2 5
0 1
CIPS-760000) and the Development Impact Fee (DIF) Citywide Circulation Fund (2526-PWS- CIPS-760000).
ATTACHMENTS
1. Ordinance – DA
2. Exhibit A – DA Amendment No. 3
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
232 of 831
ORDINANCE NO. 2025- ______
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
233 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
Page
234 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 •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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
235 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 6
Menifee Mayor and City Council
March 5, 2025
Page
236 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 7
Menifee Mayor and City Council
March 5, 2025
Page
237 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 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:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 8
Menifee Mayor and City Council
March 5, 2025
Page
238 of 831
Cimarron Ridge - DA Amendment No. 3
March 5, 2025
5 0
0 9
9 EXHIBIT A
PROPOSED THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
FOR THE CIMARRON RIDGE SPECIFIC PLAN
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 9
Menifee Mayor and City Council
March 5, 2025
Page
239 of 831
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 10
Menifee Mayor and City Council
March 5, 2025
Page
240 of 831
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 11
Menifee Mayor and City Council
March 5, 2025
Page
241 of 831
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 12
Menifee Mayor and City Council
March 5, 2025
Page
242 of 831
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 13
Menifee Mayor and City Council
March 5, 2025
Page
243 of 831
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: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
Regarding
the
Development
Agreement
Amendment
for
Cimarron
Ridge
Specific Plan
Item Page Number: 14
Menifee Mayor and City Council
March 5, 2025
Page
244 of 831
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of the Bicycles, E-Bikes, E- Scooters, and E-Skateboards Ordinance
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an Ordinance regulating Bicycles, E-Bikes, E-Scooters, and E-Skateboards.
DISCUSSION
This Ordinance was introduced for the first reading at the City Council meeting held on February 19, 2025. This is the required second reading and adoption. The Ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance - Bicycles, E-Bikes, E-Scooter, and E-Skateboards. Chapter 12.30 of Title 12 of the Menifee Municipal Code.
Item Title: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 1
Menifee Mayor and City Council
March 5, 2025
Page
245 of 831
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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
246 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
247 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
Page
248 of 831
4 9
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
249 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 6
Menifee Mayor and City Council
March 5, 2025
Page
250 of 831
4 9
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 7
Menifee Mayor and City Council
March 5, 2025
Page
251 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 8
Menifee Mayor and City Council
March 5, 2025
Page
252 of 831
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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 sp eed 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 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 bi cycle or E-Conveyance emerging from an al ley, driveway, bicycle path, building or otherwise approaching a sidewalk or sidewalk area shall yield the right-of-way to all pedestrians on such sidewa lk or sidew alk area, and upon enteri ng 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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 9
Menifee Mayor and City Council
March 5, 2025
Page
253 of 831
4 9
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 10
Menifee Mayor and City Council
March 5, 2025
Page
254 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 11
Menifee Mayor and City Council
March 5, 2025
Page
255 of 831
4 9
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 12
Menifee Mayor and City Council
March 5, 2025
Page
256 of 831
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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: 10.6
Second Reading and Adoption of the Bicycles, E-Bikes, E-Scooters, and E-Skateboards Ordinance Item Page Number: 13
Menifee Mayor and City Council
March 5, 2025
Page
257 of 831
CITY OF MENIFEE
SUBJECT: Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution establishing the City’s eligibility to receive the identified program funding administered by Caltrans and authorizing the City Manager to execute all future documents necessary to receive the identified program funding; and
2. Accept the Community Project Funded Congressional Directed Spending (CPFCDS) Program funds for the Bradley Road Bridge over Salt Creek Project, Capital Improvement Program (CIP) Project No. 13-04 (“Project”), for a total not-to-exceed amount of $5,000,000; and
3. Accept the Local Transportation Climate Adaptation Program (LTCAP) funds for the Project, for a total not-to-exceed amount of $4,200,000; and
4. Approve and authorize the City Manager to execute a Program Supplemental Agreement with the California Department of Transportation (“Caltrans”) for the Project for the total not-to- exceed amount of $9,200,000; and
5. Adopt a budget amendment resolution amending the Fiscal Year 2024/2025 CIP by appropriating federal funds in the amount of $5,000,000 in revenues and expenditures in the Grant Fund for the Project; and
6. Adopt a budget amendment resolution amending the Fiscal Year 2024/2025 CIP by appropriating state funds in the amount of $4,200,000 in revenues and expenditures in the Grant Fund for the Project.
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 1
Menifee Mayor and City Council
March 5, 2025
Page
258 of 831
City of Menifee Staff Report
CIP 13-04 Federal & State Funding Approval
March 5, 2025
2 2
5 6
DISCUSSION
The Bradley Road Bridge Over Salt Creek Project, CIP No. 13-04, would replace the existing low- flow crossing located on Bradley Road at Salt Creek with a 335 foot-long by 64-foot-wide all- weather bridge to accommodate the conveyance of 100-year flood flows. The Project also includes access ramps on either side of the bridge abutments, major drainage improvements, relocation of the existing Salt Creek Trail crossing, bridge lighting, and striping. The Project area includes the segment of Bradley Road from south of Rio Vista Drive, and continues to north of Potomac Drive.
Staff submitted an application in FY 2021/2022 in response to a call for projects issued by Congressman Ken Calvert’s office to identify projects in alignment with local transportation priorities that may be eligible to receive funding through the CPFCSD Program. The City requested funding assistance in the amount of $3 million for the construction phase of the Project.
On June 28, 2022, the City received notification from the United States Department of Transportation confirming that the Project was approved for funding in the amount of $5 million through the CPFCSD program, a $2 million increase above the City’s original funding request. To be eligible to receive the CPFCSD program funding, coordination efforts were initiated with Caltrans to update the Project’s environmental and construction documents to be in compliance with all federal requirements. Following the completion of all federal funding requirements, a Request for Authorization (RFA) was submitted to Caltrans and on January 22, 2025, the City received authorization to proceed with the construction phase of the Project.
On July 30, 2023, staff submitted an application in response to a call for projects through the LTCAP Program issued by the State of California to support critical local transportation projects that address climate adaptation and resiliency. The City requested funding assistance in the amount of $4.2 million for the construction phase of the Project. In December 2023, staff received notification that the Project was approved for funding in the amount of $4.2 million, as requested.
Coordination efforts with Caltrans and California Transportation Commission (CTC) ensued to complete all documentation required to ensure receipt of the allocated funds. On December 5-6, 2024, CTC approved the allocation of funds for the Project and on January 2, 2025, the City received authorization from Caltrans to proceed with the construction phase of the Project.
This Project was legally advertised on February 13, 2025, and a formal competitive bid was released with a bid opening scheduled for March 18, 2025. The construction phase is anticipated to begin in June 2025, and is anticipated to require 260 working days, or approximately 14 months to complete. The Program Supplemental Agreement (PSA) with Caltrans must be executed prior to beginning construction activity on the Project to be eligible for reimbursement through the identified programs. The PSA outlines the specific requirements that must be followed in order to remain in compliance with Caltrans Local Assistance Procedures to receive federal funding.
The amount of the proposed Agreement exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
259 of 831
City of Menifee Staff Report
CIP 13-04 Federal & State Funding Approval
March 5, 2025
2 2
5 6
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed PSA is for a total amount not-to-exceed $9,200,000. The acceptance of the federal grant would result in a fiscal impact of $5,000,000 in revenues from the CPFCDS Program within the Grant Fund (2301-17038-441000) that would offset the appropriation in expenditures within the Grant Fund (2301-PWD-CIPS-760000) for the Project.
The acceptance of the state grant would result in a fiscal impact of $4,200,000 in revenues from the LTCAP within the Grant Fund (2301-17039-441002) that would offset the appropriation in expenditures within the Grant Fund (2301-PWD-CIPS-760000) for the Project. The summary of Project appropriations can be found in Table 1 below.
TABLE 1 – PROJECT APPROPRIATIONS
Fund Project Account String Revenue Budget Expenditure Budget Grant Fund
(Federal) CIP13-04.2301.CON.CAE $5,000,000 $5,000,000
Grant Fund
(State) CIP13-04.2301.CON.CAE $4,200,000 $4,200,000
TOTAL $9,200,000 $9,200,000
The federal CPFCDS Program grant requires the City to provide a local match of 11.47%, or $573,500, which is available in the existing Project budget within the Developer Impact Fee (DIF) Citywide – Storm Drain Facilities Fund (2527-PWD-CIPS-760000), as summarized in Table 2 below. The state LTCAP grant does not require a local match.
TABLE 2 – EXISTING PROJECT BUDGET
Fund Account Number Available Budget Required Match
(11.47%)
DIF Citywide –
Storm Drain 2527-PWD-CIPS-760000 $593,764 $573,500
TOTAL $593,764 $573,500
ATTACHMENTS
1. Resolution
2. Project Location Map
3. Program Supplemental Agreement (PSA)
4. BAR - (Fund 2301) (Federal Grant)
5. BAR - (Fund 2301) (State Grant)
6. GSR – Federal
7. GSR – State
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
260 of 831
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\BradleyBridge\BradleyBridge\BradleyBridge.aprx Date: 4/6/2022 Bradley Bridge over Salt Creek (CIP 13-04)
Project Location Map
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
Page
261 of 831
1 RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BRADLEY ROAD BRIDGE OVER SALT CREEK PROJECT, CIP NO. 13-04
WHEREAS, the City of Menifee is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City wishes to delegate authorization to execute these agreements, and any amendments thereto, to the City Manager who is authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
authorizes the City Manager to execute all agreement documents, and any amendments thereto, with the California Department of Transportation.
PASSED, APPROVED AND ADOPTED this 5th day of March 2025. ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
262 of 831
F007
FOR FEDERAL-AID PROJECTS NO 08-5483F15
0822000184
January 28, 2025
08-RIV-0-MNFE
DEM22L-5483(011)
5483
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/06/2017 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
BRADLEY RD BRIDGE REPLACEMENT OF EXISITNG 2-LANE AT-GRADE CROSSING A 64 FOOT WIDE, 335 FEET SPAN BRIDGE OVER EXISTING SALT CREEK CHANNEL FROM RIO VISTA DRIVE TO POTMAC DRIVE.
Bridge Replacement 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Y928 $5,000,000.00 STATE $4,200,000.00
CITY OF MENIFEE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$17,639,609.00 $8,439,609.00 $0.00
Chief, Office of Project Management Oversight
STATE OF CALIFORNIA
Department of Transportation
$9,200,000.00
01/28/2025
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 6
Menifee Mayor and City Council
March 5, 2025
Page
263 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
2Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 7
Menifee Mayor and City Council
March 5, 2025
Page
264 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 8
Menifee Mayor and City Council
March 5, 2025
Page
265 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 9
Menifee Mayor and City Council
March 5, 2025
Page
266 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 10
Menifee Mayor and City Council
March 5, 2025
Page
267 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 11
Menifee Mayor and City Council
March 5, 2025
Page
268 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
4. A. This PROJECT will be administered in accordance with the applicable CTC Local Transportation Climate Adaptation Program (LTCAP) guidelines and the SB1 Accountability and Transparency guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Senate Bill 198 (SB 198) and/or Federal funds from the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) funds for LTCAP. Funding may be provided under one or more components. A component
7Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 12
Menifee Mayor and City Council
March 5, 2025
Page
269 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. All obligations of STATE funds under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. ADMINISTERING AGENCY agrees to use eligible matching funds of the type identified in its project application/nomination, for the required dollar for dollar minimum local match to the LTCAP funds.
D. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
E. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions. Approved supplementary allocations and time extensions made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Time Extension Letter, and Finance Letter, as appropriate.
F. This PROJECT is subject to the timely use of funds provisions enacted by the LTCAP guidelines and SB1 Accountability and Transparency guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
G. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and 8Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 13
Menifee Mayor and City Council
March 5, 2025
Page
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SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
H. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
I. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
J. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM, LTCAP Guidelines, and SB1 Accountability and Transparency Guidelines.
K. To satisfy the SB1 Accountability and Transparency requirements, ADMINISTERING AGENCY agrees to:
1) Submit Progress Reports on the activities, expenditures, and progress made towards implementation of the PROJECT, as applicable. Changes to the scope and budget from the CTC approved project application/nomination shall also be identified in these reports. The Progress Reports shall be submitted to the Division of Local Assistance - Office of Innovative Programs via the official reporting tool.
2) Submit a Completion Report after each phase using LTCAP funds is completed and a Final Delivery Report to the CTC, within six months of the PROJECT construction contract being accepted, on the scope of the completed PROJECT, its final costs as compared to the project budget in its project application/nomination,
9Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 14
Menifee Mayor and City Council
March 5, 2025
Page
271 of 831
SPECIAL COVENANTS OR REMARKS
08-RIV-0-MNFE
DEM22L-5483(011)
its duration as compared to the project schedule in its application/nomination, and performance outcomes derived from the PROJECT as compared to those described in the project application/nomination.
L. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Internal Audits Office (CIAO) requirements which may be accessed at: https://dot.ca.gov/programs/audits.
ADMINISTERING AGENCY agrees to comply with, and requires all sub-recipients and project sponsors to comply with, 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 31, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
M. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Local Transportation Climate Adaptation Program guidelines, as adopted or amended.
N. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 10Page of 10Program Supplement 08-5483F15-F007- ISTEA
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 15
Menifee Mayor and City Council
March 5, 2025
Page
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RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 2301 Adopted FY 2024/25 Revenue Budget: $0.00
1. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Revenue Budget: $14,542,254.87
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $633,759.00 July 1, 2024 FY2023/2024 Carryovers Various 7,234,726.44 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-00-XNC-XNCL-
000-00000-441000 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-00-XNC-XNCL-
000-00000-441002 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-00-XNC-XNCL-
000-00000-441002 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-28-XNC-XNCL-
000-00000-441004 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-00-XNC-XNCL-
000-00000-441000 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-00-XNC-XNCL-
000-00000-441002 112,512.00
November 6, 2024 Grant: OTS STEP
2301-28-XNC-XNCL-
000-00000-441002 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-28-XNC-XNCL-
000-00000-441000 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-28-XNC-XNCL-
000-00000-441002 32,100.00
November 6, 2024 Grant: PLHA Program
2301-28-XNC-XNCL-
000-00000-441002 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-28-XNC-XNCL-
000-00000-441000 146,570.00
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports
2301-28-XNC-XNCL-
000-17035-441005 20,000.00
March 5, 2025
Grant: CPFCDS Program for
CIP 13-04 (Bradley Rd Bridge)
2301-28-XNC-XNCL-
000-17038-441000 5,000,000.00
TOTAL: $14,542,254.87
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 16
Menifee Mayor and City Council
March 5, 2025
Page
273 of 831
Amending the Fiscal Year 2024/25 Grant Fund Budget
Community Project Funded Congressional Directed Spending (CPFCDS) Program for CIP 13-04 Bradley Road Bridge over Salt Creek Project
2 4
9 8
1 0
Grant Fund 2301 Adopted FY 2024/25 Expenditure Budget: $0.00
2. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Expenditure Budget: $14,402,331.63
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $595,472.00 July 1, 2024 FY2023/2024 Carryovers Various 7,133,090.20 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-51-MPD-PDAM-
000-00000-658165 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-51-MPD-PDAM-
000-00000-658211 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-55-PWD-CIPS-
000-00000-658011 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-53-CSD-SWES-
000-00000-652844 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-50-ECD-XNCL-
000-00000-652832 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-51-MPD-PDAM-
000-00000-658174 112,512.00
November 6, 2024 Grant: OTS STEP
2301-51-MPD-PDAM-
000-00000-652426 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-51-MPD-PDAM-
000-00000-652429 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-51-MPD-PDAM-
000-00000-652428 32,100.00
November 6, 2024 Grant: PLHA Program
2301-52-CDD-PLNG-
000-00000-652843 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-55-PWD-CIPS-
000-00000-660010 146,570.00
2301-53-CSD-RECR-
000-17035-651011
…17035-651410
…17035-651500
…17035-652054
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports …17035-652800 20,000.00
March 5, 2025
Grant: CPFCDS Program for
CIP 13-04 (Bradley Rd Bridge)
2301-55-PWD-CIPS-
000-17038-760000 5,000,000.00
TOTAL: $14,402,331.63
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 17
Menifee Mayor and City Council
March 5, 2025
Page
274 of 831
Amending the Fiscal Year 2024/25 Grant Fund Budget
Community Project Funded Congressional Directed Spending (CPFCDS) Program for CIP 13-04 Bradley Road Bridge over Salt Creek Project
3 4
9 8
1 0
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 2301 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: CPFCDS Program for CIP 13-04 Bradley Road Bridge $5,000,000.00 Amended Grant Fund 2301 FY2024/25 Budget $14,542,254.87
Expenditures:
Grant: CPFCDS Program for CIP 13-04 Bradley Road Bridge $5,000,000.00 $0 Amended Grant Fund 2301 FY2024/25 Budget $14,402,331.63 PASSED, APPROVED AND ADOPTED this 5th day of March, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 18
Menifee Mayor and City Council
March 5, 2025
Page
275 of 831
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 2301 Adopted FY 2024/25 Revenue Budget: $0.00
1. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Revenue Budget: $13,742,254.87
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $633,759.00 July 1, 2024 FY2023/2024 Carryovers Various 7,234,726.44 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-00-XNC-XNCL-
000-00000-441000 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-00-XNC-XNCL-
000-00000-441002 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-00-XNC-XNCL-
000-00000-441002 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-28-XNC-XNCL-
000-00000-441004 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-00-XNC-XNCL-
000-00000-441000 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-00-XNC-XNCL-
000-00000-441002 112,512.00
November 6, 2024 Grant: OTS STEP
2301-28-XNC-XNCL-
000-00000-441002 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-28-XNC-XNCL-
000-00000-441000 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-28-XNC-XNCL-
000-00000-441002 32,100.00
November 6, 2024 Grant: PLHA Program
2301-28-XNC-XNCL-
000-00000-441002 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-28-XNC-XNCL-
000-00000-441000 146,570.00
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports
2301-28-XNC-XNCL-
000-17035-441005 20,000.00
March 5, 2025
Grant: LTCAP for CIP 13-04
(Bradley Rd Bridge)
2301-28-XNC-XNCL-
000-17039-441002 4,200,000.00
TOTAL: $13,742,254.87
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 19
Menifee Mayor and City Council
March 5, 2025
Page
276 of 831
Amending the Fiscal Year 2024/25 Grant Fund Budget
Local Transportation Climate Adaptation Program (LTCAP) for CIP 13-04 Bradley Road Bridge over Salt Creek Project
2 4
9 8
1 0
Grant Fund 2301 Adopted FY 2024/25 Expenditure Budget: $0.00
2. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Expenditure Budget: $13,602,331.63
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $595,472.00 July 1, 2024 FY2023/2024 Carryovers Various 7,133,090.20 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-51-MPD-PDAM-
000-00000-658165 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-51-MPD-PDAM-
000-00000-658211 277,195.05
August 7, 2024
CalRecycle Cycle 16: Rubberized
Pavement Grant Program CIP 24-
21 (Menifee Resurfacing Project)
2301-55-PWD-CIPS-
000-00000-658011 92,500.00
September 18,
2024 Grant: Clean Air Day Microgrant
2301-53-CSD-SWES-
000-00000-652844 500.00
October 2, 2024
Grant: Economic Development
Administration CEDS Grant
2301-50-ECD-XNCL-
000-00000-652832 40,000.00
October 2, 2024
Grant: BSCC Byrne State Crisis
Intervention Program
2301-51-MPD-PDAM-
000-00000-658174 112,512.00
November 6, 2024 Grant: OTS STEP
2301-51-MPD-PDAM-
000-00000-652426 216,000.00
November 6, 2024 Grant: COPS Microgrant
2301-51-MPD-PDAM-
000-00000-652429 51,949.00
November 6, 2024
Grant: Alcoholic Beverage Control
OTS
2301-51-MPD-PDAM-
000-00000-652428 32,100.00
November 6, 2024 Grant: PLHA Program
2301-52-CDD-PLNG-
000-00000-652843 646,059.00
January 15, 2025
Grant: DOE Equipment Rebate
Voucher
2301-55-PWD-CIPS-
000-00000-660010 146,570.00
2301-53-CSD-RECR-
000-17035-651011
…17035-651410
…17035-651500
…17035-652054
February 19, 2025
Grant: NRPA Gender Equity in
Youth Sports …17035-652800 20,000.00
March 5, 2025
Grant: LTCAP for CIP 13-04
(Bradley Rd Bridge)
2301-55-PWD-CIPS-
000-17039-760000 4,200,000.00
TOTAL: $13,602,331.63
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 20
Menifee Mayor and City Council
March 5, 2025
Page
277 of 831
Amending the Fiscal Year 2024/25 Grant Fund Budget
Local Transportation Climate Adaptation Program (LTCAP) for CIP 13-04 Bradley Road Bridge over Salt Creek Project
3 4
9 8
1 0
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 2301 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: LTCAP for CIP 13-04 Bradley Road Bridge $4,200,000.00 Amended Grant Fund 2301 FY2024/25 Budget $13,742,254.87
Expenditures:
Grant: LTCAP for CIP 13-04 Bradley Road Bridge $4,200,000.00 $0 Amended Grant Fund 2301 FY2024/25 Budget $13,602,331.63 PASSED, APPROVED AND ADOPTED this 5th day of March, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 21
Menifee Mayor and City Council
March 5, 2025
Page
278 of 831
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2024/2025
3/5/2025
Bradley Road Bridge over Salt Creek Project (F)
Dept of Transportation
Engineering (CIP)
Carlos Geronimo
Dept of Transportation
20.933
Caltrans
-
-
Jan2025-Aug2027
-
$5,000,000
Reimbursement
11.47% ($573,500)
$5,000,000
N/A
2301-28-XNC-XNCL-000-17038-441000
N/A
N/A
N/A
No
Yes
Yes
up to Aug2027
No
✔
Jan2025-Aug2027
The Bradley Road Bridge Over Salt Creek Project, CIP No. 13-04 (“Project”), would replace the existing low-flow crossing located on Bradley Road at Salt Creek with a 335 foot-long by 64-foot-wide all-weather bridge to accommodate the conveyance of 100-year flood flows.
Progress reports and completion reports should be submitted. For complete reporting requirements see PSA attachment. 2301-55-PWD-CIPS-000-17038-760000
Notes:
CIP13-04.2301.CON.CAE
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 22
Menifee Mayor and City Council
March 5, 2025
Page
279 of 831
This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: _ _______________________ Grant Name: _____________________________________________Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2024/2025
3/5/2025
Bradley Road Bridge over Salt Creek Project (S)
California Transportation Commission
Engineering (CIP)
Carlos Geronimo
Caltrans
-
-
Jan2025-Aug2027
-
$4,200,000
Reimbursement
$4,200,000
N/A
2301-28-XNC-XNCL-000-17039-441002
N/A
N/A
N/A
No
No
Yes
up to Aug2027
No
✔
Jan2025-Aug2027
The Bradley Road Bridge Over Salt Creek Project, CIP No. 13-04 (“Project”), would replace the existing low-flow crossing located on Bradley Road at Salt Creek with a 335 foot-long by 64-foot-wide all-weather bridge to accommodate the conveyance of 100-year flood flows.
