CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR
MEETING
WEDNESDAY, DECEMBER 14, 2022
Closed Session 5:30 PM | Regular Session 6:00 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106 WILDOMAR, CA 92595 Ben J. Benoit - Mayor/ Chair | District 1
Carlos Marquez - Council Member-Elect/ Trustee | District 1 Joseph Morabito - Mayor Pro Tem/ Council Member-Elect/ Vice Chair | District 3 Ashlee DePhillippo - Council Member-Elect/ Trustee | District 5 Bridgette Moore- Council Member/ Trustee | District 4
Dustin Nigg - Council Member/ Trustee | District 2
Daniel York, City Manager/General Manager Thomas D. Jex, City Attorney/District Counsel The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
1 A. SPECIAL ORDER OF BUSINESS
A.1 Declaring Election Results of the November 8, 2022 General Municipal Election
Presented By: Janet Morales
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
NOTICE:
City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.
CALL TO ORDER CLOSED SESSION - 5:30 P.M.
ROLL CALL
PUBLIC COMMENTS
CLOSED SESSION
The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.
RECONVENE INTO OPEN SESSION
ANNOUNCEMENTS
ADJOURN CLOSED SESSION
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
ROLL CALL
FLAG SALUTE
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
2 3. GENERAL BUSINESS
3.1 Appointment of Mayor and Mayor Pro Tem for 2023
RECOMMENDATION:
Appoint a Mayor and Mayor Pro Tem for 2023.
SPECIAL PRESENTATIONS
1. Recognition from the City Council to Ben J. Benoit for his years of service and serving as Mayor for 2022.
2. Recognition from other agencies to Ben J. Benoit for his years of service to the region and community.
SWEAR IN COUNCIL MEMBERS
The City Clerk or designee will deliver the Oath of Office to Council Members- Elect in District 1, 3 and 5.
REFRESHMENT BREAK
RECONVENE THE CITY COUNCIL MEETING
ROLL CALL
PRESENTATIONS
1. Elsinore Valley Municipal Water District- Septic to Sewer Presentation
2. Event Sponsor and City Partnership Recognition
3. Holiday Lights Contest Winners
4. 10 years of Service Recognition - Matthew Bassi
DEPARTMENT REPORTS
1. Police Department Quarterly Update
RECOMMENDATION:
Receive and file the report.
2. Fire Department Quarterly Update
RECOMMENDATION:
Receive and file the report.
3. Wildomar Library Quarterly Update
RECOMMENDATION:
Receive and file the report.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
3 1. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
1.1 Reading of Ordinances
RECOMMENDATION:
Approve the reading by title only of all Ordinances on this agenda.
1.2 Minutes- October 12, 2022, Regular Meeting
Presented By: Jandi Aguilar
RECOMMENDATION:
Approve the minutes as presented.
PUBLIC COMMENTS
This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that do not appear on the agenda.
COUNCIL COMMUNICATIONS
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Conservation Authority (RCA)
5. Riverside Transit Agency (RTA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. Southwest Community Financing Authority (Animal Shelter)
12. Ad Hoc & Subcommittees
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
4 1.3 Warrant Register November 2022
Presented By: Robert Howell
RECOMMENDATION:
Approve the following:
For Fiscal Year 2021/2022
1. Warrant Register dated 11-10-2022 in the amount of $998.93.
2. Warrant Register dated 11-17-2022 in the amount of $1,210.91.
For Fiscal Year 2022/2023
1. Warrant Register dated 11-03-2022 in the amount of $847,538.23.
2. Warrant Register dated 11-10-2022 in the amount of $99,316.78.
3. Warrant Register dated 11-17-2022 in the amount of $943,111.20.
4. Warrant Register dated 11-23-2022 in the amount of $43,690.49.
5. Wire Transfer Register dated 11-30-2022 in the amount of $12,083,411.22.
6. Payroll Register dated 12-01-2022 in the amount of $251,859.30.
1.4 October 2022 Treasurers Report
Presented By: Robert Howell
RECOMMENDATION:
Staff recommends that the City Council approve the Treasurer’s Report for October 2022.
1.5 General Plan Update Progress Report #6
Presented By: Matthew Bassi
RECOMMENDATION:
Receive and File the report.
1.6 Road Construction Updates
Presented By: Jason Farag
RECOMMENDATION:
Receive and file the Road Construction Updates from the Public Works/Engineering Department
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
5 1.7 Updating City's Conflict of Interest Code
Presented By: Janet Morales
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF INTEREST
CODE SET FORTH BY THE CALIFORNIA STATE FAIR POLITICAL PRACTICES
COMMISSION FOR ELECTED OFFICIALS, BOARD AND COMMISSION
MEMBERS AND EMPLOYEES OF THE CITY OF WILDOMAR
1.8 Community Event Partnership Policy
Presented By: Daniel Torres
RECOMMENDATION:
Staff recommends that the City Council approve the Community Event Partnership Policy
1.9 Popeyes Restaurant – Public Improvement Agreement RECOMMENDATION:
Authorize the City Manager to execute the Public Improvement Agreement with DMSD Cajun Properties, LLC.
