menifee Staff Report
Agreement Amendment No. 1 with CSD Cyber, LLC.
February 19, 2025
2 5
2 5
respond to the evolving landscape of cyber threats. Their ability to find shortcomings in cybersecurity makes them unique and effective in helping companies defend against the constant stream of cyber-attacks that occur every day.
Penetration testing simulates real-world attacks to assess the effectiveness of the City’s security measures, enabling the IT Department to proactively address potential risks. This service is crucial for enhancing the City’s overall cybersecurity posture, ensuring compliance with industry regulations, and safeguarding sensitive data against unauthorized access. By undertaking this rigorous testing, the IT Department aims to validate and strengthen the City’s defenses against potential cyber-attacks.
The proposed Amendment No. 1 would expand the original Agreement’s scope of work to include on-site testing services and increase the project compensation by $3,731.80 for a total not-to- exceed amount of $28,571.80. By providing on-site penetration testing services, the Consultant can provide a more accurate assessment of the City’s security posture by allowing testers to evaluate internal networks, physical security controls, and potential insider threats. This hands- on approach ensures real-time collaboration with the IT Department, minimizes false positives, and enables immediate remediation of vulnerabilities in a controlled environment.
Pursuant to Menifee Municipal Code Section 3.12.090, amendments or change orders in the amount greater than 10% of the contract amount or that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact for the proposed Amendment No. 1 with CSD Cyber, LLC. is $3,731.80 for Fiscal Year 2024/2025. Funding for the proposed amendment is available in the Fiscal Year 2024/2025 budget within the IT Fund in the Operations Division’s Cybersecurity account (1110-ITD-OPER- 651354). No additional budget appropriation action is required.
ATTACHMENTS
1. Amendment No. 1 - CSD Cyber, LLC.
2. Fiscal Year 24/2025 CSD Cyber, LLC. Agreement
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
793 of 1056
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CYBER SECURITY PENETRATION TESTING SERVICES
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CYBER SECURITY PENETRATION TESTING SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on October 14, 2024 between the City of Menifee (“City”) and CSD CYBER, LLC (“Consultant”) for CYBER SECURITY PENETRATION TESTING SERVICES, which this Amendment No. 1 is made and entered into on ______________, 2025 to increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2.SECTION 2, “Compensation” is amended to increase the maximum compensation by Three Thousand Seven Hundred Thirty One Dollars and Eighty Cents ($3,731.80), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Twenty Eight Thousand Five Hundred Seventy One Dollars and Eighty Cents ($28,571.80) 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:
SCOPE OF SERVICES
Consultant shall provide CYBER SECURITY PENETRATION TESTING SERVICES in the amount not to exceed Twenty Eight Thousand Five Hundred Seventy One Dollars and Eighty Cents ($28,571.80) 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. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 3
Menifee Mayor and City Council
February 19, 2025
Page
794 of 1056
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
CYBER SECURITY PENETRATION TESTING SERVICES
4 9
9 5
2 CITY OF MENIFEE CSD CYBER, LLC.
_______________________________ _______________________________ Armando G. Villa, City Manager Alfred Ortiz, CEO Attest: ________________________________
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 4
Menifee Mayor and City Council
February 19, 2025
Page
795 of 1056
EXHIBIT A
Exhibit A
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 5
Menifee Mayor and City Council
February 19, 2025
Page
796 of 1056
2905/031858-0001
18155996.1 a07/24/24
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CYBER SECURITY PENETRATION TESTING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and CSD CYBER, LLC., a Limited Liability Company (LLC) (“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 September 23, 2024 and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 6
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 -2-
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 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 applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
1.8 Confidentiality. Consultant shall maintain confidentiality of all work product, results, information, and any other materials produced or revealed through the Services or otherwise pursuant to this Agreement, including all records and materials referenced in Section 9 hereunder. Consultant shall not disclose, publish, or otherwise share such information with any person without the express prior written consent of the Contract Administrator or City’s Chief Information Officer which may be granted or withheld in that person’s sole discretion. In the event Consultant believes or is informed that it is legally required to disclose any information subject to this Section 1.8, it shall provide City with at least thirty (30) days’ notice of the request (or the longest period permitted by law), and the opportunity to seek a protective order to protect the information. Consultant acknowledges that the Services involve highly sensitive City information and data, and that breach of this Section 1.8 may result in significant damages to City and liability to Consultant. This Section 1.8 shall not prevent City from complying with its transparency requirements under applicable law, including but not limited to the California Public Records Act or successor provisions.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Twenty Four Thousand Eight Hundred Forty Dollars and Zero Cents ($24,840.00) 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.
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; Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 7
Menifee Mayor and City Council
February 19, 2025
Page
798 of 1056
2905/031858-0001
18155996.1 a07/24/24 -3-
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;
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. Split Payment. City shall make payments of 50% to initiate the project $12,240.00 based on the above section 2 Compensation for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay the second half 50% $12,240.00 of the project upon its completion when the final report of the testing has been completed and delivered. An invoice will be sent to the City prior to the initiation of work.
2.2 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed. Final invoice to be sent on delivery of the final report. The city will invoice City for second half 50% or $12,240.00 with Net 30 terms of payment.
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. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 8
Menifee Mayor and City Council
February 19, 2025
Page
799 of 1056
2905/031858-0001
18155996.1 a07/24/24 -4-
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 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 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 or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Item Title: 10.17
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Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
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 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 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.- Automobile Liability Insurance is waived. 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.- Automobile Liability Insurance is waived.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
Item Title: 10.17
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(ii) 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 liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) 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. (iii) 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 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.
(iv) 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 include the following reference: CYBER Item Title: 10.17
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SECURITY PENETRATION TESTING 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. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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 general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured 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.
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 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.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 12
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February 19, 2025
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g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if 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.
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, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Item Title: 10.17
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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. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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. 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 Subsection 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 is or any of its officers, employees, or agents are 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. 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 entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 14
Menifee Mayor and City Council
February 19, 2025
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7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 15
Menifee Mayor and City Council
February 19, 2025
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in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by 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 Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by 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, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 16
Menifee Mayor and City Council
February 19, 2025
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employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
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 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 Item Title: 10.17
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authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In this case, CSD Cyber will contract Jerry Chapee and Mark Prys as 1099 contractors for particular work in this contract. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any Item Title: 10.17
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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, 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 the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
Item Title: 10.17
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10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Alfred Ortiz(“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.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Michelle Sarkissian, IT Manager (“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:
CSD CYBER, LLC.
Attn: Alfred Ortiz
545 Third Street, Suite 267
Monument, CO 80132
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 20
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 -16-
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michelle Sarkissian, IT Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the 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 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.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 21
Menifee Mayor and City Council
February 19, 2025
Page
812 of 1056
2905/031858-0001
18155996.1 a07/24/24 -17-
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. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 22
Menifee Mayor and City Council
February 19, 2025
Page
813 of 1056
2905/031858-0001
18155996.1 a07/24/24 -18-
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
Alfred Ortiz, CEO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 23
Menifee Mayor and City Council
February 19, 2025
Page
814 of 1056
2905/031858-0001
18155996.1 a07/24/24
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CYBER SECURITY PENETRATION TESTING SERVICESin the amount not to exceed Twenty Four Thousand Eight Hundred Forty Dollars and Zero Cents ($24,840.00) as further detailed in the following page(s).
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 24
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 25
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 26
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 27
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 28
Menifee Mayor and City Council
February 19, 2025
Page
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2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 29
Menifee Mayor and City Council
February 19, 2025
Page
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CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
09-18-2024
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.
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).
CONTACT NAME:
FAX: 866-715-2764PHONE 1-800-507-4495
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
PRODUCER
Berkshire Hathaway Direct Insurance Company
1314 Douglas Street, Suite 1400
Omaha, NE 68102
INSURER A : Berkshire Hathaway Direct Insurance Company 10391 INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURED
CyberSoftwareDistributors, LLC DBA CSD Cyber
545 3rd St Unit 267
Monument, CO 80132-4511
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
INSR LTR TYPE OF INSURANCE ADDL
INSD
SUB
R
WVD
POLICY
NUMBER
POLICY
EFF
(MM/DD/Y
YYY)
POLICY EXP
(MM/DD/YYYY
)
LIMITS
x COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
PREMISES (Ea
occurrence)
$ 1,000,000
MED EXP (Any one
person)
$
PERSONAL & ADV
INJURY
$ 1,000,000
GENERAL
AGGREGATE
$ 3,000,000
x PRODUCTS -
COMP/OP AGG
$ SEE GENERAL
AGGREGATE
A
CLAIMS-MADE X OCCUR
CP140192705P2
023
01/15/2024 01/15/2025
$
AUTOMOBILE LIABILITY COMBINED SINGLE
LIMIT (Ea accident)
$
ANY AUTO BODILY INJURY (Per
person)
$
BODILY INJURY (Per
accident)
$
X X PROPERTY DAMAGE
(Per accident)
$
A
OWNEDAUTOS ONLY HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
CP140192705
P2023
01/15/2024 01/15/2025
HIRED AND NON -
OWNED
$1,000,000/3,000
,000
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
X PER
STATUT
E
X OTHER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA
EMPLOYEE
$ 1,000,000
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A CP140192705
P2023
01/15/2024 01/15/2025
E.L. DISEASE -
POLICY LIMIT
$ 3,000,000
OCCUR
x
A
ERRORS & OMISSIONS
CYBER x
CP140192705
P2023
01/15/2024 01/15/2025
PerOccur/Aggregate
PerOccur/Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Excluded from Workers Compensation
alfred ortiz - Excluded
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
CSD Cyber
545 Third Street
Monument, CO 80132
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 $1,000,000 /3,000,000
$1,000,000/3,000,000
OTHER:
POLICY PRO- JECT LOC
GEN'L AGGREGATE LIMIT APPLIES PER:
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 30
Menifee Mayor and City Council
February 19, 2025
Page
821 of 1056
From: Sanders, Jessica [[email protected]]
To: Ron Puccinelli [[email protected]], Jennifer Dominguez [[email protected]]
Subject: RE: Agreement Review Request: CSD Cyber, LLC for Cybersecurity Penetration Testing Services
Sent: Wed 9/11/2024 11:08 AM GMT-07:00
Importance: Normal
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good morning,
Please see revisions attached. Once signatures are added, this Agreement can proceed.
Thank you
Jess Sanders <http://www.rutan.com/Jess-Sanders>
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4617
[email protected] <mailto:[email protected]> | www.rutan.com <http://www.rutan.com/>
<https://www.rutan.com/>
_____________________________________________________
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
From: Ron Puccinelli <[email protected]>
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 31
Menifee Mayor and City Council
February 19, 2025
Page
822 of 1056
Sent: Thursday, September 5, 2024 10:45 AM
To: Jennifer Dominguez <[email protected]>; Sanders, Jessica <[email protected]>
Cc: Dall, Heather <[email protected]>; Melching, Jeffrey <[email protected]>; Amir Zaki <[email protected]>
Subject: RE: Agreement Review Request: CSD Cyber, LLC for Cybersecurity Penetration Testing Services
Hi Jessica,
For this agreement, I do need to add the NDA language we spoke about a few days ago.
This is to bar disclosure on the part of CSD Cyber of any sensitive/security/vulnerability information.