Progress reports and completion reports should be submitted. For complete reporting requirements see PSA attachment. 2301-55-PWD-CIPS-000-17039-760000
Notes:
CIP13-04.2301.CON.CAE
Item Title: 10.7
Acceptance of Federal and State Program Funds for the Bradley Road Bridge over Salt Creek Project Item Page Number: 23
Menifee Mayor and City Council
March 5, 2025
Page
280 of 831
CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with the Lake Menifee Women's Club
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (“MOU”) with the Lake Menifee Women’s Club for partnering in community events and programs through January 1, 2028.
DISCUSSION
The Lake Menifee Women’s Club (“Women’s Club”) has been an integral part of the Menifee community for more than 30 years. Building off the principles of legacy, friendship, philanthropy, and fun, the Women’s Club was responsible for introducing Menifee’s first independence celebration in 1990 which takes place each year on the Saturday before July 4th. All net proceeds collected by the Women’s Club are donated to schools and other non-profit organizations within Menifee and surrounding communities. Some notable donations made by the Women’s Club are Michelle’s Place, Shop with a Firefighter, blanket donations, Boys and Girls Club, Together We Rise, and the Youth Leaders of Menifee Teen Awards.
Since its incorporation in 2008, the City of Menifee has partnered with the Women’s Club in a collaborative effort to continue the time-honored tradition of the Independence Celebration as a community event and to build upon the spectacular display of fireworks, performances, and activities. To solidify this ongoing partnership, the Community Services Department proposes to enter into a Memorandum of Understanding (MOU) to highlight the Women’s Clubs commitments as it pertains to the Independence Celebration in addition to future event partnerships with the City. The MOU outlines items for the event preparation, event day, vendor registration, special event elements, marketing, and outreach.
In addition to event activities, the MOU highlights the Women’s Club commitment to provide an annual sponsorship of $1,650 to support scholarship awards for recipients of the Youth Leaders Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 1
Menifee Mayor and City Council
March 5, 2025
Page
281 of 831
City of Menifee Staff Report
Lake Menifee Women's Club Memorandum of Understanding
March 5, 2025
2 5
7 1
of Menifee Teen Award recognizing high school students in Menifee who are making a positive impact in the community through Academics, Athletics, and Community Service achievements.
The Women’s Club has been the sole sponsor of the Teen Awards for the past three years, with their annual contribution made prior to the start of the school year to support program activities throughout the year. Their continued support of the program ensures high school students in Menifee are recognized for the positive impact they have in the city.
As an in-kind sponsorship to the Women’s Club, the MOU would authorize their use of a medium- sized meeting room located within the Kay Ceniceros Senior Center to host monthly club meetings. While there would be no facility fee or staff costs charged to the Women’s Club for use of the facility they would be required to obtain any necessary permits, insurance, and approvals for the reoccurring meeting.
As presented, the agreement would extend for a period of three years with the option for either party to terminate the MOU with 90 days’ written notice. Near the conclusion of this period, both parties would evaluate the feasibility of extending the term of the existing MOU or modifying of the MOU based upon their operational needs.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
Following receipt of the Women’s Club annual sponsorship commitment of $1,650, the revenue would be recorded within the General Fund for Event Sponsorships (1100-438560).
The in-kind sponsorship provided by the Community Services Department for the use of a meeting facility is expected to be offset by volunteer assistance in producing collaborative events.
ATTACHMENTS
1. Memorandum of Understanding
Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
282 of 831
2905/031858-0001
21724636.2 a02/20/25
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on _______________ (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and LAKE MENIFEE WOMEN’S CLUB, a [501(c)(3) Non- Profit Organization] (“Partner Organization”). City and Partner Organization may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” Section 1. Term and Termination
A. Term. The term of this MOU shall begin on effective date and shall end on January 1st, 2028 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.
B. Termination. Either Party may terminate this MOU upon ninety (90) days’ written notice to the other Party. Upon termination each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.
Section 2. Rights and Obligations of the Parties
A. Special Provisions. The Parties may agree to additional, supplementary, or modified terms and conditions to those contained in the body of this MOU which shall be set forth in Exhibit A attached hereto and incorporated herein by this reference. In the event of a conflict between Exhibit A and the body of this MOU, Exhibit A shall control.
B. Rights and Obligations. The rights and obligations of the Parties are set forth in Exhibit B attached hereto and incorporated herein by this reference. Each Party shall dedicate the time to performance of its obligations as may be reasonably necessary to perform such obligations to the standards observed by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.
C. Cooperation and Noninterference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Neither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the rights and obligations hereunder involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the rights and obligations of the other Party.
D. Personnel. If the rights and obligations hereunder involve the provision of personnel from one Party to another Party, the providing Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.
Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
283 of 831
2905/031858-0001
21724636.2 a02/20/25 -2-5
0 0
6 6
E. Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provide all materials, facilities, and equipment for that Party’s performance hereunder, at that Party’s sole cost and expense.
F. Access to Facilities. Where the rights and obligations hereunder include one Party’s use of or entry into any facility, real property, or other building granted by the other Party such right of use or entry shall be subject to and conditioned on the terms of this MOU only. Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU. If Partner Organization enters City property or meets in person with City employees during the performance of this MOU, Partner Organization shall comply with all applicable regulatory and City security and safety procedures, protocols, and practices. If City enters Partner Organization property or meets in person with Partner Organization employees during the performance of this MOU, City shall comply with all applicable security and safety procedures, protocols, and practices, if any, included in Exhibit B.
G. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any required approval or permit necessary therefor. Section 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each Party is independently responsible for reviewing and complying with all applicable laws, including but not limited to the payment or nonpayment of prevailing wages required under California law.
H. Documents and Records. Any plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”), in electronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. These documents shall be subject to the reasonable acceptance of the receiving Party. Any documents prepared hereunder shall not be released to third parties unless mutually agreed by both Parties or required by law. Each Party shall maintain all documents prepared hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Party. This MOU creates a non-exclusive and perpetual license for the receiving Party to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the documents provided hereunder. The providing Party shall require all subcontractors preparing documents under this MOU to agree to this provision in writing. The providing Party represents and warrants that it has the legal right to grant the license required by this Paragraph. These documents are not necessarily suitable for any future or Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
Page
284 of 831
2905/031858-0001
21724636.2 a02/20/25 -3-5
0 0
6 6
other use, and such future or other use shall be without liability to the providing Party.
I. Contract Administrators. All matters under this MOU shall be handled for Partner Organization by Shelly Hobbs, President (“Partner Organization Contract Administrator”), and for City by Rebekah Kramer, Deputy City Manager (“City Contract Administrator”.) Except as specified otherwise in this MOU, all correspondence shall be directed through the contract administrators established in this Paragraph, and neither Party shall take direction or orders for the performance of this MOU from any person other than such contract administrators.
Section 3. Independent Contractor Status
This MOU is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association.
Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Except as otherwise expressly provided by this MOU, neither Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.
Section 4. Indemnification
Each Party shall indemnify, protect, defend (with counsel acceptable to the Indemnified Party), and hold harmless the other Party, 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 the indemnifying Party fails to provide a defense for the indemnified Party, the legal costs of counsel retained by the indemnified Party) and any judgment (collectively, “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 MOU by the indemnifying Party or by any individual or entity for which the Indemnifying Party is legally liable, including but not limited to officers, agents, employees or subcontractors of the Indemnifying Party. The provisions of this Section do not apply to Claims occurring as a result of the indemnified Party’s gross negligence or willful acts or omissions. The costs of counsel referred to herein shall not exceed the hourly rate paid by the City for legal services multiplied by the reasonable number of hours spent.
Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
285 of 831
2905/031858-0001
21724636.2 a02/20/25 -4-5
0 0
6 6
Section 5. Partner Organization Insurance
Prior to performing any right or obligation under this MOU, Partner Organization, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section.
A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. 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 performance of this MOU, including the use of hired, owned, and non-owned automobiles. Comprehensive 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. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
B. Equipment and Property Insurance. Insurance on all equipment, property, and facilities, including fixtures, funded in whole or in part under this MOU to full replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user’s control, theft, fire, vandalism, malicious mischief, or natural catastrophe.
C. Workers’ Compensation. Partner Organization hereby represents and warrants that it has no employees and accordingly is not required to maintain Workers’ Compensation insurance under California Law.
D. Quality of Insurance. 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.
E. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned insurance policies of Partner Organization with respect to liability arising out of the Partner Organization’s performance of this MOU.
F. Proof of Insurance. Partner Organization shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the Partner Organization. The coverage shall contain no special Item Title: 10.8
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limitations on the scope of protection afforded to the additional insured 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 MOU or completion of full performance hereunder, whichever is later. 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.
G. Notice of Changes. Partner Organization shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self-insured retention on any of the required insurance policies is increased.
H. Self-Insured Retentions and Deductible. Partner Organization shall obtain the written approval of City for self-insured retentions and deductibles for the insurance required herein. Changes to the same require the written consent of City, which may be conditioned on the procurement of a bond guaranteeing the payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each Party.
I. Subcontractors. If any subcontractor is performing the rights and obligations of Partner Organization hereunder, Partner Organization shall include such subcontractor as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor, subject to all of the requirements in this Section 5.
Section 6. City Insurance
City shall comply with the insurance obligations, if any, included in Exhibit B hereto.
Section 7. Variations to Insurance
Each Party may but is not required to approve in writing a variation to the insurance requirements in Sections 5 and 6 as-applied to the other Party upon a determination that the coverage, scope, limits, and forms of insurance set forth above are either not commercially available or that the approving Party’s interests are otherwise fully protected.
Section 8. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:
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To City: To Partner Organization:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rebekah Kramer
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Lake Menifee Women’s Club
30141 Antelope Road, Suite D122
Menifee, CA 92584
Attn: Shelly Hobbs, President
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.
Section 9. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default.
The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.
B. Rights and Remedies Cumulative. 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.
Section 10. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.
Section 11. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.
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Section 12. Time
Time is of the essence in this Agreement and for the performance of this MOU.
Section 13. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
Section 14. Attorneys’ Fees
If any legal action is commenced between the Parties to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.
Section 15. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.
Section 16. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
Section 17. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.
Section 18. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
Section 19. Entire Agreement, Amendment, and Construction This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.
Section 20. Construction
The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply.
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Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. Except for Section 2 A, references to this MOU shall include the exhibits.
Section 22. Amendments
This MOU may be amended only by written agreement and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion do not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.
Section 23. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.
Section 24. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU 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
Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.
Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.
Section 27. No Benefit to Arise to 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 MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub- Item Title: 10.8
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agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to Partner Organization if Partner Organization is a public entity.
Section 28. Authority to Execute
The persons executing this MOU 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 MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other agreement to which said Party is bound
Section 29. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
PARTNER ORGANIZATION
Shelly Hobbs, President
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EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
Left intentionally blank.
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EXHIBIT B
EXHIBIT B
RIGHTS AND OBLIGATIONS OF THE PARTIES
The City of Menifee shall partner with the Lake Menifee Women’s Club to produce event components deemed mutually beneficial. City activities, modification, or addition of agreed upon city activities, shall be approved at the discretion of the Deputy City Manager or Community Services Director.