1.10 Planning Commission Meeting Starting Time Change
Presented By: Matthew Bassi
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DESIGNATING THE TIME, DATE, AND LOCATION OF PLANNING COMMISSION MEETINGS; AND REPEALING RESOLUTION NO. 2012-33
1.11 Professional Service Agreement for Laserfiche with Complete Paperless Solutions (CPS).
Presented By: Janet Morales
RECOMMENDATION:
Authorize the City Manager to execute the agreement with Complete Paperless Solutions (CPS).
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
6 1.12 Allocation of Non-Profit Replacement Funding for Fiscal Year 2022/2023 Presented By: Robert Howell
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING THE BUDGETED ALLOCATION OF $17,500 FOR NON-PROFIT/CDBG REPLACEMENT FUNDING FOR FISCAL YEAR 2022/2023
1.13 City Holiday Calendar for 2023
Presented By: Robert Howell
RECOMMENDATION:
Receive and file the 2023 City Holiday Calendar
1.14 Right-of-Way Settlement Agreements for the Bundy Canyon Rd.
Improvement Project (Segment 1), CIP 026-1
Presented By: Jason Farag
RECOMMENDATION:
Authorize the City Manager to execute two Settlement Agreements related to rightof-way impacts caused by the Bundy Canyon Rd. Improvement Project, Segment
1. 2. PUBLIC HEARINGS
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
7 2.1 Consideration of Territory to be Annexed to Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 2
Presented By: Emily Stadnik
RECOMMENDATION:
1. Open the public hearing;
2. Take testimony;
3. Close the public hearing;
4. Adopt Resolution entitled:
RESOLUTION NO. 2022 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED
ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 2)
5. Hold the election;
6. Canvass the election; and
7. Adopt a Resolution entitled:
RESOLUTION NO. 2022 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 2)
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
8 2.2 Establishment of Community Facilities District No. 2022-3 (KB Homes Verano), Public Hearing
Presented By: Emily Stadnik
RECOMMENDATION:
Adopt the following Resolutions:
RESOLUTION NO. 2022 - ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF
THE CITY OF WILDOMAR, AUTHORIZING THE LEVY OF A SPECIAL TAX
THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING
CERTAIN ACTIONS RELATED THERETO
RESOLUTION NO. 2022 - ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF THE CITY OF WILDOMAR DETERMINING THE
NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $7,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF THE CITY OF WILDOMAR AND CALLING AN ELECTION
THEREIN
And
RESOLUTION NO. 2022 - ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF THE CITY OF
WILDOMAR CERTIFYING ELECTION RESULTS
Introduce and read by title only:
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES
3. GENERAL BUSINESS
3.2 Committees, Commissions, and Board Appointments for 2023 Presented By: Janet Morales
RECOMMENDATION:
1. Review the list of committees, commissions, and boards, update appointments, and/or add or remove committees as necessary.
2. Consider appointing two members to serve on a regional homeless task force committee.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
9 3.3 401(a) Governmental Deferred Compensation through MissionSquare Retirement (formally ICMA-RC)
Presented By: Robert Howell
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, IMPLEMENTING A 401(A) GOVERNMENTAL DEFERRED
COMPENSATION PLAN THROUGH MISSIONSQUARE RETIREMENT
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
Future Agenda Items
RECOMMENDATION:
Title- Councilmember-Anticipated Date
1. Firework Ordinance - Morabito - Feb 2023
2. Clinton Keith Road on/off Ramp Maintenance - Moore - Jan 2023
3. Specifications for Little Free Library and other community donated items - Morabito - Feb 2023
4. Amend Fencing Requirements - Benoit - TBD
5. Amend Multi-Family Design Guidelines - Benoit - TBD
ADJOURN THE CITY COUNCIL MEETING TO AN ADJOURNED REGULAR MEETING ON JANUARY 18, 2023
In accordance with Government Code Section 54952.3, I, Janet Morales, City of Wildomar City Clerk, do hereby declare that the Board of Trustees will receive no compensation or stipend for the convening of the following regular meeting of the Wildomar Cemetery District.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
ROLL CALL
PUBLIC COMMENTS
BOARD COMMUNICATIONS
APPROVAL OF THE AGENDA AS PRESENTED
The Board of Trustees to approve the agenda as it is herein presented, or, if it is the desire of the Board, the agenda can be reordered, added to, or have items tabled at this time.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
10 4. CEMETERY CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
4.1 November 9, 2022-Cemetery Minutes
Presented By: Jandi Aguilar
RECOMMENDATION:
Approve the minutes as presented.