Best Regards,
Ron Puccinelli | Chief Information Officer
Information Technology Department
City of Menifee | 29844 Haun Road | Menifee, CA 92586
Direct: (951) 723-1711 | City Hall: (951) 672-6777 | Fax: (951) 679-2567
[email protected] <mailto:[email protected]> | cityofmenifee.us <https://www.cityofmenifee.us/>
Connect with us on social media: <https://www.facebook.com/cityofmenifeeus/> | <https://twitter.com/cityofmenifee?lang=en> |
<https://www.instagram.com/cityofmenifee.cityhall/?hl=en> | <https://www.linkedin.com/in/city-of-menifee/>
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 32
Menifee Mayor and City Council
February 19, 2025
Page
823 of 1056
*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
From: Jennifer Dominguez <[email protected]
<mailto:[email protected]> >
Sent: Thursday, September 5, 2024 10:35 AM
To: Sanders, Jessica <[email protected] <mailto:[email protected]> > Cc: Dall, Heather <[email protected] <mailto:[email protected]> >; Jeffery T.
Melching <[email protected] <mailto:[email protected]> >; Amir Zaki <[email protected] <mailto:[email protected]> >; Ron Puccinelli <[email protected] <mailto:[email protected]> > Subject: Agreement Review Request: CSD Cyber, LLC for Cybersecurity Penetration Testing Services
Good afternoon Jessica,
Attached for your review is the Professional Services Agreement between the City of Menifee and CSD Cyber, LLC for Cybersecurity Penetration Testing Services.
This agreement request is from the Information Technology Department.
Can you please review and advise if this is ok to start routing for signatures or will require any changes?
Please let me know if you have any questions or concerns. Have a wonderful day!
Thank you!
Jennifer Dominguez | Contract/Purchasing Specialist
Office of Finance
City of Menifee | 29844 Haun Road | Menifee, CA 92586
Direct: (951) 723-3743| City Hall: (951) 672-6777 | Fax: (951) 679-2568
[email protected] <mailto:[email protected]> | cityofmenifee.us
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 33
Menifee Mayor and City Council
February 19, 2025
Page
824 of 1056
Connect with us on social media: <https://www.facebook.com/cityofmenifeeus/> | <https://twitter.com/cityofmenifee?lang=en> |
<https://www.instagram.com/cityofmenifee.cityhall/?hl=en> | <https://www.linkedin.com/in/city-of-menifee/>
*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 34
Menifee Mayor and City Council
February 19, 2025
Page
825 of 1056
Full AccountDescriptionRevisedActualEnc/ReqsAvailable BudgetPercent Used1100-50-ITD-OPER-000-00000-652039- Mobile Devices 0.000.000.000.000.001100-50-ITD-OPER-000-00000-680000- Cal Card Holding 0.001,440.830.00-1,440.830.001110-50-ITD-OPER-000-00000-651350- Software Licens/Annual Maint. 419,180.00304,481.1018,810.0095,888.9077.121110-50-ITD-OPER-000-00000-651353- Cloud Based Subscrip/Licenses 309,531.00161,888.3149,804.1097,838.5968.391110-50-ITD-OPER-000-00000-651354- Cybersecurity 252,793.00957.90957.90250,877.200.761110-50-ITD-OPER-000-00000-651500- Small Tools/Field Equipment 20,000.004,912.960.0015,087.0424.561110-50-ITD-OPER-000-00000-651600- Special Dept Exp 6,800.000.000.006,800.000.001110-50-ITD-OPER-000-00000-652039- Mobile Devices 22,520.00360.800.0022,159.201.601110-50-ITD-OPER-000-00000-652500- Equipment Maint. 131,238.0090,914.720.0040,323.2869.271110-50-ITD-OPER-000-00000-652800- Professional Services 286,147.0061,456.750.00224,690.2521.481110-50-ITD-OPER-272-00000-651350- Software Licens/Annual Maint.0.000.000.000.000.001110-50-ITD-OPER-272-00000-651351- Computer Hardware0.000.000.000.000.001110-50-ITD-OPER-272-00000-651354- Cybersecurity0.0070,383.050.00-70,383.050.00Expenditure Status Report 10/7/20204 Item Title: 10.17
Agreement Amendment with CSD Cyber, LLC. for Cybersecurity Penetration Testing Services Item Page Number: 35
Menifee Mayor and City Council
February 19, 2025
Page
826 of 1056
CITY OF MENIFEE
SUBJECT: Introduction and First Reading of an Ordinance Regarding the Development Agreement Amendment for Cimarron Ridge
Specific Plan
MEETING DATE: February 19, 2025
TO: Mayor and City Council
PREPARED BY: Desiree McGriff, Associate Planner
REVIEWED BY: Ryan Fowler, Principal Planner
APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: Pulte Home Company, LLC
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance approving Amendment No. 3 to the Development Agreement for the Cimarron Ridge Specific Plan, located south of McLaughlin Road, east of Goetz Road, and west of Valley Boulevard, and find that no additional environmental review is required based upon the findings and conclusions in the resolution.
DISCUSSION
Development Agreement (DA) No. PLN24-0213 proposes a Third Amendment to the DA between the developer (Cimarron Ridge, LLC,) and the City of Menifee to allow up to 20 home occupancies in Planning Area (PA) No. 6 prior to completion of the McLaughlin Road improvements, increase in the number of the building permits in the Project that may be issued prior to completion of the sports park located in PA No. 4, from 485 permits to 635 permits, and an additional public benefit in the completion of a 730-foot-long section of Valley Boulevard “interim improvement” prior to December 31, 2025.
January 22, 2025 Planning Commission Hearing
On January 22, 2025, the Development Agreement Amendment No. 3 was presented to the Planning Commission. The Commission discussed the Valley Boulevard Capital Improvement Program (CIP) project status/right-of-way acquisition, delays for McLaughlin Road improvements, timing of park plan review, and option for proposed $300,000 Community Benefit for Valley Boulevard if right-of-way cannot be acquired/allocation of these funds. The Commission voted 4-0 to recommend the City Council approve the Project with an additional request for Council to consider requiring that the $300,000 community benefit (if necessary) be prioritized to the Valley Boulevard CIP project/missing link construction.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 1
Menifee Mayor and City Council
February 19, 2025
Page
827 of 1056
City of Menifee Staff Report
Cimarron Ridge Specific Plan DA Amendment No. 3
February 19, 2025
2 4
9 8
Location
The Project is located on 240.3 acres south of McLaughlin Road, east of Goetz Road, and west of Valley Boulevard (APN: 330-230-042, -043, 330-220-016, and -017).
Project Location
General Plan/Zone
The existing zoning and General Plan Land Use designation of the site is Cimarron Ridge Specific Plan. The Specific Plan has a land use designation of Medium Density Residential (MDR) with a density range of 2.1-5.0 dwelling units per acre (du/ac). This density allows for traditional single- family residential homes at various lot sizes. Surrounding general plan land use designations include 2.1-5.0 du/ac to the south and east, Public Utility Corridor (PUC) and Economic Development Corridor (EDC) to the north, and the City of Perris to the west with land use designations of Single-Family Residential (R-20,000), Single-Family Residential (R-6,000), and Open Space. These land use designations and those within the City of Perris are compatible with those proposed for the site. The zoning classification of the Project site Specific Plan and is consistent with the General Plan Designation of 2.1-5.0 du/ac and surrounding zoning classifications.
Background of the Development Agreement
The Cimarron Ridge Specific Plan and Tentative Tract Maps were approved by the City Council on October 21, 2015. The Specific Plan and Tentative Tract Maps provided for the development of 756 single-family residential lots and parks. The City of Menifee and Cimarron Ridge, LLC entered into a DA for the Cimarron Ridge Project on June 7, 2017. In May of 2023, a Minor Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
828 of 1056
City of Menifee Staff Report
Cimarron Ridge Specific Plan DA Amendment No. 3
February 19, 2025
2 4
9 8
Amendment to the DA was executed to adjust the timing of completion of the road improvements.
On April 3, 2024, the City Council approved Amendment No. 2 along with a Major Modification to the Tract Map to update provisions related to the community park relocation to PA No. 4, creating gated age-restricted communities in PA No. 5 and 6, and relocating 49 residential units from PA No. 4 to PA No. 5 as a result of the park relocation.
Cimarron Ridge Specific Plan
Development Agreement Provisions
The City of Menifee and Cimarron Ridge, LLC entered into a DA for the Cimarron Ridge project on June 7, 2017. Cimarron Ridge, LLC subsequently is the successor-in-interest to the rights and obligations of Cimarron Ridge, LLC related to the DA. In May of 2023, a Minor Amendment to the DA was executed to adjust the timing of completion of specific travel way improvements. Most recently, on April 3, 2024, the City Council approved Amendment No. 2 to update provisions related to the community park relocation to PA No. 4.
On October 28, 2024, Cimarron Ridge, LLC submitted an application for Amendment No. 3 to the DA to allow for the following:
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 3
Menifee Mayor and City Council
February 19, 2025
Page
829 of 1056
City of Menifee Staff Report
Cimarron Ridge Specific Plan DA Amendment No. 3
February 19, 2025
2 4
9 8
- Adjust timing of the completion/construction of the Community Park from the issuance of 485 building permits to the issuance of 635 building permits to be completed by June 1, 2025.
- Allow for 20 occupancies (home closings) within PA No. 6 prior to completion of McLaughlin Road improvements
- Additional community benefit to construct an interim connection of the Valley Boulevard missing link from just south of Chambers Avenue to McCall Boulevard (with optional payment of $300,000 should the City determine improvement infeasible) Cimarron Ridge, LLC is requesting a deferral of the park construction timing based on the timing of the previously approved DA Amendment No. 2 to relocate the park from PA No. 5 to PA No. 4.
The construction plans could not be completed and processed for review by City staff until after the Council’s previous approval in the Summer of 2024 of the new park location. Park plans have been reviewed and are anticipated to be approved by February 1, 2025. The developer anticipates a 12-month construction period and has committed to begin construction immediately following plan approval. Allowing for unforeseen issues, staff recommends requiring the park be completed no later than June 1, 2026, and open to the public. No changes or removal of previously agreed upon park amenities are proposed. While the change from the 485th building permit (64% of total project) to 635th building permit (84% of total project) is higher/later in the development process than what has been standard for master planned communities in the City of Menifee, the developer has provided the necessary bonding for the park and has committed to move forward expeditiously. Should the amendment not be approved, the Project would be subject to delays in production. Currently, approximately 436 building permits have already been issued.
In addition, Cimarron Ridge, LLC is requesting an allowance of 20 home closings/occupancies within PA No. 6 prior to the completion of the improvements on McLaughlin Road. The applicant has experienced construction delays and anticipates completion by March 2025 with homes to be completed and ready for sale in February 2025.
Associated with the above requests, Cimarron Ridge, LLC has included an additional community benefit to construct a 730-foot section of Valley Boulevard from just south of Chambers Avenue to connect to McCall Boulevard (missing link). The roadway would be constructed in an interim configuration and is proposed to include a 32-foot roadway section to match the current roadway south of McCall Boulevard, with eight-inch AC berms on each side of the roadway. No sidewalks would be constructed as there are no sidewalks to connect to south of McCall Boulevard. In order to facilitate this improvement, the City would need to acquire the necessary right-of-way (ROW) from one property owner. Staff recommends the construction of the missing link to be completed by December 2025, with allowable reasonable extension should the City experience delays in acquiring the ROW. The agreement also includes a provision that if the City determines the improvements to be infeasible or cannot acquire the ROW, the developer would instead provide the City a $300,000 in-lieu community benefit.