I. Lake Menifee Women’s Club Responsibilities
The Lake Menifee Women’s Club shall be responsible for the following deliverables:
A. Independence Celebration Event:
1. Promotion/Marketing: Lake Menifee Women’s Club shall collaborate with the City to create event collateral and will market the event using only jointly approved marketing materials (ex. City-produced event flyer). Any deviation from approved collateral or marketing shall require approval from the Community Services Director. Both parties shall be listed on event collateral.
2. Vendors: The Lake Menifee Women’s Club shall have exclusive rights to organize, advertise, and sell vendor booth space for the event as a fundraising component. The Lake Menifee Women’s Club shall be solely responsible for ensuring that these vendors are insured and in compliance with local, state, and federal law.
a.Insurance Requirements: Lake Menifee Women’s Club and event vendors are responsible for meeting and covering all costs associated with obtaining insurance requirements as set forth by the Valley-Wide Recreation and Parks District. The insurance requirements for large events, food vendors, and merchandise vendors, as well as general requirements, have been attached herein to this exhibit in subsection (D).
3. Beer Garden: The Lake Menifee Women’s Club shall have exclusive rights to organize and operate a Beer Garden as a fundraising component and shall be solely responsible to obtain:
a. All services and equipment needed to organize, oversee, and operate the beer garden.
b. All permits, licensing, and insurance applicable to the event component as required under local, state, and federal law. c. Provide a minimum of (1) Portable Restroom and (1)
Handwashing Station specific to the event area.
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d. Provide security for the event area and furnish proof of agreement to the City at least thirty (30) days prior to the event.
The Lake Menifee Women’s Club may also opt to cover the cost of additional law enforcement coverage as desired.
e. Staffing sufficient to oversee and operate event component. f. Decorative Perimeter Fencing to fully separate the beer garden from the main event space.
g. Right to Forfeit – If the Lake Menifee Women’s Club desires to forfeit the right to organize and operate the Beer Garden, notification shall be given to the Community Services
Department prior to January 1 of each calendar year so that opportunity may be offered to other interested organizations.
4. Parade: As a benefit to the public, the Lake Menifee Women’s Club shall complete the following tasks on the day of the event:
a.Contest:
i. Provide a minimum of three (3) volunteer judges
responsible for judging and selecting winners of the parade contest from 3:30 PM to 5:30 PM.
ii. Designate one (1) on-stage volunteer to announce and present trophies and/or prizes to parade contest winners from 5:30 PM to 6:30 PM.
iii. Furnish and deliver a minimum of (3) trophies and/or prizes to be presented to parade contest recipients.
5. Community Engagement (Photo Areas):
a. Furnish supplies for and construct photo opportunity areas at two (2) designated event spaces as approved by the City’s event coordinator.
b. Break down and remove supplies and equipment for the photo opportunity areas following the conclusion of the event.
6. Other Event Deliverables: The Lake Menifee Women’s Club shall be responsible for the following additional deliverables:
a. Adhere to local, state, and federal guidelines, including but not limited to regulations from CalFire, the Riverside County Health Department, and the City. The Lake Menifee Women’s Club shall cover the cost of meeting these requirements.
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b. Obtain approval from the Valley-Wide Recreation District for use of its facilities at least sixty (60) days prior to the event. c. Provide a representative to attend regular planning meetings with the City.
d. Furnish proof of insurance, permits, security contract, and other related documents as required to City at least thirty (30) days prior to the event.
e. Any additional requests for event support shall be submitted to the City for consideration at least thirty (30) days prior to the event date.
B. Sponsorship/City Program Support: The Lake Menifee Women’s Club pledges an annual donation in the amount of $1,650 to support scholarship awards for Youth Leaders of Menifee Teen Award recipients. As such, the Lake Menifee Women’s Club shall be named as a primary sponsor of the Teen Awards program.
C. Other Partnerships: Should the City and the Lake Menifee Women’s Club identify a program or event that provides a benefit to the public and is in the best interest of the City, the Parties may agree to partner under similar terms to produce the event based upon approval of the Community Services Director.
D. Valley-Wide Recreation and Park District’s Insurance Requirements:
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1. Large Event
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2. Food Vendor
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3. Merchandise Vendor
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4. General Insurance Requirements
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II. City Responsibilities
The City shall be responsible for the following deliverables:
A. Independence Celebration Event:
1.Promotion/Marketing: Promote, market, and coordinate sponsorship of the event. Identify Lake Menifee Women’s Club on event materials and complete outreach as event co-host and as an event sponsor where applicable.
2.Parade Production: Plan, produce, and coordinate operations for parade. The parade shall seek participation from local non-profits organizations, city sports leagues and recreational groups, city dignitaries and council, and performers. City shall also furnish vehicles for dignitaries to ride on during the parade and schedule event planning meetings as necessary.
B. Booth Space: Upon request and where available, the Lake Menifee Women’s Club shall be granted booth space at city-sponsored special events to promote attendance and club activities.
C. Meeting Room: Provide a meeting room at the Kay Ceniceros Senior Center for the Lake Menifee Women’s Club monthly meeting. Hourly facility rental fees will be waived for this use. The meeting room provided shall accommodate up to thirty (30) guests and be made available every first Tuesday of the month from 6pm to 9pm, unless otherwise cancelled by Lake Menifee Women’s Club. The Lake Menifee Women’s Club acknowledges that the room may become unavailable if the meeting date falls on a city-observed holiday and/or if an issue with the facility leads to a closure.
Item Title: 10.8
Memorandum of Understanding with the Lake Menifee Women's Club Item Page Number: 20
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CITY OF MENIFEE
SUBJECT: Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Ross Sublett, Management Analyst
REVIEWED BY: Michelle Sarkissian, Interim Chief Information Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the Finance Department to issue a purchase order for a backup universal power supply for the City’s servers from Saitech, Inc. in the not-to-exceed amount of $131,408.60, including taxes and delivery; and
2. Approve and authorize the purchase be made under cooperative purchasing agreement NCPA 01-170 as permitted under Menifee Municipal Code Section 3.12.070 (6); and
3. Approve the budget amendment resolution appropriating $131,408.60 from Information Technology’s fund balance into an account assigned by the Finance Department.
DISCUSSION
In the delivery of municipal services, the City of Menifee relies on an array of modern technology and equipment to ensure efficient, reliable operations across all departments. Critical to this mission is the continuous availability of Information Technology (“IT”) systems that support vital City functions. The City of Menifee is committed to maintaining optimal performance and protecting its IT infrastructure. As part of this commitment, the IT Department has identified a pressing need to upgrade the uninterruptible power supply (“UPS”) systems within City Hall and the Police Department (PD) Server Rooms.
Purpose and Need
The proposed UPS battery backup units are designed to provide backup power for the critical IT server equipment for a minimum of two hours—extendable up to four hours based on the equipment load in each cage, where the servers and UPS units will be contained. This extended backup duration is essential for preserving system integrity and ensuring uninterrupted operations Item Title: 10.9
Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups Item Page Number: 1
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City of Menifee Staff Report
Purchase of Backup Battery
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during power outages, including emergency events such as wildfires and unanticipated power shutoffs by the electric utility company, Southern California Edison (SCE).
Evaluation of Battery Technologies
In selecting the appropriate UPS battery backup units, staff conducted a comprehensive evaluation comparing Lead-Acid Battery UPS systems and Lithium-Ion Battery UPS systems.
While Lead-Acid models, quoted at approximately $89,000 and offer a functional solution, the decision to move forward with Lithium-Ion units, despite a higher quote of $121,085, is driven by significant long-term benefits:
•Extended Lifecycle
oLead-Acid Batteries: Lifespan of approximately 3 years. oLithium-Ion Batteries: Offer an operational lifespan of 5 years. With the addition of an extended warranty, the investment would be effectively secured for 6 years. •Cost Efficiency Over Time
oAlthough the upfront cost of Lithium-Ion units is higher, their longer lifecycle and extended warranty provide a more cost-effective solution over the long term by reducing the frequency and expense of replacements.
•Enhanced Performance and Reliability
oLithium-Ion batteries offer improved energy density, faster charging times, and reduced maintenance requirements, which are critical for maintaining the integrity of City IT systems during outages.
•Unit Size/Space
oLead-Acid Batteries are larger and heavier, requiring more space in the rack and requiring facility improvements to properly store and cool them. oLithium-Ion Batteries are more compact and lightweight, taking up half the space compared to Lead-Acid batteries. This space efficiency is crucial given the limited rack space available at both the City Hall and the Police Department facilities providing for better use of the existing space without requiring tenant improvements to allow for server room expansion and ventilation and cooling system upgrades.
Operational Benefits
Extended Operational Timeframe
•The proposed UPS units deliver a backup window of at least two hours, with the potential for four hours. This is a significant improvement over current systems that provide only 15 minutes of backup, allowing IT personnel the necessary time to manage system transitions and proper shutdowns.
•By providing extended backup power, these units safeguard essential servers and IT infrastructure from risks associated with sudden power loss, such as data corruption and hardware damage.
Item Title: 10.9
Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups Item Page Number: 2
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Response to Emergencies
•The recent wildfire emergency highlighted vulnerabilities in the City’s current power backup strategy. With an extended backup period, critical systems can remain operational during such events, ensuring continuous access to necessary data and services. •In instances of unexpected SCE shutoffs, the additional backup time allows IT staff to safely shut down systems even after normal working hours, minimizing potential disruptions and data loss.
Coordination with Temporary Generator Operations
•Current protocol requires a minimum of 25 minutes to connect UPS units to a temporary generator when staff are on site. The proposed UPS units’ extended backup capability ensures that there is sufficient time to complete this connection, ensuring continuous power supply during outages.
Future Replacement Strategy
The current proposal focuses specifically on City Hall and Police Department buildings. Moving forward, the City plans to implement a broader replacement strategy for UPS units across other sites through ongoing, smaller-scale replacements. The new Lithium-Ion UPS units at City Hall and the Police Department would be replaced every 6 years. In parallel, existing Lead-Acid units will be maintained and repurposed for less critical applications at other sites, ensuring that all City facilities are adequately supported with efficient and reliable backup power solutions.
Vendor Selection/Recommendation for Computer Equipment Purchases To ensure the City receives the most competitive pricing on the purchase of computer equipment as well as streamline the ongoing purchase of this equipment, the IT Department and Finance Department completed the following process:
1. Identified available cooperative purchasing agreements for the purchase of such equipment.
2. Solicited informal quotes from various vendors with cooperative purchasing agreements for comparative pricing. The structure and pricing of cooperative purchasing agreements can vary, and the City sought comparative pricing to secure the lowest available pricing of such equipment.
Cooperative purchasing agreements let public agencies purchase goods and services through contracts already competitively solicited and awarded by a lead public entity. By participating in cooperative purchasing, organizations can save time and resources. It also allows them to access a wider range of products and services at potentially lower costs. The lead agency conducts the solicitation and bid/RFP process, sets the terms, and awards the contract to a supplier. Other agencies can also use the contract with competitive pricing and terms. Cooperative structures can vary, and thus their purchasing agreements may differ in several aspects such as: terms and conditions, contract offerings, access to documentation and fees and rebates. Understanding these variations helps agencies choose the cooperative that best meets their needs. Menifee Municipal Code Section 3.12.070 (6) allows for the purchase of supplies, equipment and non- professional services through cooperative purchasing agreements.
Item Title: 10.9
Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups Item Page Number: 3
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Competitive quotes were requested from three prospective vendors with cooperating purchasing pricing through National Cooperative Purchasing Alliance (NCPA), OMNIA, and California multiple Award Schedules (CMAS) programs. The City received responses back from three vendors for Battery Backups as summarized in Table 1 on the following page.