The proposed request was presented to the Finance Committee on December 10, 2024, and the Committee recommended that staff advance it to the Planning Commission and City Council for review. Subsequently, as staff was working with the Developer and City consultants on CFD bond issuance preparations, staff was made aware that Invitation Homes, a Real Estate Investment Trust (“REIT”) has purchased 54 homes in the community and is under contract to purchase up Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 4
Menifee Mayor and City Council
February 19, 2025
Page
830 of 1056
City of Menifee Staff Report
Cimarron Ridge Specific Plan DA Amendment No. 3
February 19, 2025
2 4
9 8
to 127 homes, or 16% of the total 756 homes in Cimarron Ridge. The REIT intends to maintain ownership and rent those homes. Although the Developer has the right to sell the homes to any party, staff is providing this as additional information to the Council.
Environmental Determination
All impacts related to the DA and previous development approvals were analyzed in an Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 2014051029) prepared for the original Project application (Tract Map No. 36658/2013-208, Parcel Map No. 36657/2013-247, Specific Plan No. 2013-247, General Plan Amendment No. 2014-016, Zone Change No. 2014- 017), which was adopted by City Council. No new environmental impacts have been identified.
No further environmental review is required. The previously prepared EIR is still accurate and applicable for this approval. In addition, the Valley Boulevard missing link improvements were analyzed in a separate California Environmental Quality Act (CEQA) document adopted by the Planning Commission on October 21, 2015 (SCH No. 2014051029). The Cimarron Ridge FEIR, and Valley Blvd environmental document can be accessed for review on the City website at https://www.cityofmenifee.us/325/Environmental-Notices-Documents.
Findings
Findings for the DA are included in the attached Ordinance.
Public Notice
The proposed Project was noticed on February 9, 2025, for the February 19, 2025 City Council hearing. A public notice was published within The Press Enterprise. Notices were also mailed to property owners within a 300-foot radius of the Project site. All relevant public agencies were also notified of the public hearing. On-site posting was also provided.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
Should this amendment be approved, ROW acquisition to facilitate the interim Valley Boulevard missing link roadway connection would be the City’s responsibility. This project is already included in the City’s Capital Improvement Plan as CIP 22-02: Valley Boulevard Widening and Missing Link. Funds for ROW acquisition have been allocated as a Transportation CIP project within the Menifee Valley RBBD Fund (2415-PWD-CIPS-760000) and the DIF Citywide Circulation Fund (2526-PWD-CIPS-760000).
ATTACHMENTS
1. Ordinance – DA
2. Exhibit A – DA Amendment No. 3
3. DA Amendment No. 2
4. DA Amendment No. 1
5. DA Original
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 5
Menifee Mayor and City Council
February 19, 2025
Page
831 of 1056
ORDINANCE NO. 25- ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING A THIRD AMENDMENT FOR CIMARRON
RIDGE DEVELOPMENT AGREEMENT NO. PLN24-0213 BY AND
BETWEEN THE CITY OF MENIFEE AND CIMARRON RIDGE, LLC,
WHEREAS, on October 28, 2024, the applicant, Cimarron Ridge, LLC, and filed a formal application with the City of Menifee for Development Agreement (DA) No. PLN24- 0213 (the “Project”) which proposes a third Amendment to the DA between the developer (Cimarron Ridge, LLC,) and the City of Menifee to allow up to 20 home occupancies in Planning Area (PA) No. 6, prior to completion of the McLaughlin Road improvements, a change in timing of the PA No. 4 park plan review, an increase in the number of the building permits in the Project that may be issued prior to completion of the Sports Park located in PA No. 4, from 485 to 635 permits, and an additional public benefit in the form of a 730-foot-long section of Valley Boulevard “improvement” to be completed prior to December 31, 2025; and
WHEREAS, City has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, Cimarron Ridge, LLC has included an additional community benefit to construct a 730-foot section of Valley Boulevard from south of Chambers Avenue to connect to McCall Boulevard (‘missing link’) and the improvements were analyzed in a separate California Environmental Quality Act (CEQA) document adopted by the Planning Commission on October 21, 2015 (SCH No. 2014051029); and WHEREAS, on January 22, 2025, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Third Amendment to the Cimarron Ridge Specific Plan DA No. PLN24-0213, which the hearing was publicly noticed on January 12, 2025, by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, on site posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and WHEREAS, On January 22, 2025, the DA Amendment No. 3 was presented to the Planning Commission. The Commission discussed the Valley Boulevard Capital Improvement Plan (CIP) project status/right-of-way acquisition, delays for McLaughlin Road improvements, timing of park plan review, and option for proposed $300,000 community benefit for Valley Boulevard if right-of-way (ROW) cannot be acquired/allocation of these funds. The Commission voted 4-0 to recommend the City Council approve the project with an additional request for Council to consider requiring that the $300,000 community benefit (if necessary) be prioritized to the Valley Boulevard CIP project/missing link construction; and
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 6
Menifee Mayor and City Council
February 19, 2025
Page
832 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
9 7
6 WHEREAS, the proposed DA Amendment No. 3 has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code and is attached hereto as “Exhibit A” of this Resolution; and
WHEREAS, on February 19, 2025, the City Council held a duly noticed public hearing on DA Amendment No. 3, considered all public testimony as well as materials in the staff report and accompanying documents for the agreement, which hearing was publicly noticed in The Press Enterprise, a newspaper of general circulation, an agenda posting, on-site posting, notice to property owners within 300-feet of the site boundaries, and to persons requesting public notice.
NOW, THEREFORE, the City Council of the City of Menifee does ordain as follows:
Section 1: The proposed DA is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.
The proposed Third Amendment to the DA supports the amendments and revisions to Cimarron Ridge Specific Plan and Tentative Tract Map (TTM) No. 36658. The changes to the DA will allow up to 20 home occupancies in PA No. 6, prior to completion of the McLaughlin Road improvements, a change in timing of the PA No. 4 park plan review, and increase the number of the building permits in the Project that may be issued prior to completion of the Sports Park located in PA No. 4, from 485 permits to 635 permits, and the completion of a 730-foot-long section of Valley Boulevard “improvement” prior to December 31, 2025. The Project is consistent with the Specific Plan land use designation. In addition, the Project will provide the residential uses envisioned in the General Plan and will generate economic growth and supply needed infrastructure, services and amenities envisioned in the General Plan.
In addition, the Project and associated DA are consistent with the following City of Menifee General Plan policies:
•Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.
The Project places appropriate uses within an area designated Specific Plan per the General Plan. Growth has been concentrated in this strategic location to help preserve rural areas. Through the land use plan, development standards, and design guidelines, the Specific Plan will create a unique place and develop its own identity. The Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan will ensure that development will provide infrastructure efficiently.
The DA implements and is consistent with Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 7
Menifee Mayor and City Council
February 19, 2025
Page
833 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
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6 •Policy LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs in the city and make it possible for people to live and work in Menifee and maintain a high quality of life.
The Project provides a variety of lot sizes that can accommodate different housing types and price ranges including age restricted housing. The Project contains residential and recreation opportunities fostering a high quality of life.
•Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.
The TTM proposes improvements for roadways, including but not limited to Valley Boulevard, Goetz Road, McLaughlin Road and Thornton Road, which are consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details. •HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open spaces, planting trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle.
As described above, the Project provides parks and open spaces, including expanded parkways, trees and a pattern of pathways that encourage an active healthy lifestyle.
Section 2:Consistency with the Zoning Code. The proposed DA is compatible with uses authorized in, and the regulations prescribed for, the zone in which the real property will be located.
The General Plan land use and zoning designation of the site is Cimarron Ridge Specific Plan. The proposed Third Amendment to the DA is being processed to assist in the successful completion of the Project.
As amended, the DA will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.
Section 3:The proposed DA is in conformity with and will promote public convenience, general welfare and good land use practice.
The Project would facilitate the development of a Specific Plan that includes a mix of residential lot sizes and public/quasi-public facilities. The residential uses proposed are similar to existing development surrounding the Project site.
The Project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Project incorporates quality Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 8
Menifee Mayor and City Council
February 19, 2025
Page
834 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
9 7
6 design, parks, landscaping and other improvements which will enhance the area upon construction. The proposed DA provides for the orderly construction of road improvements, utilities, drainage and other improvements. The proposed DA is consistent with the Specific Plan and will assist the Applicants in implementation of the Specific Plan. The proposed DA is in conformity with and will promote public convenience, general welfare and good land use practice.
Section 4:The DA will not create conditions materially detrimental to public health, safety and general welfare within the City.
The DA will not result in conditions detrimental to public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development Department, Engineering Department, and Office of the Fire Marshal to ensure it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include requiring park and other amenities to support the proposed residential component, roadway improvements consistent with the General Plan that will benefit the project site and surrounding areas.
The proposed DA does not contain any provisions that would create conditions materially detrimental to public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity and within the City.
Section 5:Orderly Development. The DA would not adversely affect the orderly development of property and surrounding area, or the preservation of property values.
The proposed Third Amendment to the DA would assist with and would not interfere with the Specific Plan and implementing maps/land use entitlements. The timing of infrastructure, including parks, was carefully considered and coordinated consistently with the original DA. Therefore, the DA would not adversely affect the orderly development of the surrounding area. The proposed DA would not alter the land uses as proposed in the Specific Plan. The proposed DA would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. The proposed DA would assist with the implementation of the Specific Plan, which includes improvements to surrounding roads and the construction of parks. The improvements associated with the Specific Plan implementation are anticipated to enhance and improve the surrounding area and not adversely affect property values.
Section 6:Encourage Development. The DA would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
The assurances provided to the Applicant through the proposed DA, such as vesting and timing for public improvements, would provide greater certainty and reduced risk that would encourage development as approved under the Specific Plan and the infrastructure associated with it that would serve the surrounding area.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 9
Menifee Mayor and City Council
February 19, 2025
Page
835 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
9 7
6 Section 7:The proposed DA that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.
The changes are consistent with the Cimarron Ridge Specific Plan and supported by the General Plan.
Section 8: CEQA Compliance. All impacts related to the DA and previous development approvals were analyzed in an Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 2014051029) prepared for the original project application (Tract Map No. 36658/2013-208, Parcel Map No. 36657/2013- 247, Specific Plan No. 2013-247, General Plan Amendment No. 2014-016, Zone Change No. 2014-017), which was adopted by City Council. No new environmental impacts have been identified. No further environmental review is required. The previously prepared EIR is still accurate and applicable for this approval. In addition, the Valley Boulevard missing link improvements were analyzed in a separate CEQA document adopted by the Planning Commission on October 21, 2015, (SCH No. 2014051029, October 26, 2015).
1. The EIR fully analyzed the environmental impacts of the Cimarron Ridge Specific Plan Project as it was approved in 2015; and
2. The Project will result in similar impacts as those analyzed in the EIR; and
3. Neither a subsequent or supplemental EIR is required because the review of the Project, the development agreement and the EIR shows that:
A. The proposed DA contains no substantial changes in the Cimarron Ridge Specific Plan Project requiring major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; B. No substantial changes have occurred with respect to the circumstances under which the Cimarron Ridge Specific Plan Project is undertaken which will require major revisions of the EIR; C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence, at the time the EIR was certified; and D. There are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the Cimarron Ridge Specific Plan Project but which the Project proponent declines to adopt.
4. The Valley Boulevard missing link improvements were analyzed in a separate CEQA document adopted by the Planning Commission on October 21, 2015 (SCH No. 2014051029).
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 10
Menifee Mayor and City Council
February 19, 2025
Page
836 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
9 7
6 Section 9: Adoption of the DA. The City Council find that the facts present within the public record and within this Ordinance provide the basis to approve DA Amendment No. 3 (PLN24-0213).
Section 10: Effective Date. The Ordinance shall take effect and be in full force and operation 30 days after its second reading and adoption.
Section 11: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 12: Notice of Adoption. The City Clerk is authorized and directed to cause this Ordinance to be published within 15 days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
Section 13: The documents and materials that constitute the record of proceedings on which this Ordinance has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code Section 21081.6.
THIS ORDINANCE WAS INTRODUCED AND READ on the 19 th day of February 2025 and PASSED, APPROVED AND ADOPTED this 5 th day of March 2025.
_________________________
Ricky Estrada, Mayor
Attest:
_________________________________
Stephanie Roseen, City Clerk
Approved as to form:
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 11
Menifee Mayor and City Council
February 19, 2025
Page
837 of 1056
Cimarron Ridge - DA Amendment No. 3
February 19, 2025
4 9
9 7
6 _________________________________
Jeffrey T. Melching, City Attorney
EXHIBIT A
PROPOSED THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
FOR THE CIMARRON RIDGE SPECIFIC PLAN
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 12
Menifee Mayor and City Council
February 19, 2025
Page
838 of 1056
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
Menifee, California 92586
Attn: City Clerk
Exempt from Fees Per Gov. Code § 6103
_____________________________________________________________________________ Space above this line for Recorder’s Use Only
AMENDMENT NO. 3 TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF MENIFEE
AND
CIMARRON RIDGE, LLC
REGARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT
This Amendment No. 3 to the Development Agreement by and between City of Menifee and Cimarron Ridge, LLC (the “Third Amendment”) is entered into as of the _____ day of _____, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation (“City”), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, who is the successor-in-interest to Cimarron Ridge, LLC (“Developer”), and is made with reference to the following facts and objectives:
R E C I T A L S
A. On or about June 7, 2017, the City and Cimarron Ridge, LLC entered into that certain Development Agreement By and Between City of Menifee and Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project (“Original DA”).
B. On or about May 11, 2023, the City and Cimarron Ridge, LLC entered into that certain “Minor Amendment to the Development Agreement By and Between City of Menifee and Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project” (“First Amendment”) to adjust the timing for completion of travel way improvements to Goetz Road from Thorton to White Quartz, and to White Quartz from Thorton to Goetz Road; C. On or about July 16, 2021, Developer became the successor in interest to the rights and obligations of Cimarron Ridge, LLC under the Original DA, as revised by the First Amendment. The Parties contemplate that an assignment and assumption agreement in the form Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 13
Menifee Mayor and City Council
February 19, 2025
Page
839 of 1056
2 attached as Exhibit C to the Original DA will be reviewed and acted upon concurrent with the City’s review and action on this Third Amendment.
D. On or about May, 2024, the City and Developer entered into that certain Amendment No. 2 to the Development Agreement by and between City of Menifee and Cimarron Ridge, LLC (the “Second Amendment”), which accompanied a Specific Plan Amendment, which together revised the Project Approvals (as that term is defined in the Original DA) to develop Planning Areas 5 and 6 (as defined in the Cimarron Ridge Specific Plan No. 2013-247) as a private and gated age-restricted, active adult community with certain private recreational amenities, and to relocate the public neighborhood park from Planning Area 5 to Planning Area 4 (each as defined in the Cimarron Ridge Specific Plan No. 2013-247), and to revise the phasing plan for the timing and sequencing of developing the remaining Planning Areas as defined in the Cimarron Ridge Specific Plan No. 2013-247 so that they can proceed concurrently (collectively, the “2024 Specific Plan Amendment”).
E. Prior to and continuing after City approval of the 2024 Specific Plan Amendment, Developer has encountered substantial delays outside of its control, and as a result, Developer has requested that the City agree to (1) allow up to twenty (20) home occupancies in Planning Area 6 prior to completion of the McLaughlin Road improvements, and (2) increase the number of building permits in the Project that may be issued prior to completion of the Sports Park 4 from four hundred eighty-five (485) permits to six hundred thirty-five (635) permits. The City desires to accommodate Developer’s request to facilitate the continued successful development of the Project and provision of additional housing in the City, and therefore, the parties now desire to amend the Original DA (as already amended by the First Amendment and Second Amendment) as set forth in this Third Amendment;
In consideration of the foregoing and pursuant to Section 6.1 of the Development Agreement, the Development Agreement is hereby further amended as follows:
AGREEMENT
1.Use of Capitalized Terms. Unless otherwise defined herein, capitalized terms used in this Third Amendment shall have the meaning assigned to such terms in the Original DA.
2.“Agreement” References. Unless the context requires otherwise, references to the “Agreement” or the “Development Agreement” in this Third Amendment shall mean and refer to the Original DA as amended by the First Amendment, Second Amendment, and this Third Amendment.
3.McLaughlin Road Improvements. Developer may obtain from City up to twenty (20) certificates of occupancy in Planning Area 6 prior to completion of the McLaughlin Road improvements so long as, in the reasonable judgment of the City Engineer or their designee, Developer is continuing to use commercially reasonable efforts to complete said improvements as soon as reasonably feasible.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 14
Menifee Mayor and City Council
February 19, 2025
Page
840 of 1056
3 4.Revisions to Section 4.15.1(b). Section 4.15.1(b) of the Development Agreement is amended to read in its entirety as follows:
(b) Construction of Sports Park. Prior to issuance of building permits for the first residential unit in Planning Areas 4, 5, 6 or 7, Developer shall submit park improvement plans for the Sports Park, consistent with the conceptual Sports Park plans approved by the City Council on or about April 3, 2024. Within 60 days following final City approval of all required plans and permits for the Sports Park, Developer shall commence construction of the Sports Park and shall thereafter diligently pursue completion thereof, with substantial completion and opening of for public use occurring no later than the earlier of (i) twelve months following commencement of construction (ii) June 1, 2026, and (iii) issuance of the six hundred thirty-fifth (635 th) building permit within the Project overall. As a condition precedent to this Third Amendment taking effect, Developer shall provide City with a completion bond in a form acceptable to the City and in the full amount of the estimated cost of constructing the Sports Park, as well as a construction schedule for the Sports Park, The bond shall be callable if, among other reasons, Developer fails to meet the construction schedule deadlines; provided, however, that (i) the parties shall reasonably and in good faith consider modifications to the construction schedule where required due to factors beyond Developer’s reasonable control; and (ii) the Sports Park shall in no event be completed later than the issuance of the six hundred thirty-fifth (635 th) building permit within the Project overall. Notwithstanding the foregoing, the City Manager or designee is authorized to approve delays in the Sports Park construction schedule and issue additional building permits beyond the six hundred thirty-fifth (635 th) permit threshold specified herein in the event the City has not given final approval of the Park Plans by February 1, 2025, or in the event Developer encounters substantial delays in the procurement of required materials or other Excused Delays. Upon completion of the Sports Park in substantial conformance with the approved park improvement plans, City shall promptly accept the Sports Park and release the security described herein.
5. Supplemental Public Benefit. Prior to December 31, 2025, Developer shall complete or cause the completion of the construction of a seven hundred thirty (730) foot long section of Valley Boulevard from just south of Chambers Avenue to connect to McCall Boulevard (referred to as the “Missing Link” in Section 3.1 of the Original DA) (“Valley Blvd.
Improvement”). The Valley Blvd. Improvement shall be constructed in an interim configuration and shall include a thirty-two (32) foot wide roadway section to match the current roadway south of McCall Blvd., with eight inch (8”) asphalt concrete berms on each side of the roadway. No sidewalks shall be constructed in connection with the Valley Blvd. Improvement. To facilitate the improvement, the City will acquire the necessary right of way. City shall extend the December 31, 2025 deadline for completion of the Valley Blvd. Improvement for a reasonable period of time (as determined by the City in its reasonable discretion) if the City encounters unreasonable delays in acquiring the necessary right of way to facilitate the construction of the Valley Blvd.
Improvement. As a condition precedent to this Third Amendment taking effect, Developer shall provide City with a completion bond in a form acceptable to the City and in the full amount of the Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 15
Menifee Mayor and City Council
February 19, 2025
Page
841 of 1056
4 estimated cost of constructing the Valley Blvd. Improvement, as well as a construction schedule for the Valley Blvd. Improvement. The bond shall be callable if, among other reasons, Developer fails to meet the construction schedule deadlines; provided, however, that the parties shall reasonably and in good faith consider modifications to the construction schedule where required due to factors beyond Developer’s reasonable control (including, without limitation, the City’s acquisition of necessary right of way to facilitate the construction of the Valley Blvd.
Improvement). Upon completion of the Valley Blvd. Improvement in substantial conformance with the approved plans, City shall promptly accept the Valley Blvd. Improvement and release the security described herein.
a. In Lieu Community Benefit. If the City notifies Developer in writing that City has determined in City’s reasonable discretion that, after diligent efforts, City cannot acquire the right of way necessary to facilitate the construction of the Valley Blvd. Improvement in a reasonable time and for a reasonable price (“Non-Acquisition Determination Notice”), then within 30 days following City’s issuance of a Non-Acquisition Determination Notice, Developer shall provide City with a community benefit payment of three hundred thousand dollars ($300,000) (“In Lieu Community Benefit”). Upon the City’s receipt of the In Lieu Community Benefit, Developer shall be released of its obligation to complete the Valley Blvd. Improvement. As a condition precedent to this Third Amendment taking effect Developer shall provide City with security in a form acceptable to the City in the full amount of In Lieu Community Benefit.
The City shall have the right to access the Security if, among other reasons, Developer fails to provide the In Lieu Community Benefit to the City within 30 days following City’s issuance of a Non-Acquisition Determination Notice.
6.Cooperation; Further Acts. Each party agrees to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Third Amendment.
Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Third Amendment.
7.Integration; Interpretation; Recordation. The Original DA, the First Amendment, the Second Amendment, and this Third Amendment reflect the complete understanding of the parties with respect to the subject matter thereof. To the extent this Third Amendment conflicts with the Original DA, the First Amendment, the Second Amendment or any prior interpretation thereof, this Third Amendment supersedes the Original DA, the First Amendment, the Second Amendment, and any prior interpretations thereof. In all other respects, the parties hereto re-affirm and ratify all other provisions of the Original DA, the First Amendment, and the Second Amendment. This Third Amendment shall be duly recorded following its full execution.
8.Counterparts. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 16
Menifee Mayor and City Council
February 19, 2025
Page
842 of 1056
5 9.Authority. The person or persons executing this Third Amendment on behalf of the City and Developer warrant and represent that they have the authority to execute this Third Amendment and the authority to bind the City and Developer, as applicable, to the performance of their respective obligations hereunder.
IN WITNESS WHEREOF, the City and the Developer have signed this Third Amendment, by and through the signatures of their authorized representatives as of the day and year first hereinabove written.
CITY OF MENIFEE,
a California municipal corporation
By:____________________________
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jeffrey Melching, Esq.