TABLE 1 – BATTERY BACKUPS
Vendor Name Lowest
Pricing Pricing Cooperative Agreement
Number
Howard Technology Solutions $145,380.26 CA CMAS Contract 3-24-03-1042 Saitech, Inc. X $131,408.60 NCPA 01-170
SHI $151,257.94 OMNIA 2018011-02
Saitech, Inc., was chosen based on being the lowest bidder.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact for the proposed purchase with Saitech is $131,408.60. Funding for the proposed purchase would be appropriated into the FY 2024/2025 budget within the IT Fund in the Capital Outlay account for Equipment (1110-ITD-ITAD-660010) out of available fund balance.
ATTACHMENTS
1. Saitech Inc – NCPA Quote
2. Saitech Inc NCPA 01-170 Agreement
3. Budget Amendment Resolution (BAR)
Item Title: 10.9
Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups Item Page Number: 4
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Quote
Date
2/17/2025
Quote #
22944
Company Name / Address
City of Menifee
Michelle Sarkissian
| 29844 Haun Road | Menifee, CA 92586
Saitech Inc
42640 Christy St
Fremont, CA 94538
877-440-0256
www.shopsaitech.com
Terms
Net 30
Quote Expires...
3/19/2025
Rep
AK
Contract
NCPA
WarrantyStock
Manufactures
Phone #
877-440-0256
Fax #
510-440-0257 Total
Item Description ConditionQty MS...Unit Cost Total
SRTL3KRM1UNC APC Smart-UPS Ultra SRTL3KRM1UNC - UPS
(rack-mountable) - AC 120/125 V 3000 Watt - 3000 VA - USB, Ethernet - output connectors: 6 - 1U APC by Schneider Electric - Part#: SRTL3KRM1UNC
7 5,329.00 37,303.00
WEXTWAR1YR-SP... APC Extended Warranty - Extended service agreement - parts (for Li-Ion Smart-UPS level 15) - 1 year - shipment - response time:
NBD APC by Schneider Electric - Part#:
WEXTWAR1YR-SPL-15
7 346.00 2,422.00
SRTL50RMBP1U-LI APC Smart-UPS Ultra - External battery pack (rack-mountable) - 1 x battery - lithium-ion - 18.85 Ah - 1U - for P/N:
SRTL2K2RM1UWNC, SRTL3KRM1UC, SRTL5KRM2UJ,
SRTL5KRM2UT APC by Schneider Electric - Part#:
SRTL50RMBP1U-LI
24 2,499.00 59,976.00
SRTL5KRM2UT APC Smart-UPS Ultra - UPS (rack-mountable / external) (high density) - on-line, 5kVA, network card, with rail kit - AC 208/240 V - 4900 Watt - 4900 VA - lithium ion -output connectors: 4 - 2U - 3.05 m cord - black APC by Schneider Electric - Part#:
SRTL5KRM2UT
1 7,850.00 7,850.00
WEXTWAR1YR-SP... APC Extended Warranty - Extended service agreement - parts (for Li-Ion Smart-UPS level 16) - 1 year - shipment - response time:
NBD - for P/N: SRTL10KRM4UT, SRTL8KRM4UT APC by
Schneider Electric - Part#: WEXTWAR1YR-SPL-16
1 679.00 679.00
SRTL180RM2UBP APC Smart-UPS On-Line SRTL180RM2UBP - External battery pack (rack-mountable /external) - lithium ion - 2U - for P/N:
SRTL10KRM4UT, SRTL8KRM4UT APC by Schneider Electric -
Part#: SRTL180RM2UBP
3 4,285.00 12,855.00
Shipping FOB Destination 0.00 0.00
CA State Sales Tax CA - Sales tax 8.75% 10,323.60 10,323.60
Item Title: 10.9
Purchase Order with Saitech, Inc. for Information Technology Server Room Battery Backups Item Page Number: 5
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Quote
Date
2/17/2025
Quote #
22944
Company Name / Address
City of Menifee
Michelle Sarkissian
| 29844 Haun Road | Menifee, CA 92586
Saitech Inc
42640 Christy St
Fremont, CA 94538
877-440-0256
www.shopsaitech.com
Terms
Net 30
Quote Expires...
3/19/2025
Rep
AK
Contract
NCPA
WarrantyStock
Manufactures
Phone #
877-440-0256
Fax #
510-440-0257 Total
Item Description ConditionQty MS...Unit Cost Total
This quote is based on NCPA # 01-170
$131,408.60
Item Title: 10.9
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1 NCPA 01-97 version 2/15/24
PARTICIPATING DEALER AGREEMENT
This Participating Dealer Agreement ("Agreement") is made and entered into as of the last date of signature below ("Effective Date") by and between ___________________________________ ("Reseller"), having its place of business at __________________________________________ and TD SYNNEX Corporation ("TD SYNNEX"), having its place of business at 39 Pelham Ridge Dr. Greenville, SC 29615-593939.
BACKGROUND
This Agreement governs the appointment of Reseller as a nonexclusive authorized reseller of Products (as defined below) through the NCPA 01 -170 Advanced Technology Solutions Aggregator (“Contract”). The General Terms and Conditions comprising the body of this Agreement set forth the general terms of such appointment.
AGREEMENT DOCUMENTS
The parties agree to be bound by this Agreement, which consists of this signature page, the General Terms and Conditions, and any Exhibits attached hereto (if any):
The duly authorized representatives of the parties have executed and delivered this Agreement as of the Effective Date.
TD SYNNEX Corporation
By: By:
Name: Name:
Title: Title:
Date: Date:
Saitech Inc
SAITECH INC.
42640 Christy St, Fremont ,CA 94538
Sam Sharma
May 10, 2024
E-SIGNED by Sam Sharma on 2024-05-10 20:27:27 GMT
May 13, 2024
P.S.A.
Ed Somers
Vice President Sales
May 13, 2024
E-SIGNED by Ed Somers on 2024-05-13 12:39:09 GMT
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GENERAL TERMS AND CONDITIONS
SECTION 1 DEFINITIONS.
1.1 “Confidential Information” shall mean the information of a party, which information is conspicuously marked with “Confidential,” or “Proprietary” or other similar legend. If Confidential Information is orally disclosed it shall be identified as such at the time of disclosure and a brief written non-confidential description of the information and confirmation of the confidential nature of the information shall be sent to the recipient within thirty (30) days after the disclosure. Quantities, schedules, pricing, sales reports and inventory reports shall be considered Confidential Information hereunder whether disclosed orally or in writing, or whether or not ma rked “Confidential” or “Proprietary.” Confidential Information does not include information that: (1) was in the possession of, or was known by, the receiving party prior to its receipt from the disclosing party, without an obligation to maintain its confidentiality; (2) is or becomes generally known to the public without violation of this Agreement; (3) is obtained by the receiving party from a third party, without an obligation to keep such information confidential; or (4) is independently developed by the receiving party without use of Confidential Information.
1.2 “Customer” means end-users authorized to purchase through the Contract.
1.3 “Reseller” shall have the meaning set forth in the signature page 1.
1.4 “Contract Price List” is the negotiated contractual pricing for the Products.
1.5 “Products” means the products that are available to be sold through the Contract.
SECTION 2 APPOINTMENT AND LICENSE.
2.1 Appointment, License Grant and Sublicense. Subject to the terms and conditions of this Agreement and the qualification requirements delineated herein, TD SYNNEX hereby appoints Reseller, and Reseller hereby accepts the appointment, as a non -exclusive authorized Dealer of Products to Customers who can purchase through the Contract. TD SYNNEX grants to Reseller a nontransferable and nonexclusive license during the term of this Agreement to distribute the Products and any software (only as incorporated in the Products) to Customers.
2.2 Authority. Except as expressly set forth in this Agreement, Reseller will have no authority to bind TD SYNNEX or its suppliers to any contract, representation, understanding, act or deed concerning TD SYNNEX, its suppliers or any Products covered by this Agreement without TD SYNNEX’s prior written consent. This Agreement will not be deemed to establish a joint venture or partnership. Reseller will make no warranties or representations, such as representations concerning prices, terms of delivery and p ayment, or conditions of sale, relating to the Products unless TD SYNNEX authorizes such warranties and representations in writing. The parties recognize and agree that the reseller relationship referenced herein does not establish privity of contract between Reseller and Customer. Reseller expressly understands that the scope of its representation is limited to the terms of this Agreement.
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2.3 Sales to End Users Only. Unless otherwise authorized by TD SYNNEX in writing, Reseller shall only sell Products to Customers who do not intend to further remarket such Products.
2.4 Reserved Rights. This Agreement shall in no way limit TD SYNNEX’s ability to sell, directly or indirectly, any Products to any Customers, and Reseller shall not be entitled to any commission or other compensation with respect to such sales. TD SYNNEX shall be entitled to appoint other reseller(s) for any Customers without notice or liability to Reseller.
2.5 Procurement of Products. Any Products sold to Customer by Reseller under the Contract must be procured through TD SYNNEX.
SECTION 3 RESELLER OBLIGATIONS.
3.1 Contract Pricing. Reseller shall comply with the approved product and pricing of the Contract. The Contract Pricing will be maintained for the term of this Agreement, including any extensions.
3.2 Warranty. Contract Pricing includes the standard warranty provided by the manufacturer.
Additional extensions of the warranty beyond the standard warranty will be an additional cost to the Customer.
3.3 Ordering Instructions. Reseller agrees to send orders to TD SYNNEX t hrough a TD SYNNEX approved method. Reseller is responsible for providing the End User Purchase Order for a contract order to be placed. Reseller is responsible for ensuring that only authorized employees place, change or delete orders and that the orders conform to all requirements of this Agreement.
3.4 Customer Purchase Order Forms. Reseller agrees to provide a copy of the Customer’s purchase order when placing an order to TD SYNNEX through this Contract.
3.5 Audit. TD SYNNEX shall, at all reasonable times and for five (5) years after termination or expiration of this Agreement, have full access to Reseller’s books, records, files and related correspondence relating to Reseller’s performance under this Agreement.
3.6 Reseller Services. Reseller must request a one-off approval from TD SYNNEX to include their services in a contract quote and/or order.
3.7 Contract Terms and Conditions. Reseller agrees to comply with the terms and conditions of the Contract at R200803_SYNNEX_MAD_2020_08_25.pdf (omniapartners.com).
SECTION 4 ORDERS, PAYMENT, AND DELIVERY
4.1 Ordering Information. Reseller shall ensure that Customers are eligible to purchase through the Contract.
4.2 Order Acceptance. All orders shall be subject to TD SYNNEX’s acceptance, and TD SYNNEX shall have no liability for any orders it rejects.
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4.3 Shipment and Payment. The negotiated price includes delivery to the Customer, FOB Destination standard ground freight within the continental US only. Customers may be charged additional fees if shipment must be expedited, requires special handling or delivery and/or OCONUS delivery.
4.4 Timely Shipment. TD SYNNEX will use commercially reasonable efforts to meet the Customer’s requested delivery date at the location specified by the Customer.
4.5 Timely Processing. Reseller will use its best commercial efforts to process orders and to provide customer service and support in a timely manner.
4.6 Payment. Reseller shall pay TD SYNNEX invoiced amounts in U.S. dollars within the terms of their reseller account.
SECTION 5 ADDITIONAL DUTIES OF RESELLER.