Rutan & Tucker, LLP,
City Attorney
PULTE HOME COMPANY, LLC,
a Michigan Limited Liability Company
By:_______________________________________
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 17
Menifee Mayor and City Council
February 19, 2025
Page
843 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 18
Menifee Mayor and City Council
February 19, 2025
Page
844 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 19
Menifee Mayor and City Council
February 19, 2025
Page
845 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 20
Menifee Mayor and City Council
February 19, 2025
Page
846 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 21
Menifee Mayor and City Council
February 19, 2025
Page
847 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 22
Menifee Mayor and City Council
February 19, 2025
Page
848 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 23
Menifee Mayor and City Council
February 19, 2025
Page
849 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 24
Menifee Mayor and City Council
February 19, 2025
Page
850 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 25
Menifee Mayor and City Council
February 19, 2025
Page
851 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 26
Menifee Mayor and City Council
February 19, 2025
Page
852 of 1056
WHON R"ECORDED MAIL TO:
ra,!: clw oF MENIFEE
298MH N ROAD
MENIFEE cA 92586
(TX'CUME}'I WLL ONLY DE I!II,.RI{ED TO NAME & ADDi!5S IDENTITIED (SPACE ABOVE FOR RECORDER'S USE)Reclded tor the benefft of the City ol Menifee and exempt fom recording fees
DuBUanl to Govemmenl Seclion 27383
(DOCUMENTTITLE)
MINOR DEVELOPMENT AGREEMENT AMENDMENT
by and between
CITY OF MENIFEE
and
CIMARRON RIDGE, LLC
REGARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT
Effective Date:
' May 11,2023
SIiPARATE PAGE, PURSUANT TO CA, GOV'T, CODE 2736I,6
RECORDING RSOUESTED BY
**". COMMUNIry DEVELOPMENT DEPT.
DOC # 2023-0135885
0511212023 08.00 AlVl Fees: $0.00
Page '1 of I
Recorded in Off c al Records
County of Riverside
Peter A dana
Assessor-County Clerk-Recorder
"This document was eleclronrcally submitted
to lhe County of Riverside for recordinq"
Receipled by CRISTINA #7700
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 27
Menifee Mayor and City Council
February 19, 2025
Page
853 of 1056
DOC #2023-0135885 Page 2 of 8
MENIFEE
Nevv. Better. Best.
29444 Hnun Fld. Mcnllco CA. 92546
(9511 672-677-1 I Fdx (9s1) 679-3843
cityorrtlenifee.us
DATE: May 11,2023
Stephanie Roseen, Acling City Clerk
Cheryl Kitzerow, Community Development Director
Desiree McGriff, Associate Planner
Mlnor Amendment to th6 Development Agreement (2014-002) for Road lmprovement - Cimarron Ridge TR 36658
D*crlotlon of Road lmotovement Aoreement-
The Minor Agreement is to amend the Development Agreement (2014-002) TR36658 (Cimanon Ridge) and is attachod for the City Manager, City Clerk, and City Attomey's signatures, and is required to be recorded electronically to the Riverside County Assessor Clerk Recorde/s offlce.
The Agreement stipulates lhal the developer seeks transfer of timing for completion of travel way improvements of Goetz Road, from Thomton Avenue to White Quartz. Please see the attached Minor Amendment Agreement signed by Cimanon Ridge, LLC.
Please return a PDF copy of the Fully Executod Agreomcnts to D8iree Mccrlff at dmcqriff@citvof menifee.us.
Thank you,
Desiree McGriff, Associate Planner
Enc:
Minor Amendment Agreement
Pulte Memorandum
Copy of Exhibit A
FROM:
RE
TO:
CG:
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 28
Menifee Mayor and City Council
February 19, 2025
Page
854 of 1056
THIS MINOR AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MENIFEE AND CIMARRON RIDCE. LLC RECARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT ("Minor Amendment") is made and effective as of S./tt./ 23 ("Effective Date") by the City of Menifee, a municipal corporation of the State of Califomia ("City") and Cimarron Ridge, LLC, a Califomia limited liability company ("Developer"). City and Developer are collectively referred to herein as the "Parties" and individually as a "Party."
RECITALS
A. City and Developer entered into a Development Agreement By And Between City Of Menifee and Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project on June 7, 201 7, ("Agreement").
B. On February 26,2023, Developer submitted a letter ("Request"). Attached as Exhibit A herein, to the City to formally request a change to the plan schedule in the Agreement. The Request includes a map adjusting the timing ofthe development ofthe above-mentioned roads.
C. Section 6.2.3. Administrative Adjustments of the Agreement authorizes the City Manager to, in his discretion. enter into Administrative Adjustments, including Minor Amendments.
Minor Amendments include "variations to the location of structures that do not substantially alter the design concepts of the Specific Plan," "variations in the location of utilities or other infrastructure connections or facilities not materially affecting design concepts," or "similar modifi cations."
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows:
Section l. Developer seeks to transfer the timing for completion of travel way improvements of Coetz Road from Thomton to White Quartz. In lieu of improving this segment of Goetz Road with the Tract 36658-2. White Quartz would be completed from Thomton to Coetz Road as an alternative north/south connection. Developer indicates that this would allow for the safe transition of public improvements to be completed. The map shown in Exhibit A and the schedule of building are incorporated herein.
Section 2. The City Manager is authorized to approve this Minor Amendment and does so in accordance with Section 6.2.3 ofthe Agreement.
CITY OF MENIFEE AND CIMARRON RIDCE. LLC MINOR
AMENDMENT TO CIMARRON RIDCE DEVELOPMENT
AGREEMENT ENTERED INTO JUNE 7,2017. TO CHANGE
PLAN SCHEDULE FOR CERTAIN STREET SEGMENT
IMPROVEMENTS
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 29
Menifee Mayor and City Council
February 19, 2025
Page
855 of 1056
*City"
City of Menifee. a municipal corporation
City Manager
ATTEST
City Clerk
APPROVED AS TO FORM
RI]]'AN & TIJCKER, LLP
"Developer"
Cimarron Ridge, LLC. a California limited
I iab ili mpan.v
Ilv
Its:
By:
Its:
DARREN WARREN----------VTEEI'6sft,6m8ftf-
Acquisitions & Devolopmont
City Attorney
Section 3. No other provisions, sections, or terms of the Agreement are altered, amended, or changed other than that described above involving the timing complete of travel way improvements of Coetz Road from Thornton to White Quartz/Valley.
Section 4. The individuals executing this Minor Amendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalf ofthe respective legal entity of Developer and the City.
Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original. but all of which together shall constitute the same instrument.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 30
Menifee Mayor and City Council
February 19, 2025
Page
856 of 1056
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
on MAY 10,2023 before me. TAYLOR COLLEEN BLOCK, NOTARY PUBLIC (insert name and title of the office0
personally appeared DARREN WARREN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€) islar€ subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisA€#the+r authorized capacity(ies), and that by his/h€#thei+ signature(sfon the instrument the person{€), or the entity upon behalf of which the persone acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
1 ldR\ T^yLoR cotLtEx OCr
w;rtilii:i*til*
,
Signature (Seal)
\
WITNESS my hand and official seal.
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 31
Menifee Mayor and City Council
February 19, 2025
Page
857 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 32
Menifee Mayor and City Council
February 19, 2025
Page
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Section 3. No other provisions, sections. or terms of the Agreement are altered. amended. or changed other than that described above involving the timing complete of travel way improvements of Goetz Road from Thomton to White Quart/Valley.
Section 4. The individuals executing this MinorAmendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalfofthe respective legal entity of Developer and the City.
Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.
"Cify"
City of Menifee, a municipal corporation
City Manager
ATTEST
City Cl
APPROVED AS TO FORM
RtITAN &'l'LlCKt1R. LLP
"Developer"
Cimarron Ridge, LLC, a California limited
liability company
By:
Its:
By:
lts:
&eY* P
P Ld--.o vrd lrY Levetqu*'*:;f'
A /|,,t.'L
C it) Attornev
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 33
Menifee Mayor and City Council
February 19, 2025
Page
859 of 1056
Gulte
City of Menifee
29844 Haun Rd
Menifee, CA
Attention: Cheryl Kitzerow
Re: Cimmaron Ridge Minor Mod/amendment
2126/23
Please Iind this letter as the formal request to memorialize the ctrange to the cimmaronRidge Improvement plan schedure, pei th" sp"cifi" ptun-u,,a tne aei"lop-"ni - -----" agreement.
This change is to transfer the timing compretion of traver way impmvements of Goetz .ll,TlT-:"n to White euartz/Valley. The transfer ttrenlacknowtedg"s tt " o"*umrng ro complete the ravel way improvements from Thomton and thei up White Quartz to the new Valley/Goetz Rd.
This allows for the safe transition of public improvements to be completed.
Please see the attached colored improvement schedule of improvements.
Also please no& that the invoice attached herein is also paid.
Thank or vour help
'7?^,!
J Ford
Pulte Home Co. LLC
27401 Los Altos, Suite 400 , Mission Viejo, CA 92691
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 34
Menifee Mayor and City Council
February 19, 2025
Page
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TRACT 36658
CIMARRON RIDGE
IMPLEMENTING FACILITIES EXHIBITA
It
rl
r
a
LfoE t0
I
-t<TaT.::il
@
tvPLEt/ENnNe rAqUnES
D RAFT EtilkanENO ' NEE',A
offite_ -
-rs
ffi
il;
tlnLIjEl
\r .;,
r
I
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 35
Menifee Mayor and City Council
February 19, 2025
Page
861 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 36
Menifee Mayor and City Council
February 19, 2025
Page
862 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 37
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 38
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 39
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 40
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 41
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 42
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 43
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 44
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 45
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 46
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 47
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 48
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 49
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 50
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 51
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 52
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 53
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February 19, 2025
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Item Title: 11.1
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First
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an
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Regarding
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Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 54
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February 19, 2025
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Item Title: 11.1
Introduction
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First
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an
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Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 55
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February 19, 2025
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Item Title: 11.1
Introduction
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First
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an
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Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 56
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February 19, 2025
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Item Title: 11.1
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Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 57
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February 19, 2025
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Item Title: 11.1
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First
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Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 58
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February 19, 2025
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Item Title: 11.1
Introduction
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First
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Regarding
the
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Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 59
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February 19, 2025
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Item Title: 11.1
Introduction
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Regarding
the
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Agreement
Amendment
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Cimarron
Ridge
Specific Plan
Item Page Number: 60
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February 19, 2025
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Item Title: 11.1
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Regarding
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Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 61
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February 19, 2025
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Item Title: 11.1
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Regarding
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Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 62
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February 19, 2025
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Item Title: 11.1
Introduction
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Regarding
the
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Agreement
Amendment
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Cimarron
Ridge
Specific Plan
Item Page Number: 63
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February 19, 2025
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Item Title: 11.1
Introduction
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First
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Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 64
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February 19, 2025
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Item Title: 11.1
Introduction
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First
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Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 65
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February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 66
Menifee Mayor and City Council
February 19, 2025
Page
892 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 67
Menifee Mayor and City Council
February 19, 2025
Page
893 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 68
Menifee Mayor and City Council
February 19, 2025
Page
894 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 69
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
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the
Development
Agreement
Amendment
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Cimarron
Ridge
Specific Plan
Item Page Number: 70
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
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Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 71
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
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Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 72
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
and
First
Reading
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an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 73
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 74
Menifee Mayor and City Council
February 19, 2025
Page
900 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 75
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 76
Menifee Mayor and City Council
February 19, 2025
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902 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 77
Menifee Mayor and City Council
February 19, 2025
Page
903 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 78
Menifee Mayor and City Council
February 19, 2025
Page
904 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 79
Menifee Mayor and City Council
February 19, 2025
Page
905 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 80
Menifee Mayor and City Council
February 19, 2025
Page
906 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 81
Menifee Mayor and City Council
February 19, 2025
Page
907 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 82
Menifee Mayor and City Council
February 19, 2025
Page
908 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 83
Menifee Mayor and City Council
February 19, 2025
Page
909 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 84
Menifee Mayor and City Council
February 19, 2025
Page
910 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 85
Menifee Mayor and City Council
February 19, 2025
Page
911 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 86
Menifee Mayor and City Council
February 19, 2025
Page
912 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 87
Menifee Mayor and City Council
February 19, 2025
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913 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 88
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
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an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 89
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 90
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 91
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 92
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 93
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
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an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 94
Menifee Mayor and City Council
February 19, 2025
Page
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 95
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
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First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 96
Menifee Mayor and City Council
February 19, 2025
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Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 97
Menifee Mayor and City Council
February 19, 2025
Page
923 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 98
Menifee Mayor and City Council
February 19, 2025
Page
924 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 99
Menifee Mayor and City Council
February 19, 2025
Page
925 of 1056
Item Title: 11.1
Introduction
and
First
Reading
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 100
Menifee Mayor and City Council
February 19, 2025
Page
926 of 1056
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Establishing Regulations for Electric Bicycles, Electric Scooters, and Electric Skateboards
MEETING DATE: February 19, 2025
TO: Mayor and City Council
PREPARED BY: Denise Keith, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance adding Chapter 12.30 to Title 12 of the Menifee Municipal Code establishing regulations for electric bicycles, electric scooters, and electric skateboards.
DISCUSSION
The City of Menifee is proposing the adoption of an ordinance which would add Chapter 12.30 to Title 12 of the Menifee Municipal Code. This ordinance aims to regulate bicycles, electric bicycles (“E-Bikes”), electric scooters (“E-Scooters”), and electric skateboards (“E-Skateboards”) (collectively referred to as “E-Conveyances”), in response to increasing safety concerns. Over the last couple of years, the City has experienced a rise in the number of E- Conveyances operating on City streets and bike paths. The City continues to receive concerned messages and complaints from residents regarding these devices. Common concerns include a lack of helmets by E- Conveyance operators, reckless speeds, inattention, carrying too many passengers, and the increased potential for collisions due to use on sidewalks and roadways. The proposed ordinance establishes operational rules, safety requirements, penalties, and enforcement measures to improve public safety and address the risks associated with E-Conveyance use in the community.
Prior to preparing this ordinance, the Menifee Police Department thoroughly researched local regulations pertaining to E-Conveyances and contacted other neighboring jurisdictions. Staff found that multiple jurisdictions throughout Southern California were either in the process of implementing similar ordinances, had already adopted them, or were amending existing ordinances to improve safety for their communities and to address the rising concerns related to E-Conveyances. These findings assisted in the development of the proposed ordinance, ensuring alignment with regional safety efforts and incorporating best practices.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 1
Menifee Mayor and City Council
February 19, 2025
Page
927 of 1056
City of Menifee Staff Report
E-Conveyances Ordinance Introduction
February 19, 2025
2 5
2 2
E-Conveyance-related incidents have risen sharply in recent years in the City of Menifee. In 2023, there were six reported E-Bike collisions in Menifee. By 2024, this number had substantially increased to sixteen reported collisions. Injuries associated with these collisions range from complaint of pain to severe injury. This represents an alarming increase in reported collisions between 2023 and 2024, highlighting the urgent need for expansive and improved safety regulations.
The proposed ordinance introduces several key provisions to ensure the safe and responsible operation of bicycles and E-Conveyances. Riders would be required to comply with all traffic laws and traffic-control devices, including stop signs and traffic signals. Helmets would be mandatory for riders under the age of 18, and the use of headphones, earbuds, or other similar audio devices while operating E-Conveyances would be prohibited, ensuring riders could maintain focus and attentiveness. E-Conveyances must also be equipped with essential safety features, such as a front-facing white light for night riding, as well as reflectors on both wheels and the rear of all bicycles and E-bikes. Riders would be required to park responsibly, avoiding obstructions on sidewalks or public rights-of-way, and utilize designated parking areas. Additionally, riders would be required to stay as close as practicable to the right-hand curb or utilize designated bike lanes.
The ordinance would prohibit operating bicycles or E-Conveyances with more passengers than the device is designed to carry, directly addressing safety concerns related to instability caused by overloading. Riders are restricted from operating bicycles or E-Conveyances at speeds greater than what is reasonable and prudent under the conditions and must avoid endangering people or property. Operators would be prohibited from traveling over 20 miles per hour on public highways, trails, paths, parks, or other public property within the City. The ordinance would make it unlawful to tamper with or modify an E-bike to increase its speed capability without appropriately replacing the classification label. Operating a modified E-bike that exceeds 28 miles per hour on roadways, sidewalks, trails, or public property would be strictly prohibited. The ordinance also addresses sidewalk and path usage and would allow riding unless explicitly prohibited by posted signage, with an emphasis on yielding to pedestrians. Engaging in unsafe actions or reckless behavior is strictly prohibited.
Violations of these provisions would be classified as infractions and would be punishable by fines of up to $500. Additionally, the ordinance may also be enforced through administrative or civil actions as authorized by the Municipal Code. These penalties align with California Vehicle Code standards, ensuring consistent enforcement across the City. These measures collectively aim to enhance public safety, reduce risks to riders and pedestrians, and ensure the responsible use of bicycles and E-Conveyances throughout the City.
To further complement enforcement efforts, the Menifee Police Department is collaborating with local schools and stakeholders, including the Menifee, Romoland, and Perris Union School Districts to implement training and education programs. A central element of this initiative is the California Highway Patrol’s (CHP) online E-Bike safety and training program, launched in response to Assembly Bill 1946. Effective January 1, 2023, the bill required CHP to develop a training platform that provides safety information, emergency maneuver skills, rules of the road, and laws pertaining to E-Bikes. The training program features interactive tutorials, videos, quizzes, and an easy-to-follow format, ensuring it is both engaging and practical. Designed to Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
928 of 1056
City of Menifee Staff Report
E-Conveyances Ordinance Introduction
February 19, 2025
2 5
2 2
promote safe riding practices for commuters and recreational cyclists alike, the program is accessible directly on the CHP’s website.
To enhance the accessibility of this program, the Menifee Police Department is creating educational resources on their website, including a direct link to the CHP’s training platform.
Additionally, the Police Department is collaborating with our schools to integrate the training into school safety initiatives. Students who complete the online certification would receive a certificate, which schools may use to distribute stickers as proof of completion. These stickers could be affixed to E-Bikes or regular bicycles, serving as visible confirmation that the student has received proper safety training.
The program also addresses traditional bicycle safety, ensuring that students who ride regular bicycles benefit from the same safety education. To further reinforce these efforts, the Menifee Police Department’s traffic unit is partnering with schools to deliver safety presentations at schools. These presentations would supplement, but not replace, the online training requirement and would provide additional guidance on safe riding practices and traffic rules.
In addition to collaborating with schools, the Menifee Police Department will engage with school districts, parents, and teachers through open forums and discussions. These forums provide an opportunity to educate stakeholders, address concerns, and gather feedback about E-Bike safety and the implementation of the ordinance. By fostering open dialogue, the Department aims to build community support, ensure a shared understanding of safety requirements, and address any challenges in real time.
This ordinance aligns with the California Environmental Quality Act (“CEQA”), as it will not result in any physical changes to the environment. In conjunction with education and outreach efforts, the ordinance would establish a comprehensive framework for safer operations of bicycles and E-Conveyances, helping to reduce collisions, enhance public safety, and address the alarming rise in vehicle versus E-Bike collisions in Menifee.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no immediate fiscal impact associated with the recommended action. Other outreach and enforcement efforts can be achieved within the existing budget.
ATTACHMENTS
1. Ordinance
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 3
Menifee Mayor and City Council
February 19, 2025
Page
929 of 1056
4 9
9 6
1 ORDINANCE NO. 2025-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING CHAPTER 12.30 TO TITLE 12 OF THE MENIFEE
MUNICIPAL CODE RELATING TO BICYCLES, ELECTRIC BICYCLES, ELECTRIC
SCOOTERS AND ELECTRIC SKATEBOARDS
WHEREAS, electric bicycles, electric scooters, and electric skateboards (collectively, “E- Conveyances”) are an ever-growing public safety concern. With the increasing popularity and usage of E-Conveyances, traffic accidents involving individuals operating E-Conveyances and motor vehicles have greatly increased, necessitating rules and regulations applicable to these devices to ensure a safer community; and
WHEREAS, individuals involved in E-Conveyance traffic accidents tend to suffer more serious injuries when compared to traditional bicycle accidents; and WHEREAS, collisions involving E-Conveyances and motor vehicles result in greater damage to all vehicles and property involved; and
WHEREAS, the Menifee Police Department has seen a significant increase in calls and incidents related to collisions involving E-Conveyances, which more often than not result in serious injuries to persons and property; and
WHEREAS, in order to adequately protect the community from the dangers inherent in operating E-Conveyances, the City Council desires to add Chapter 12.30 to Title 12 of the Menifee Municipal Code, establishing regulations for Bicycles, Electric Bicycles (“E-Bikes”), Electric Scooters (“E-Scooters”), and Electric Skateboards (“E-Skateboards”), including violations, penalties, and enforcement for same; and
WHEREAS, on February 19, 2025, the City Council held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning the proposed ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Chapter 12.30, as shown in Exhibit A, is hereby added to Title 12 of the Menifee Municipal Code.
Section 2. This Ordinance shall take effect thirty (30) days after its adoption.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 4
Menifee Mayor and City Council
February 19, 2025
Page
930 of 1056
4 9
9 6
1 Section 4. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause to be published as required by law.
This Ordinance was introduced and read on the 19th day of February, 2025, and PASSED, APPROVED, AND ADOPTED, this 5th day of March, 2025.
Ricky Estrada, Mayor
ATTEST:
Stephanie Roseen, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 5
Menifee Mayor and City Council
February 19, 2025
Page
931 of 1056
4 9
9 6
1 EXHIBIT A
TITLE 12
CHAPTER 12.30
BICYCLES, E-BIKES, E-SCOOTERS, AND E-SKATEBOARDS
Sections:
12.30.010 Purpose and Intent
12.30.020 Definitions
12.30.030 Enforcement
12.30.040 Applicability of Traffic Laws
12.30.050 Obedience to Traffic-Control Devices
12.30.060 Use of Headphones or Earbuds
12.30.070 Helmets
12.30.080 Lights and Reflectors
12.30.090 Method of Riding; Number of Riders
12.30.100 Riding on Roadway and Bicycle Lanes
12.30.110 Speed
12.30.120 Emerging From, Entering Alley, Driveway, Bicycle Path, Etc.
12.30.130 Leaving Bicycle Lane
12.30.140 Parking
12.30.150 Riding on Sidewalks, Playgrounds, Etc.
12.30.160 Equipment
12.30.170 Establishment
12.30.180 Designation
12.30.190 Use of Streets Restricted
12.30.200 Motor Vehicle Usage
§ 12.30.010 PURPOSE AND INTENT.