5.1 Best Efforts. Reseller shall use its best efforts to promote and sell the Products to Customers, all consistent with good business ethics and in a manner that will reflect favorably on TD SYNNEX.
5.2 Compliance. Reseller shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and executive orders. If either party receives any notice or becomes aware of any violation of any applicable law, statute, rule, regulation or ordinance by the Products or the distribution thereof, such party shall promptly notify the other party of such notice or violation.
5.3 Conduct of Reseller. Reseller shall at all times refrain from engaging in any illegal, unfair, or deceptive trade practices or unethical business practices whatsoever. Reseller shall not make any false or misleading representations to Customers or other persons with regard to TD SYNNEX or the Products. Reseller shall not make any representations with respect to the specifications, features, or capabilities of Products which are not consistent with those described in the manufacturer’s publicly available Product documentation.
5.4 Reporting - Administrative Fees - Contacts.
(A) Reporting. Once a month s ales reporting is required for contract transactions not recorded through your TD SYNNEX Account. Monthly sales reporting consists of a completed Transaction Sales Report Template, Reseller’s Purchase Orders (“POs”) issued to TD SYNNEX and the end -user Customer’s POs issued to Reseller. The Transaction Sales Report shall be submitted online at https://www.synnexcorp.com/us/govsolv/monthly-contract-reporting/ along with copies of the required PO’s. For the avoidance of doubt, Reporting is a mandatory requirement of the Contract and the Agreement.
(B) Administrative Fees. Reseller is responsible for payment of the Contract fee: 0.80% or 80 Bps for Commodity Products and 2.00% or 200 Bps for Enterprise Products associated with this Agreement (the “Administrative Fee”). TD SYNNEX will therefore include the associated fees in each quotation provided to Reseller and billed accordingly to Reseller.
5.5 No Contract Modification. Reseller shall not alter, change, or modify in any way, any contract or order under any contract between TD SYNNEX and any Customer. Reseller will Item Title: 10.9
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indemnify and hold TD SYNNEX harmless from any alteration, change, or modification to a contract between TD SYNNEX and any Customer caused by the actions of Reseller.
5.6 Failure to comply with any of the provisions of this section will result in immediate termination of the Agreement by TD SYNNEX at will.
SECTION 6 QUALIFICATIONS OF RESELLER.
6.1 Good Standing. Reseller’s business and credit accounts with TD SYNNEX must be current and in good standing. Reseller cannot have defaulted on any Reporting, or payments due to TD SYNNEX and must have a history of prompt and timely payments for all amounts due TD SYNNEX.
6.2 Reseller Financials. Reseller agrees to provide TD SYNNEX with updated credit information on request. Reseller understands and agrees that TD SYNNEX may order a credit report in connection with the Agreement.
SECTION 7 CONFIDENTIALITY.
7.1 Confidentiality Obligations. The receiving party shall protect the confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the same manner and with the same degree of care (but in no eve nt less than a reasonable degree of care) as it uses in protecting its own information of a confidential nature for a period of three (3) years from the date of such disclosure. Each party must inform its employees having access to the other’s Confidential Information of restrictions required to comply with this Section 7.1. Each party agrees to provide notice to the other immediately after learning of or having reason to suspect a breach of any of the restrictions of this Section 7.1. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by applicable law, provided that the receiving party uses reasonable efforts to limit the disclosure and provides the disclosing party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
Each party retains for itself all proprietary rights it possesses in and to all of its own Confidential Information. Accordingly, Confidential Information which the disclosing party may furnish to the receiving party shall be in the receiving party’s posse ssion pursuant only to a restrictive, nontransferable, nonexclusive license under which the receiving party may use such Confidential Information under the terms of this Agreement, solely for the purposes of satisfying its obligations hereunder. Each party understands that the party receiving Confidential Information may now or in the future be developing proprietary information internally, or receiving proprietary information from third parties in confidence that may be similar to disclosed Confidential Information. Nothing in this Agreement shall be construed as a representation or inference that the receiving party will not develop products, for itself or others, that compete with the products, processes, systems or methods contemplated by disclosed Confidential Information. Each party acknowledges that any material violation of the rights and obligations provided in this Section 7.1 may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding Section 13.6, each Item Title: 10.9
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party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.
SECTION 8 STAFFING.
8.1 Staffing. Each of the parties agrees not to solicit, hire or engage any employees of the other party that are directly involved in the activities of the other party in connection with this Agreement during the period such employees are employed by the other party and for a period of one hundred eighty (180) days after the date of such employee’s termination of employment from the other party. Each party acknowledges that any material violation of the rights and obligations provided in this Section 8.1 may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding Section 13.6, each party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.
SECTION 9 LIMITATION OF LIABILITY.
9.1 EXCEPT FOR A BREACH OF SECTION 5 OR SECTION 7.1 OR SECTION 8.1, IN NO
EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES OR COSTS HOWSOEVER ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL EITHER PARTY BE
LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOSS, DAMAGE, OR
INJURY OF A NY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS AND CONDITIONS, OR ANY AGREEMENTS INTO WHICH THEY ARE
INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE
TERMS AND CONDITIONS, IN EXCESS OF THE NET PURCHASE PRICE OF THE
PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR HEREUNDER THAT GIVES RISE TO THE CLAIM.
SECTION 10 INDEMNIFICATION.
10.1 Reseller Indemnification. Reseller will indemnify, defend and hold harmless TD SYNNEX, its dealers, employees, successors, assigns, parent company and affiliated companies (each individually an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all claims, demands, causes of action, expenses (including reasonable attorneys’ fees) and liabilities, arising out of Reseller’s acts or omissions relating in any way to its activities in connection with this Agreement, or actual or alleged misrepresentation relating t o any of the Indemnified Parties, the Products or this Agreement, rega rdless of the form of action. Reseller shall pay any damages and costs assessed against the Indemnified Parties in connection with such claim. Any Indemnified Party shall have the right, at its own expense, to participate and be represented in any such act ion, suit or proceeding by its own attorneys. Reseller shall not enter into any settlement that affects an Indemnified Party’s rights or interests without such Indemnified Party’s prior written approval.
Item Title: 10.9
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10.2 TD SYNNEX Indemnification. TD SYNNEX will indemnify, defend and hold harmless Reseller from and against any and all claims, demands, causes of action, expenses (including reasonable attorneys’ fees) and liabilities, arising out of TD SYNNEX’s wrongful acts or omissions relating in any way to its activities in connection with this Agreement, or actual or alleged misrepresentation relating to the Products or this Agreement, regardless of the form of action. TD SYNNEX shall pay any damages and costs asse ssed against Reseller in connection with such claim. Reseller shall have the right, at its own expense, to participate and be represented in any such action, suit or proceeding by its own attorneys. TD SYNNEX shall not enter into any settlement that affects Reseller’s rights or interests without Reseller’s prior written approval.
SECTION 11 INTELLECTUAL PROPERTY.
11.1 Nothing contained in this Agreement shall give Reseller any interest, license or right in any trademark, name, logo, or other trade designation of TD SYNNEX or any TD SYNNEX parent or affiliated company. Reseller agrees that it will not at any time during or after this Agreement assert or claim any interest in, or do anything that may adversely affect the validity or enforceability of, any trade name, trademark or logo belonging to or licensed to any TD SYNNEX parent or affiliated company or the rights therein.
SECTION 12 TERM AND TERMINATION.
12.1 Term. The initial term of this Agreement shall commence on the Effective Date of this Agreement and extend for the life of the Contract unless terminated according to one or more of the following provisions:
(A) At any time upon the mutual written agreement of both parties; (B) By either party with or without cause upon thirty (30) days prior written notice of termination to the other party;
(C) By either party, following a material breach of this Agreement by the other party and the breaching party’s failure to cure such breach within thirty (30) days of it receiving written notice of such breach;
(D) By TD SYNNEX, immediately by written notice, in the event Reseller breaches Section 5; and
(E) By either party upon the other party seeking an order for relief under the bankruptcy laws of the United States or similar laws of any other jurisdiction, a composition with or assignment for the benefit of creditors, or dissolution or liquidation.
Notwithstanding the foregoing, TD SYNNEX may in its sole discretion, and without any further liability or obligation of any kind, revoke its appointment of Reseller by providing five (5) business days written notice.
12.2 Effect of Termination. The termination of this Agreement shall in no way affect the obligations of either party regarding orders accepted by TD SYNNEX prior to the effective date of such termination.
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12.3 Return of Confidential Information. Upon termination of this Agreement by either party, each party shall return all originals and copies of Confidential Information or destroy the same with certification of such destruction, provided, however, that the Receiving Party may retain an archival copy of Confidential Information as required by record retention policies or law.
12.4 Survival. Provisions herein which by their nature extend beyond the termination or expiration of this Agreement will remain in effect until fulfilled.
SECTION 13 MISCELLANEOUS.
13.1 Entire Agreement and Modification. This Agreement shall constitute the entire agreement between the parties with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties relating to such transactions. The Exhibits attached hereto are considered to be a part of this Agreement. No modification of this Agreement shall be binding, unless in writing and signed by an authorized representative of each party.
13.2 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither party hereto shall in any way sell, transfer, assign, or otherwise dispose of any of the rights, privileges, duties and obligations granted or imposed upon it under this Agreement; provided, however, TD SYNNEX shall have the right to assign its rights, duties and responsibilities under this Agreement to an affiliate of TD SYNNEX.
An affiliate of TD SYNNEX means any corporation, partnership or other business entity which controls, is controlled by, or is under common control with TD SYNNEX.
13.3 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal, or unenforceable pr ovision or provisions would result in a failure of consideration under this Agreement, such invalidity, illegality or unenforceability shall be severed and shall not affect any other provision hereof. Furthermore, the severed provision shall be replaced by a provision which comes close so such severed provision, or part thereof, in language and intent, without being invalid, illegal or unenforceable.
13.4 Force Majeure. Neither party shall be liable to the other for any delay in performance or failure to perform, in whole or in part, due to labor dispute, strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority, judicial action, computer virus or worm, or similar causes beyond the reasonable control of such party. If any event of force majeure occurs, the party affected by such event shall promptly notify the other party of such event and take all reasonable actions to avoid the effect of such event.
13.5 Independent Contractor. TD SYNNEX and Reseller are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties.
13.6 Disputes. Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event that such good faith settlements fail, excluding any and all disputes and controversies arising out of or in connection with Sections 7.1 or 8.1, any and all Item Title: 10.9
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other disputes and controversies of every kind and nature between the parties arising out of or in connection with the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination of this Agreement shall be submitted to binding arbitration, pursuant to the Rules of the American Arbitration Association, before a single arbitrator in Alameda County, California. In the event the parties cannot agree on the arbitrator, then an administrator of the American Arbitration Association shall select an appropriate arbitrator from among arbitrators of the American Arbitration Association with experience in commercial disputes related to technology products. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgment, reasonable attorneys’ fees and court costs.
13.7 No Waiver. The failure of either party to require performance by the other party of any provision of this Agreement shall not affect the full right to require such performance at any later time, nor shall the waiver by a party of a breach of any provision of this Ag reement be taken or held to be a waiver of the provision itself.
13.8 Jurisprudence. This Agreement shall be governed by and construed in accordance with the laws of California and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
13.9 Notice. All written notices required by this Agreement must be delivered in person or by means evidenced by a delivery receipt and will be effective upon receipt.
13.10 Exhibits. If any Exhibit is attached hereto such Exhibit is incorporated herein by reference.
The parties may amend any Exhibit from time to time by entering into a separate written agreement, referencing such Exhibit and specifying the amendment thereto, signed by an authorized employee of each of the parties.
* * * * * * *
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RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
IT ISF 1110 Adopted FY 2024/25 Revenue Budget: $6,107,828.00
1. Record Appropriation(s):
Amended IT ISF 1110 FY 2024/25 Revenue Budget: $6,148,138.00 IT ISF 1110 Adopted FY 2024/25 Expenditure Budget: $6,107,828.00
2. Record Appropriation(s):
Amended IT ISF 1110 FY 2024/25 Expenditure Budget: $7,160,666.58
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments
1110-00-XNC-XNCL-
000-00000-438000- $40,310.00
TOTAL: $40,310.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $670,000.00 July 1, 2024 FY2023/2024 Carryovers Various 251,429.98
March 5, 2025
Purchase of UPS Backup
Batteries from Saitech, Inc.
1110-55-ITD-ITAD-000-
00000-660010- $131,408.60
TOTAL: $1,052,838.58
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Amending the Fiscal Year 2024/25 IT Internal Service Fund (ISF) Budget Universal Power Supply Backup Batteries
2 5
0 1
1 6
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the IT ISF 1110 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
N/A $0.00
Amended IT ISF 1110 FY2024/25 Budget $6,148,138.00
Expenditures:
Purchase of UPS Backup Batteries from Saitech, Inc. $131,408.60 Amended IT ISF 1110 FY2024/25 Budget $7,160,666.58 PASSED, APPROVED AND ADOPTED this 5th day of March, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.9
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CITY OF MENIFEE
SUBJECT: Transportation Uniform Mitigation Fee Reimbursement Agreement with Western Riverside Council of Governments for the Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager, or their designee, to execute the Transportation Uniform Mitigation Fee (TUMF) Program Reimbursement Agreement with Western Regional Council of Governments (WRCOG) for the Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project, Capital Improvement Program (CIP) Project No. 25-13, for a total not-to-exceed amount of $500,000; and
2. Adopt a budget amendment resolution approving an increase in the Fiscal Year 2024/2025 CIP budget by appropriating $500,000 in revenues and expenditures to accounts assigned by the Finance Department in the TUMF Fund.
DISCUSSION
The Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project, CIP No. 25-13 (“Project”) is identified in the City’s General Plan as a long-range capital project necessary to address the increased traffic demand resulting from the commercial and residential development in the surrounding vicinity. The Project would construct an overpass to traverse the existing railroad tracks and realign Highway 74, Ethanac Road, and Antelope Road. The Project would include drainage, street lighting, and traffic signal improvements and would enhance multi-modal transportation by eliminating the current railroad crossing barrier and install sidewalks and dedicated bicycle lanes. The Project is currently in the preliminary planning phase with a feasibility study expected to be conducted in the upcoming months to determine the environmental, drainage, and right-of-way constraints.
Funds have been allocated to the Project through WRCOG’s TUMF Program to support the preparation of a feasibility study (“Study”), which would prepare alternative alignments (horizontal Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 1
Menifee Mayor and City Council
March 5, 2025
Page
318 of 831
City of Menifee Staff Report
CIP 25-13 TUMF Reimbursement Agreement
March 5, 2025
2 5
7 4
and vertical) to be further analyzed during subsequent phases of the Project. The Study would consist of analyzing the potential impacts of the proposed Project to the existing right-of-way, utilities, drainage, environment, and traffic conditions within the surrounding area. The Study would coordinate requirements between the City, Caltrans, and the Riverside County Transportation Commission for the roadway realignments and railroad grade separation. The Study would also analyze the impacts of proposed development in the area to ensure required right-of-way is reserved for the future improvements. The proposed TUMF Reimbursement Agreement (“Agreement”) outlines the funding requirements, conditions, and provisions are scheduled to be approved by the WRCOG Executive Committee on March 15, 2025, to allocate funds to the Project which are eligible or reimbursement.
The amount of the proposed Agreement exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed reimbursement agreement is for a total amount not-to-exceed $500,000. The Finance Department would appropriate corresponding TUMF WRCOG revenues (2301-433550) and expenditures within the TUMF Fund for CIP Transportation projects (2310- PWD-CIPS-760000) in the amount of $500,000, as summarized in Table 1 Below.
TABLE 1 – PROJECT BUDGET
Fund Project Account String Revenue Budget Expenditure Budget TUMF Fund CIP25-13.2310.PRE.CAE $500,000 $500,000
TOTAL $500,000 $500,000
ATTACHMENTS
1. Project Location Map
2. Agreement
3. Budget Amendment Resolution
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
319 of 831
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
320 of 831
PW-TR-14
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT TO REIMBURSE TUMF FUNDS
ETHANAC ROAD / STATE ROUTE 74 REALIGNMENT
FEASIBILITY STUDY
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the CITY OF MENIFEE, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.
RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).
B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.
C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for Ethanac Road / State Route 74 at the Riverside County Transportation Commission Railroad Corridor Grade Separation, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
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321 of 831
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4) CON – Construction
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.
4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.
5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
322 of 831
PW-TR-14
AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.
6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.
7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.
8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.
9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 6
Menifee Mayor and City Council
March 5, 2025
Page
323 of 831
PW-TR-14
AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.
10. AGENCY’s Local Match Contribution. “AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.”
11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates NICOLAS FIDLER, PUBLIC WORKS DIRECTOR, or his designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.
13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 7
Menifee Mayor and City Council
March 5, 2025
Page
324 of 831
PW-TR-14
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.
16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.
17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 8
Menifee Mayor and City Council
March 5, 2025
Page
325 of 831
PW-TR-14
Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 9
Menifee Mayor and City Council
March 5, 2025
Page
326 of 831
PW-TR-14
(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.
23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.
24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 10
Menifee Mayor and City Council
March 5, 2025
Page
327 of 831
PW-TR-14
25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.
26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.
27. Time of Essence. Time is of the essence for each and every provision of this Agreement.
28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.
29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.
30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.
31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.
32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of Menifee
29844 Haun Road
Menifee, California 92586
Attn: Nicolas Fidler, Public Works Director
Telephone: (951) 723-3703
Facsimile: (951) 679-3843
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 11
Menifee Mayor and City Council
March 5, 2025
Page
328 of 831
PW-TR-14
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.
34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.
36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.
38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 12
Menifee Mayor and City Council
March 5, 2025
Page
329 of 831
PW-TR-14
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCILCITY OF MENIFEE
OF GOVERNMENTS
By: Date: By: Date:
Dr. Kurt Wilson Armando G. Villa
Executive Director City Manager
Approved to Form: Approved to Form:
By: Date: By: Date:
Steven C. DeBaun Jeffrey T. Melching
General Counsel City Attorney
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 13
Menifee Mayor and City Council
March 5, 2025
Page
330 of 831
PW-TR-14
Exhibit A
EXHIBIT “A”
SCOPE OF WORK
SCOPE OF WORK:
The project proposes realigning State Route 74 to the east with Ethanac Road to the west at Antelope Road to address connectivity issues and traffic operations for the existing and future conditions. The project also proposes a grade separation at the existing Riverside County Transportation Commission Railroad Corridor, future alignment of Metrolink, which is expected to be to be extended in the future.
The Work consists of preparing a Feasibility Study for the project that analyses the potential impacts of the proposed project to the existing right-of-way, utilities, drainage, environment, and traffic for the surrounding area. The Study will coordinate requirements with the City of Menifee, Caltrans and Riverside County Transportation Commission for the roadway realignments and grade separation. The Study will also analyze the impacts of proposed development in the area to ensure required right of way is reserved for the future improvements.
The Feasibility Study will prepare alternative alignments (horizontal and vertical) that will be further analyzed during subsequent phases of the project.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 14
Menifee Mayor and City Council
March 5, 2025
Page
331 of 831
PW-TR-14
Exhibit A – 1
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
FEASIBILITY
STUDY $500,000 $0.00 $500,000
PA&ED
PS&E
RIGHT OF WAY
CONSTRUCTION
TOTAL
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 15
Menifee Mayor and City Council
March 5, 2025
Page
332 of 831
PW-TR-14
Exhibit A – 2
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated Start
Date
Estimated
Completion
Date
Estimated
Cost Comments
FEASIBILITY
STUDY 5/19/2025 12/31/2025 $500,000
PA&ED
PS&E
RIGHT OF WAY
CONSTRUCTION
TOTAL
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 16
Menifee Mayor and City Council
March 5, 2025
Page
333 of 831
[INSERT PROJECT #]
Exhibit B
Elements of Compensation
EXHIBIT “B”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.
3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.
4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.
5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.
6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.
7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 17
Menifee Mayor and City Council
March 5, 2025
Page
334 of 831
[INSERT PROJECT #]
Exhibit B
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.
Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________
8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.
If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.
9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 18
Menifee Mayor and City Council
March 5, 2025
Page
335 of 831
[INSERT PROJECT #]
Exhibit B-1
EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).
1.ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:
1.1.2.1 Direct Salary Costs ____________________
1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs ____________________
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 19
Menifee Mayor and City Council
March 5, 2025
Page
336 of 831
[INSERT PROJECT #]
Exhibit B-1
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $______________________.
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 20
Menifee Mayor and City Council
March 5, 2025
Page
337 of 831
[INSERT PROJECT #]
Exhibit B-1
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.
3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 21
Menifee Mayor and City Council
March 5, 2025
Page
338 of 831
[INSERT PROJECT #]
Exhibit B-1
3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.
Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 22
Menifee Mayor and City Council
March 5, 2025
Page
339 of 831
[INSERT PROJECT #]
Exhibit B-2
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .
The required support documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.
By: _____________________________
Name
Title
cc:
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 23
Menifee Mayor and City Council
March 5, 2025
Page
340 of 831
[INSERT PROJECT #]
Exhibit B-3
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 24
Menifee Mayor and City Council
March 5, 2025
Page
341 of 831
[INSERT PROJECT #]
Exhibit B-4
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 25
Menifee Mayor and City Council
March 5, 2025
Page
342 of 831
[INSERT PROJECT #]
Exhibit B-5
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 26
Menifee Mayor and City Council
March 5, 2025
Page
343 of 831
RESOLUTION NO. 25-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Transportation Uniform Mitigation Fee (TUMF)
Fund 2310 Adopted FY 2024/25 Revenue Budget: $0.00
1. Record Appropriation(s):
Amended TUMF Fund 2310 FY 2024/25 Revenue Budget: $9,055,519.19 TUMF Fund 2310 Adopted FY 2024/25 Expenditure Budget: $0.00
2. Record Appropriation(s):
Amended TUMF Fund 2310 FY 2024/25 Expenditure Budget: $9,275,475.64
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 1, 2024 FY2023/2024 Carryovers
2310-28-XNC-XNCL-
000-00000-433550- $8,555,519.19
March 5, 2025 TUMF: Fee Rebate for CIP 25-13
2310-28-XNC-XNCL-
000-00000-433550- 500,000.00
TOTAL: $9,055,519.19
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
July 1, 2024 FY2023/2024 Carryovers
2310-55-PWD-CIPS-
000-00000-760000- $8,775,475.64
March 5, 2025 TUMF: CIP 25-13
2310-55-PWD-CIPS-
000-00000-760000- 500,000.00
TOTAL: $9,275,475.64
Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 27
Menifee Mayor and City Council
March 5, 2025
Page
344 of 831
Amending the Fiscal Year 2024/25 TUMF Fund Budget
CIP 25-13 Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project TUMF 2 4
9 8
1 0
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the TUMF Fund 2310 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
TUMF Fee reimbursement for CIP 25-13 $500,000.00
Amended TUMF Fund 2310 FY2024/25 Budget $9,055,519.19
Expenditures:
CIP 25-13 Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project TUMF
$500,000.00 $0
Amended TUMF Fund 2310 FY2024/25 Budget $9,275,475.64 PASSED, APPROVED AND ADOPTED this 5th day of March, 2025. _____________________________
Ricky Estrada, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.10
Transportation
Uniform
Mitigation
Fee
Reimbursement
Agreement
with
Western
Riverside
Council
of
Governments
for
the
Ethanac Road/Antelope Road/Highway 74 Intersection Realignment Project Item Page Number: 28
Menifee Mayor and City Council
March 5, 2025
Page
345 of 831
CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Bogh Engineering for Construction Services for the Paloma Wash Pedestrian
Bridge Project
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Bogh Engineering for construction services for the Paloma Wash Pedestrian Bridge Project, Capital Improvement Project No. (CIP) 20-13, in a total not-to-exceed amount of $2,710,323.74.