This division shall apply to the use of bicycles and E-Conveyances (as those terms are defined below), in conformity with State law, and shall apply to any bicycle or E-Conveyance operated upon any street or sidewalk, public property, or upon any public path set aside for the use of bicycles or E-Conveyances within the City’s jurisdiction. The provisions contained herein are enacted pursuant to Vehicle Code Division 16.7 (Vehicle Code § 39000 et seq. ), and any rules and regulations adopted thereunder pertaining to the licensing of bicycles, and California Vehicle Code § 21206 pertaining to the regulation of the operation, use and equipment of bicycles. This division is not intended to conflict in any way with the provisions thereof.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 6
Menifee Mayor and City Council
February 19, 2025
Page
932 of 1056
4 9
9 6
1 § 12.30.020 DEFINITIONS.
BICYCLE. Any device upon which a person may ride which is propelled by human power through a system of belts, chains or gears, and having one or more wheels. “Bike" shall mean the same as “Bicycle,” and the terms may be used interchangeably.
BICYCLE LANE. The portion of the roadway which has been separated from any vehicular lanes by a solid white line or other pavement marking or defined for bike riders by appropriate signage.
BICYCLE PATH OR BICYCLE TRAIL. A path that provides a completely separated right-of-way from vehicular traffic designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized.
BICYCLE ROUTE. A suggested route of travel for bicycle riders. A “bicycle route” may offer no physical protection to the bike rider and is normally defined for the bicycle rider only by a sign indicating “bike route," which defines a suggested route of a bicycle system and provides a certain awareness for the motorist that bicycle riders are sharing the roadway.
E-CONVEYANCE. Includes any Electric Bicycle, Electric Scooter, Electric Skateboard, or other device propelled by an electric motor and designed to transport 1 or more people.
ELECTRIC BICYCLE. An electric bicycle, or "E-Bike”, which is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:
(1) Class 1 – an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
(2) Class 2 – an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.
(3) Class 3 - an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour and is equipped with a speedometer.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 7
Menifee Mayor and City Council
February 19, 2025
Page
933 of 1056
4 9
9 6
1 ELECTRIC SCOOTER OR E-SCOOTER. A two or three-wheeled device that has handlebars, a floorboard that is designed to be stood on while riding and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride, and may also be designed to be powered by human propulsion.
ELECTRIC SKATEBOARD OR E-SKATEBOARD. A four-wheeled device that has a floorboard that is designed to be stood on while riding and is powered by an electric motor.
HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
MOTORIZED BICYCLE. Any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
§ 12.30.030 ENFORCEMENT.
(A) Parental responsibility. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this Chapter.
(B) Penalty for violations. Every person violating any provisions of this Chapter shall be subject to the penalties provided for in Chapter 1.01 of the Municipal Code of the Menifee Municipal Code.
(C) Infraction, fines, and penalties. Any person who violates this chapter is guilty of an infraction and punishable by a fine as set forth in § 1.01.200 of the Menifee Municipal Code. This chapter may also be enforced via administrative or civil actions as authorized by § 1.01.200 of the Menifee Municipal Code.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 8
Menifee Mayor and City Council
February 19, 2025
Page
934 of 1056
4 9
9 6
1 (D) An electric bike shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). (2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or deactivated, will cause the electric motor to disengage or cease to function.
(3) A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the device, unless he or she appropriately replaces the label indicating the appropriate classification. It shall be unlawful to operate an electric bicycle which has been modified to exceed 28 miles per hour upon any roadway, sidewalks, trail, paths or other public property within the City. § 12.30.040 APPLICABILITY OF TRAFFIC LAWS.
Every person riding a bicycle or E-Conveyance upon a street or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State pertaining to the rules of the road, or by the terms of this code or other ordinances of this City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application to bicycles or E-Conveyances, and except as otherwise provided in this Chapter.
§ 12.30.050 OBEDIENCE TO TRAFFIC-CONTROL DEVICES.
It shall be unlawful for any person operating a bicycle or E-Conveyance to fail to obey the instructions of official traffic-control signs and other traffic-control devices applicable to vehicles or bicycles, unless otherwise directed by a police officer.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 9
Menifee Mayor and City Council
February 19, 2025
Page
935 of 1056
4 9
9 6
1 § 12.30.060 USE OF HEADPHONES OR EARBUDS.
It shall be unlawful for any person to operate a bicycle or E-Conveyance while wearing headphones, earbuds or any other device which obstructs and/or covers any portion of the ear canal.
§ 12.30.070 HELMETS.
(A) Any person under the age of 18 years old must wear a properly fitted and fastened bicycle helmet when riding any bicycle or E-Conveyance on a public roadway, bikeway, bicycle path, bicycle trail, or bicycle route within the City, regardless of E-bike class. (B) All people operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.
(C) Any person under the age of 16 years old shall not operate a Class 3 electric bicycle. § 12.30.080 LIGHTS AND REFLECTORS.
No person shall operate a bicycle or E-Conveyance after sunset without a front facing white light.
All bicycles and e-bikes shall have reflectors on both wheels and on the rear of the bike or e-bike. § 12.30.090 METHOD OF RIDING; NUMBER OF RIDERS.
No person operating a bicycle or E-Conveyance shall allow more persons at one time than the number for which the bicycle or E-Conveyance is designed and equipped. § 12.30.100 RIDING ON ROADWAYS AND BICYCLE LANES.
(A) Any person operating a bicycle or E-Conveyance upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb, edge of the roadway, or bike lane, except under any of the following situations:
(1) When overtaking and passing another bicycle, E-Conveyance or vehicle proceeding in the same direction.
(2) When preparing for a left turn at an intersection or onto a private road or driveway.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 10
Menifee Mayor and City Council
February 19, 2025
Page
936 of 1056
4 9
9 6
1 (3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. (Note: “Substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.) (B) Any person operating a bicycle or E-Conveyance upon a roadway or a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable. (C) Persons riding bicycles or E-Conveyances upon a roadway or bike lane shall not ride more than two abreast.
§ 12.30.110 SPEED.
No person shall operate a bicycle or E-Conveyance at a speed greater than is reasonable and prudent under the existing conditions, and in no event at a speed which endangers the safety of persons or property. No bicycle or E-Conveyance operator shall travel over 20 miles per hour on a public highway, trail, path, park or other public property within the City. § 12.30.120 EMERGING FROM, ENTERING ALLEY, DRIVEWAY, BICYCLE PATH, ETC.
The operator of a bicycle or E-Conveyance emerging from an alley, driveway, bicycle path, building or otherwise approaching a sidewalk or sidewalk area shall yield the right-of-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a bicycle lane or roadway, shall yield the right-of-way to all vehicles or bicycles on the roadway. § 12.30.130 LEAVING BICYCLE LANE.
(A) Whenever a bicycle lane has been established, any person operating a bicycle or E- Conveyance upon the roadway at a speed of less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 11
Menifee Mayor and City Council
February 19, 2025
Page
937 of 1056
4 9
9 6
1 (1) When overtaking and passing another bicycle, vehicle, E-Conveyance or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.
(2) When preparing for a left turn at an intersection or onto a private road or driveway. (3) When it is reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
(4) When approaching a place where a right turn is authorized. (B) No person operating a bicycle or E-Conveyance within a bicycle lane shall leave such lane until movement can be made with reasonable safety, and then only after giving the appropriate signal in the manner provided in Vehicle Code Division11, Chapter 6 (Vehicle Code § 22100 et seq.) in the event that any vehicle may be affected by the movement. § 12.30.140 PARKING.
No person shall leave a bicycle or E-Conveyance lying on its side on any sidewalk, nor park a bicycle or E-Conveyance upon the public right-of-way, or against a building or at a curb, except in such a manner as to afford the least obstruction to pedestrian traffic. Where appropriate signs are posted, no person shall park a bicycle or E-Conveyance on a public highway in the area designated by those signs.
§ 12.30.150 RIDING ON SIDEWALKS, PLAYGROUNDS, ETC.
(A) Riding bicycles and E-Conveyances on any sidewalk, bicycle path, bicycle trail, or roadway is permitted unless prohibited by appropriate signs authorized by the terms of this Chapter.
(B) Whenever any person is riding a bicycle or E-Conveyance upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right-of-way to any pedestrian or person on horseback and shall give an audible signal before overtaking and passing pedestrians.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 12
Menifee Mayor and City Council
February 19, 2025
Page
938 of 1056
4 9
9 6
1 (C) No person shall ride or operate a bicycle or E-Conveyance upon any playground, park, or school ground not specifically designated as a bicycle path or route, unless specifically posted as authorized for such use.
(D) No person shall operate a bicycle or E-Conveyance on a bicycle path or bicycle trail at a speed greater than 20 miles per hour, and in no event at a speed greater than is reasonable or prudent under the existing conditions, or at a speed which endangers the safety of persons and/or property.
(E) When posted, no person shall operate a bicycle or E-Conveyance at any City special events.
(F) The operator of a bicycle or E-Conveyance shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane. This section also applies to any sidewalk less than eight feet in width, unless there is no accompanying sidewalk on the opposite side of the street, or wherever posted signs prohibit such behavior.
(G) The operator of a bicycle or E-Conveyance shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle or E-Conveyance upon a highway other than upon or astride a separate seat attached thereto. The section does not apply to any type of bicycle or E-Conveyance with an original factory seat designed to collectively accommodate the operator and passenger. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.
§ 12.30.160 EQUIPMENT.
Every bicycle and E-Conveyance, when operated within the City, shall comply with all of the equipment requirements contained in California Vehicle Code § 21201, as well as this Chapter.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 13
Menifee Mayor and City Council
February 19, 2025
Page
939 of 1056
4 9
9 6
1 § 12.30.170 ESTABLISHMENT.
The City Council may, by resolution, establish bicycle lanes, paths or routes within the City as they determine may be required.
§ 12.30.180 DESIGNATION.
(A) The City's Director of Public Works is authorized to erect or place and maintain signs on any sidewalk or roadway prohibiting the riding of bicycles and/or E-Conveyances by any person thereon.
(B) The City's Director of Public Works is authorized to erect or place and maintain signs upon any street, or adjacent to any street in the City, indicating the existence of a bicycle path, lane or route, or otherwise regulating the operation and use of vehicles, bicycles, and E- Conveyances with respect thereto, as long as the same are consistent with this Chapter.
Where such a sign is erected, such other designation, including but not limited to appropriate painting or such other devices as the City's Director of Public Works shall determine, will provide sufficient notice of the existence of the bicycle path, lane or route.
Said signage shall conform with the provisions established by the California Manual on Uniform Traffic Control Devices.
§ 12.30.190 USE OF STREETS RESTRICTED.
Riding or operating a bicycle or E-Conveyance on any street within the City is permitted in accordance with the California Vehicle Code unless specifically prohibited by this Chapter. § 12.30.200 MOTOR VEHICLE USAGE.