DISCUSSION
The Paloma Wash Pedestrian Bridge Project, CIP 20-13 (“Project”) proposes to construct a multi- use elevated path over the Paloma Wash Channel (“Channel”) adjacent to Central Park. The Project would provide the residential and Civic Center areas west of the channel, as well as pedestrians and bicyclists, with a direct connection to the commercial areas along Haun Road, east of the Channel. The Project would improve connectivity and mobility between Central Park, City Hall, adjacent residential and commercial centers by allowing visitors and residents to walk or bike across the Paloma Wash Channel to attend events at the future Central Park Amphitheater and City Hall. Once completed, the Project would encourage residents and visitors of all ages to participate in family, community, and pet-friendly gatherings while enjoying the open outdoor space.
The Project would include the installation of a prefabricated weathered steel truss bridge, concrete abutments, retaining walls, Americans with Disabilities Act (ADA) compliant ramps, and paved walkways. The Project would also incorporate lighting and unique architectural elements creating an exciting, dynamic, and aesthetically pleasing destination, day or night, for all users. The Project supports the City’s Strategic Plan goal to enhance accessibility by providing a safe, multi-modal connection to the desirable destinations located within Town Center and Countryside Marketplace.
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 1
Menifee Mayor and City Council
March 5, 2025
Page
346 of 831
City of Menifee Staff Report
CIP 20-13 Bid Award
March 5, 2025
2 4
5 4
In September 2023, staff issued a formal bid for the manufacturing and delivery of a prefabricated bridge for the Project. On December 6, 2023, City Council approved the purchase of a prefabricated pedestrian bridge from Bridge Brothers, Inc. for the total amount not-to-exceed $812,746.43.
On February 6, 2025, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of ten bid submissions, as summarized in Table 1 below.
TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Base Bid Amount Lowest and
Responsible Bidder
Engineers Estimate $2,421,329.81
Bogh Engineering $ 2,710,323.74 X
RE Chaffee Construction Inc. $ 3,025,575.50
Sol Construction, Inc. $ 3,447,946.00
Marcon Engineering $ 3,767,177.40
Riverside Construction Company, Inc $ 3,866,260.00
Optima RPM, Inc. $ 3,883,578.68
Los Angeles Engineering, Inc. $ 3,948,000.00
Beador Construction Company, Inc $ 4,525,300.00
MCM Construction, Inc. $ 4,537,478.00
Griffith Company $ 4,636,442.85
Staff reviewed the lowest bid and determined that Bogh Engineering (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $2,710,323.74. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.
The total anticipated cost for the construction phase of the Project is $3,100,000, which includes the cost of the proposed Contract Services Agreement, construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.
The amount of the proposed Contract Services Agreement (“Contract”) exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
If approved by the City Council, the tentative Project schedule would be as follows:
Construction Start: April 2025
Construction End: September 2025
City Council Acceptance: December 2025
The timeline above assumes no delays due to weather or unforeseen conditions.
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 2
Menifee Mayor and City Council
March 5, 2025
Page
347 of 831
City of Menifee Staff Report
CIP 20-13 Bid Award
March 5, 2025
2 4
5 4
Environmental Impact
As the lead agency, the Community Development Department approved the project on May 10, 2023, and made the following determinations:
The proposed project will not have a significant effect on the environment. Impacts for the project area were previously addressed and mitigation measures adopted as part of the Town Center Specific Plan Environmental Impact Report.
1. Environmental Impact Report (EIR) No. 2010-152 (SCH#2009091022) was prepared for the Town Center Specific Plan development pursuant to the provisions of CEQA. No further environmental documentation is required because:
a. All potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR (SCH2009091022) adopted by the City of Menifee pursuant to applicable legal standards;
b. All potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted;
c. The proposed project will not result in any new significant environmental effects not identified in the earlier EIR;
d. The proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR;
e. No considerably different mitigation measures have been identified; and f. No mitigation measures found infeasible have become feasible.
2. Mitigation measures were made a condition of the approval of the Final EIR (FEIR) and are applicable to this project.
3. A Mitigation Monitoring and Reporting Plan/Program was adopted for the FEIR and the project is subject to the Program.
4. A Statement of Overriding Considerations was adopted for the Town Center Specific Plan project and applies to this application.
5. Findings were made pursuant to the provisions of CEQA.
A Notice of Determination (NOD) concurring with the above findings was submitted to the Riverside County Clerk-Recorder and the California Department of Fish and Wildlife on February 29, 2024.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Contract is in a total amount not-to-exceed $2,710,323.74.
Funding for the Contract is available in the FY 2024/2025 budget within the Quality-of-Life Fund (1105), Grant Fund (2301), Capital Fund (4320), Developer Impact Fee (DIF) 17 – Public Facilities Fund (2507), and DIF 17 – Trails Fund (2512), as summarized in Table 2 on the following page.
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 3
Menifee Mayor and City Council
March 5, 2025
Page
348 of 831
City of Menifee Staff Report
CIP 20-13 Bid Award
March 5, 2025
2 4
5 4
TABLE 2 – PROJECT BUDGET
Fund Project Account String Available Budget Requested
Amount
Quality-of-Life CIP13-04.1105.CON.CAE $2,142,105.56 $2,142,105.56 Grant Fund
(TDA - SB 821) CIP13-04.2301.CON.CAE $246,895.97 $246,895.97 Capital Fund CIP13-04.4320.CON.CAE $270,625.01 $270,625.01 DIF 17 – Trails CIP13-04.2512.CON.CAE $20,000.00 $20,000.00 DIF 17 – Public
Facilities CIP13-04.2507.CON.CAE $200,000.00 $30,697.20 General Fund CIP13-04.1100.CON.CAE $531,369.00 *$0
TOTAL $3,410,995.54 $2,710,323.74
*At this time, no General Fund money is being requested. Should additional funds be required to cover the total anticipated cost for the construction phase of the Project, there is sufficient budget available within the project General Fund account as shown in Table 2 above. No additional budget appropriation action(s) for the Project would be required.
ATTACHMENTS
1. Project Location Map
2. Contract
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 4
Menifee Mayor and City Council
March 5, 2025
Page
349 of 831
Haun Rd
Copyright nearmap 2015
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge.aprx Date: 5/11/2022 Paloma Wash Pedestrian Bridge (CIP 20-13)
Project Location Map
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 5
Menifee Mayor and City Council
March 5, 2025
Page
350 of 831
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PALOMA WASH PEDESTRIAN BRIDGE PROJECT, CIP 20-13
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and BOGH ENGINEERING, LLC, a Limited Liability Company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit B, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on March 5, 2025 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 6
Menifee Mayor and City Council
March 5, 2025
Page
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herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 7
Menifee Mayor and City Council
March 5, 2025
Page
352 of 831
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 8
Menifee Mayor and City Council
March 5, 2025
Page
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unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement.
In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 9
Menifee Mayor and City Council
March 5, 2025
Page
354 of 831
and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed
TWO MILLION SEVEN HUNDRED TEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS AND SEVENTY FOUR CENTS ($2,710,323.74) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
invoice, etc.;
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 10
Menifee Mayor and City Council
March 5, 2025
Page
355 of 831
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation.1. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor.
Also at Contractor’s expense, Contractor may direct investment of the payments into Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 11
Menifee Mayor and City Council
March 5, 2025
Page
356 of 831
securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 12
Menifee Mayor and City Council
March 5, 2025
Page
357 of 831
not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 13
Menifee Mayor and City Council
March 5, 2025
Page
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insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial:
Item Title: 10.11
Bid
Award
and
Agreement
with
Bogh
Engineering
for
Construction
Services
for
the
Paloma
Wash
Pedestrian
Bridge
Project
Item Page Number: 14
Menifee Mayor and City Council
March 5, 2025
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4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent).
No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this Item Title: 10.11
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additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: PALOMA WASH PEDESTRIAN BRIDGE PROJECT, CIP 20-13. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Item Title: 10.11
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Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified Item Title: 10.11
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and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;
b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect,
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defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
Item Title: 10.11
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https:/ /www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Item Title: 10.11
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Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Item Title: 10.11
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California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the Item Title: 10.11
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event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in the Special Provisions, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
Item Title: 10.11
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8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
Item Title: 10.11
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Item Page Number: 24
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KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and Item Title: 10.11
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City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Any and all reports prepared pursuant to this Subsection are in addition to the reports required by the Special Provisions, if any.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party
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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.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee,
Michael To, Project Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Bogh Engineering, LLC
Attn: Damian Garcia
401 W. 4th St.
Beaumont, CA 92223
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: «Staff_Contact», «Staff_Title»
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by Item Title: 10.11
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notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, Item Title: 10.11
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confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
«Contractor_Signature_1»
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
SPECIAL REQUIREMENTS
INTENTIONALLY OMITTED
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EXHIBIT B
SCOPE OF SERVICES
Services shall include PALOMA WASH PEDESTRIAN BRIDGE PROJECT, CIP 20-13 services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed TWO MILLION SEVEN HUNDRED
TEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS AND SEVENTY FOUR CENTS ($2,710,323.74) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.
Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-03B .
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with RSG, Inc. for Economic Development Strategy Consulting Services
MEETING DATE: March 5, 2025
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Economic Development Manager REVIEWED BY: Bryan Jones, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with RSG, Inc. for consulting services for the City’s Economic Development Strategy Update, in total not-to-exceed amount of $75,500 through June 30, 2026.
DISCUSSION
In the 2018 City Council Strategic Plan, Economic Development was identified as a priority for the City and staff. Through this process it was identified that an overall Comprehensive Economic Development Strategy (Economic Development Strategy) plan was needed for thoughtful and strategic economic development, to benefit the City both short and long term. The City’s first Economic Development Strategy was adopted by the City Council in 2019 and over the past five years Menifee has thrived under the direction outlined within the adopted plan.
As the City recently completed the initial term of its previous Economic Development Strategy, staff is preparing to develop an Economic Development Strategy to guide economic development efforts for the next five years. As the City continues to grow at a fast pace, it is critical that the City revisits the City’s Economic Development Strategy to ensure that economic development efforts are adapting and aligning to meet the current needs and dynamics of the City.
An Economic Development Strategy is an incremental plan that engages local and regional stakeholders, from both private and public sectors, to develop a blue print that guides economic development efforts. This plan aims to increase revenue for critical City services and amenities for residents, create needed jobs within the City, grow the business community, diversify Menifee’s local economy, and increase the City’s overall quality of life for residents.
Staff solicited proposals from qualified consultants to facilitate the development of an Economic Item Title: 10.12
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City of Menifee Staff Report
Economic Development Strategy Agreement
March 5, 2025