No person shall operate any motorized vehicle upon any bicycle lane or path, except to park when permitted, or to enter or leave the roadway, or to prepare for a turn within a distance of 200 feet from the intersection. Nothing in this section shall be deemed or construed to prohibit any bus owned and operated by a public transportation district or other authorized transportation agencies from driving upon such bicycle lanes within 150 feet of any bus stop approved by the City. Motor vehicle parking is prohibited in bicycle lanes, provided such restriction is appropriately posted.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 14
Menifee Mayor and City Council
February 19, 2025
Page
940 of 1056
4 9
9 6
1 This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Vehicle Code § 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of persons or property.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
for
Electric
Bicycles,
Electric
Scooters,
and
Electric Skateboards
Item Page Number: 15
Menifee Mayor and City Council
February 19, 2025
Page
941 of 1056
CITY OF MENIFEE
SUBJECT: 9/11 Memorial Event or Recognition
MEETING DATE: February 19, 2025
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review information regarding past City-hosted 9/11 Memorial events and discuss potential options for a future events or recognition.
DISCUSSION
In September 2024, the City Council requested a future agenda item to consider the creation of a September 11 tribute. On September 11, 2001, four commercial airliners were hijacked in one of the deadliest terrorist attacks in United States history. Two planes struck the Twin Towers in New York City, a third hit the Pentagon in Virginia, and a fourth, diverted by passengers, crashed in a Pennsylvania field. The attacks killed 2,977 people and had lasting impacts on the nation, leading to heightened security measures, changes in government operations, and ongoing health effects for thousands.
To honor the lives lost and those affected, the City of Menifee began hosting a 9/11 Memorial Ceremony in 2019. Over the years, the event has evolved based on the involvement of planning committee partners. Table 1 below provides an overview of the Memorial’s history.
TABLE 1 – HISTORY OF 9/11 MEMORIAL EVENT
Year Elements Operational
Costs
Personnel
Costs
Total Cost
2019 City Hosted Ceremony
2 Search Lights (to resemble the Twin
Towers), Guest Speakers, Remembrance
Bags, Memorial Wreath, Refreshments
$2,500 $875 $3,375
2020 City Hosted Virtual Presentation $0 $250 $250
Item Title: 12.2
9/11 Memorial Event or Recognition
Item Page Number: 1
Menifee Mayor and City Council
February 19, 2025
Page
942 of 1056
City of Menifee Staff Report
9/11 Memorial Event or Recognition
February 19, 2025
2 5
0 4
Year Elements Operational
Costs
Personnel
Costs
Total Cost
2021 City Hosted Ceremony
2 Search Lights (to resemble the Twin
Towers), Guest Speakers, Bagpiper, Thank
You Cards for First Responders
$1,000 $750 $1,750
2022 MSJC Lead Event w/City Support - Guest
Speakers, Coasters, T-shirts, Refreshments
$700 $925 $1,625
2023 MSJC Lead Event w/City Support
9/11 Artifact from Tunnel to Towers
Foundation, Guest Speakers, Ringing of the
Bell, Framing of Flags, Live Broadcasted,
Refreshments
$2,500 $950 $3,450
Several potential options for commemorating the events of September 11, 2001, have been identified for consideration including:
•Establish an Annual 9/11 Memorial Ceremony – Establishing an annual commemorative event, either as a standalone City-led program or in partnership with local organizations, first responders, and community groups.
•Establish a 9/11 Day of Service – Encouraging community members to participate in acts of service, such as volunteering, donation drives, or beautification projects, as a way to honor the spirit of unity and resilience demonstrated in the aftermath of 9/11. •Incorporate a Memorial into a City Park or City Facility – Explore opportunities to integrate a permanent memorial at a location within the city such as a city park or facility. •Support Regional 9/11 Commemorations – Partnering with other government agencies or non-profit organizations to promote/support existing memorial events in the region.
While cities in Riverside County, such as Riverside and Norco, host annual 9/11 memorial events to honor victims and first responders, there is not a widely recognized regional initiative that the City can formally support. City staff are seeking input and direction from the City Council regarding the options presented or other alternatives for consideration/discussion.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The cost impact associated with the establishment of a 9/11 tribute would be based upon the memorial recognition program parameters.
ATTACHMENTS
None.
Item Title: 12.2
9/11 Memorial Event or Recognition
Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
943 of 1056
CITY OF MENIFEE
SUBJECT: 2024 General Plan Annual Progress Report
MEETING DATE: February 19, 2025
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1.Receive and file the General Plan Annual Progress Report (APR) for 2024 as required by state law to show progress toward implementation of General Plan Goals and Policies.
DISCUSSION
General Plan Annual Progress Report
The State of California Government Code Section 65400 requires that City and County Planning Departments provide an annual review to their legislative body, the Governor’s Office of Planning and Research (OPR), and California Department of Housing and Community Development (HCD) on the status of the City’s General Plan and progress. The report highlights completed areas of the General Plan and future priorities and amendments. State law requires that the annual report be completed and submitted to the State by April 1 of each year. The attached General Plan APR is for the 2024 calendar year (January 1, 2024, to December 31, 2024) and is an informational update to be presented to the Planning Commission and then the City Council. Following presentations to the Commission and the Council, the APR will be submitted to OPR and HCD.
The City’s current General Plan, adopted December 18, 2013, includes eight General Plan Elements as follows:
Land Use, Housing, Circulation, Open Space and Conservation, Community Design, Economic Development, Safety and Noise Elements.
Each General Plan Element includes goals and policies for the City’s vision for the future out to year 2035. The 2024 APR provides an overview of key requirements and notable accomplishments as summarized below.
General Plan Implementation Program Progress
The General Plan contains an Implementation Program, which is comprised of program “Actions” to achieve the goals and policies of each General Plan element. The status of progress for each Item Title: 12.3
2024 General Plan Annual Progress Report
Item Page Number: 1
Menifee Mayor and City Council
February 19, 2025
Page
944 of 1056
City of Menifee Staff Report
2024 General Plan APR
February 19, 2025
2 5
0 2
of the program actions is listed in the attached APR and includes a description of how the City has met or implemented the program actions. For 2024, the most significant and notable accomplishments/actions towards implementing the General Plan including progress on 6th Cycle, 2021-2029, Housing Element Program Actions, are:
•Adoption of Development Code Amendment (Code Amendment No. LR23-0012) to comply with latest State housing law, and to implement various Housing Element program actions (the City Council adopted Ordinance No. 2024-384 on February 7, 2024). Program Actions implemented with the Code Amendment include:
oProgram Action 6 – Accessory Dwelling Unit updates
oProgram Action 21 – Emergency Shelters, Transitional and Supportive Housing oProgram Action 22 – Housing for Homeless People
oProgram Action 23 – Supportive Housing/Lower Barrier Navigation Centers oProgram Action 24 – Housing for People with Disabilities oProgram Action 26 – Farmworker and Employee Housing
oProgram Action 34 – Density Bonus
oProgram Action 36 – Definition of Family
•Program Action 9 (Senior Minor Home Repair Grant Program) - Assisted one household in 2024 (one project completed and four approved and pending). •Minor Home Repair Grant Program – In addition to the Senior Minor Home Repair Grant Program, this grant program is available to homeowners up to 61 years of age. The City assisted eight households for this program in 2024.
•Permanent Local Housing Allocation (PLHA) First Time Home Buyer Program: Seven loans approved in 2024.
•Program Action 29 (Housing Market Impact Study) and Program Action 30 (Inclusionary Housing Feasibility Study) – The final studies and recommendations were presented to the Planning Commission on May 22, 2024, and to the City Council on June 19, 2024. •Program Action 35 (Encourage Development of Opportunity Sites) – A marketing material/informational guide for housing opportunity sites to accommodate the City’s housing need as identified in the “Housing Sites Inventory” of the adopted 6th Cycle, 2021- 2029 Housing Element was completed in early 2024 and is available on the City’s website and other methods.
•Adoption of the City of Menifee Complete Streets Plan on July 17, 2024. •City Council adoption of the 2023/24 through 2027/28 Capital Improvement Program (CIP) consisting of over $700 million in funding for 191 CIP projects over the next five years (June 7, 2023). Projects include:
o35 Transportation Projects
o25 Traffic Signals
o30 Street Improvement Projects
o33 Pavement Management Projects
o10 Drainage Projects
o4 Streetlights
o22 Public Facilities Projects
o29 Parks, Trails, and Recreation Projects
o3 Technology and Infrastructure Projects
•City Council adoption of the Fiscal Year (FY) 2024/25 Mid-Cycle CIP (June 5, 2024), which added four more projects to the CIP including:
o1 Street Improvement Project – Goetz Road Pedestrian Improvements Item Title: 12.3
2024 General Plan Annual Progress Report
Item Page Number: 2
Menifee Mayor and City Council
February 19, 2025
Page
945 of 1056
City of Menifee Staff Report
2024 General Plan APR
February 19, 2025
2 5
0 2
o1 Public Facility Project – Kay Ceniceros Display Sign o1 Parks, Trails & Recreation Project – Banner Park Playground o1 Technology & Infrastructure – City Hall Back-Up Generator Major CIP projects completed in 2024 include:
oHolland Road Overpass (4-lane bridge over the I-215 Freeway) oFire Station No. 5 at Goetz Road.
OPR General Plan Guidelines Compliance
The APR includes discussion of OPR General Plan Guidelines Compliance topics related to the following:
•Collaborative planning with military lands and facilities (e.g., airport land use compatibility planning with March Air Reserve Base/Inland Port Airport); •Collaboration with native American tribes under Assembly Bill (AB) 52 as part of California Environmental Quality Act (CEQA) environmental review; and •Environmental Justice Considerations such as Senate Bill (SB) 1000, which requires environmental justice policies to be included within general plans.
Housing Element Annual Progress Report
State Law, specifically Government Code Section 65400, requires the City to provide an Annual Housing Element Progress Report to show progress on the General Plan Housing Element. This report provides an update on the progress in meeting Regional Housing Need Allocation (RHNA) and Housing Element program implementation in the 2024 calendar year. The 2024 Annual Housing Progress Report forms are included as Appendix B of the attached APR. Annual reporting specific to the Housing Element is also required at the same time as the General Plan APR. Therefore, the Housing Element APR is included as part of this General Plan APR.
The Housing Element is required to address how the City will facilitate the maintenance, improvement, and development of housing for all income groups and persons with disabilities and other special needs during the planning period, with a particular focus on affordable housing for those with incomes below the Riverside County median household income. The Housing Element of the General Plan must be updated every eight years. The time from one update to the next is called a housing cycle. The 2024 APR reporting period covers the 6 th Cycle, 2021-2029, eight- year housing element planning period. The Housing Element is the only General Plan Element that requires review and approval by the State (i.e., certification by HCD).
The City of Menifee initially adopted its 6th Cycle, 2021-2029 Housing Element on December 15, 2021. After subsequent revisions to the Housing Element, which were required by HCD after its initial adoption, the City re-adopted its Housing Element on November 16, 2022. Following re- adoption of the Housing Element, and upon completing other actions to meet HCD requirements, on April 5, 2023, HCD determined the City’s Housing Element to be in full compliance with State law.
Housing Element Progress in meeting RHNA. RHNA is a housing production goal calculated by the Southern California Association of Governments (SCAG), based upon a State established goal, for the Housing Element planning period and provides data to assist cities in accommodating the estimated housing needs of the projected population and employment growth during the planning period.
Item Title: 12.3
2024 General Plan Annual Progress Report
Item Page Number: 3
Menifee Mayor and City Council
February 19, 2025
Page
946 of 1056
City of Menifee Staff Report
2024 General Plan APR
February 19, 2025