4.2 Warrant Register Cemetery November 2022
Presented By: Robert Howell
RECOMMENDATION:
Approve the following:
For Fiscal Year 2022/2023
1. Warrant Register dated 11-03-2022 in the amount of $176.31.
2. Warrant Register dated 11-10-2022 in the amount of $2,848.19.
3. Warrant Register(s) dated 11-17-2022 in the amount of $1,095.90.
4.3 October 2022 Cemetery Treasurers Report
Presented By: Robert Howell
RECOMMENDATION:
Staff recommends that the Board of Trustees approve the Treasurer’s Report for October 2022.
5. CEMETERY PUBLIC HEARINGS
No items scheduled.
6. CEMETERY GENERAL BUSINESS
No items scheduled.
GENERAL MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING TO AN ADJOURNED REGULAR MEETING ON JANUARY 18, 2023
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
11 PARTICIPATION
The City of Wildomar encourages your participation in the meeting. The following options are available for the public to participate:
1. You may view the Regular Session meeting live on the City of Wildomar’s website at http://www.cityofwildomar.org or on cable TV through Frontier Channel 36 or AT&T channel
99. To view from the website, select the live stream link on the top of the front page.
2. You may participate in person.
PUBLIC COMMENT: During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. If you would like to speak on that item, please fill out a public comment card and submit it in the inbox at the front of the room. When the City Clerk announces your name, please come up to the podium. Public Comments are limited to 3 minutes or such other time as the Council may provide. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at 951-677-7751 x210.
REPORTS: All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address:
http://www.cityofwildomar.org/government/agendas___minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
AFFIDAVIT OF POSTING
I, Janet Morales, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
Janet Morales, CMC
City Clerk
Dated: 12/9/2022
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
12 CITY OF WILDOMAR
CC - REGULAR MEETING
CLOSED SESSION
Meeting Date: December 14, 2022
SUBJECT: The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.
PREPARED BY: Thomas Jex, City Attorney/District Counsel 13 CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # A.1
Meeting Date: December 14, 2022
SUBJECT: Declaring Election Results of the November 8, 2022 General Municipal Election
SUBMITTED BY: Janet Morales
PREPARED BY: Janet Morales, City Clerk
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW SUMMARY:
The City of Wildomar consolidated the City’s seventh General Municipal Election with the County of Riverside. The election was held on Tuesday, November 8, 2022, for the purpose of electing one Council Member in District 1 for a full term of four years, one Council Member in District 3 for a full term of four years and one Council Member in District 5 for a full term of four years.
BACKGROUND:
CITY COUNCIL - DISTRICT 1
Mayor Benoit holds the seat in District 1 and did not pull papers to run for re-election. At the end of the extended nomination period, Chuck Jones and Carlos Marquez qualified.
CITY COUNCIL - DISTRICT 3
Mayor Pro Tem Morabito holds the seat in District 3. At the end of the nomination period, Matthew Baldwin and Joseph Morabito qualified.
CITY COUNCIL - DISTRICT 5
Council Member DePhillippo holds the seat in District 5. At the end of the Nomination Period, 14 she was the only candidate in that District that qualified, which meant that the City Council could appoint Council Member DePhillippo and cancel the election in District 5. The City Council called a Special Meeting on August 24, 2022 and adopted Resolution No. 2022-51, which appointed Council Member DePhillippo as if she were elected, and cancelled the election in District 5.
DISCUSSION:
The County of Riverside Registrar of Voters Office certified the election on December 1, 2022 and the official certification was received on December 6, 2022. The official results are:
Member of the City Council, District 1:
Carlos Marquez – 831
Chuck Jones – 606
Member of the City Council, District 3:
Matthew Baldwin – 579
Joseph Morabito – 1,430
At this time, it would be appropriate for the City Council to certify the election results as approved by the voters of Wildomar.
FISCAL IMPACT:
The cost to conduct the election has been budgeted for FY 2022/2023. There is no fiscal impact to declare the results.
ATTACHMENTS:
A. Resolution Certifying Election
Exhibit A to the Resolution- Canvass
B. Resolution 2022-51
15 RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Wildomar, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts for the contest of Member of the City Council District 1 was 1,631. That the whole number of ballots cast in the precincts for the contest of Member of the City Council District 3 was 2,299.
SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:
District 1:
Carlos Marquez
Chuck Jones
District 3:
Matthew Baldwin
Joseph Morabito
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit A attached. 16 SECTION 4. The City Council does declare and determine that:
Carlos Marquez was elected as Member of the City Council in District 1 for the full term of four years.
Joseph Morabito was elected as Member of the City Council in District 3 for the full term of four years.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person.
SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED 14th day of December, 2022. ______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
17 REBECCA SPENCER
Registrar of Voters
ART TINOCO
Assistant Registrar of Voters
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
2720 Gateway Drive | Riverside, CA 92507-0921
Mailing address: 2724 Gateway Drive | Riverside, CA 92507-0918 (951) 486-7200 | California Relay Service (Dial 711) | FAX (951) 486-7272 www.voteinfo.net
CERTIFICATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
State of California )
) ss.
County of Riverside )
I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 8, 2022, as part of the Consolidated General Election in the
CITY OF WILDOMAR
and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct.
Dated this 1st day of December 2022 REBECCA SPENCER
Registrar of Voters
Matt Ceballos
Chief Deputy Registrar of Voters
18 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Electionwide Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
California Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
41st Congressional District Total 3881 1631 42.03 % 831 606 311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
32nd Senatorial District (Por.
Org, SB, SD)
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
71st Assembly District (Por.
Org)
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12370 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
19 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
St Bd of Equalization 4 (Por.
SB, SD, Or & Imp)
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Community
College Districts sub-district
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Unified
School Districts
Total 3881 1631 42.03 % 831 606
311005 Total 1348 599 44.44 % 293 236
311012 Total 381 169 44.36 % 91 58
Lake Elsinore Unified School
Dist. TA 1
Total 1729 768 44.42 % 384 294
311000 Total 1938 778 40.14 % 402 280
311010 Total 209 84 40.19 % 44 32
Lake Elsinore Unified School
Dist. TA 2
Total 2147 862 40.15 % 446 312
311001 Total 5 1 20.00 % *** ***
Unincorporated - Unified
School Districts sub-district
Total 5 1 20.00 % *** ***
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Union High
School Districts sub-district
Total 3881 1631 42.03 % 831 606
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12371 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
20 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Elementary
School Districts
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Elementary
School Districts sub-district
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Riverside County Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
3rd Supervisorial District Total 3881 1631 42.03 % 831 606 311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
City of Wildomar Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12372 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
21 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
City of Wildomar Council
District #1
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Special
Elections
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated -
Unincorporated
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - California
Water Districts
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Community
Services Districts
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - County
Water Districts sub-district
Total 3881 1631 42.03 % 831 606
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12373 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
22 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Fire Districts Total 3881 1631 42.03 % 831 606 311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Health Care
Districts
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Health Care
Districts sub-district
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Library
Districts
Total 3881 1631 42.03 % 831 606
311001 Total 5 1 20.00 % *** ***
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Elsinore Valley Municipal
Wtr.Dist.,Div 3/ Por. Orange
Total 595 254 42.69 % 136 90
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12374 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
23 1 Wildomar City Council, Council
District 1
1 1
Registered
Voters
Voters Cast
Turnout (%)
CARLOS
MARQUEZ
CHUCK
JONES
Western Municipal Water
Dist.,Division 3/Por. Orange
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Recreation &
Parks Districts
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Recreation &
Parks Districts sub-district
Total 3881 1631 42.03 % 831 606
311000 Total 1938 778 40.14 % 402 280
311001 Total 5 1 20.00 % *** ***
311005 Total 1348 599 44.44 % 293 236
311010 Total 209 84 40.19 % 44 32
311012 Total 381 169 44.36 % 91 58
Unincorporated - Water
Agencies sub-district
Total 3881 1631 42.03 % 831 606
Contest Total 3881 1631 42.03 % 831 606
*** Indicates vote data was suppressed due to voter privacy settings.
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12375 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
24 1 Wildomar City Council, Council
District 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MATTHEW
BALDWIN
JOSEPH
MORABITO
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Electionwide Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
California Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
41st Congressional District Total 4566 2299 50.35 % 579 1430 313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
32nd Senatorial District (Por.
Org, SB, SD)
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
71st Assembly District (Por.
Org)
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
St Bd of Equalization 4 (Por.
SB, SD, Or & Imp)
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Community
College Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Unified
School Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12376 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
25 1 Wildomar City Council, Council
District 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MATTHEW
BALDWIN
JOSEPH
MORABITO
313006 Total 2071 1015 49.01 % 289 597
Lake Elsinore Unified School
Dist. TA 1
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Union High
School Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Elementary
School Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Elementary
School Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Riverside County Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
3rd Supervisorial District Total 4566 2299 50.35 % 579 1430 313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
City of Wildomar Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
City of Wildomar Council
District #3
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12377 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
26 1 Wildomar City Council, Council
District 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MATTHEW
BALDWIN
JOSEPH
MORABITO
Unincorporated - Special
Elections
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated -
Unincorporated
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - California
Water Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Community
Services Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - County
Water Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Fire Districts Total 4566 2299 50.35 % 579 1430 313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Health Care
Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Health Care
Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12378 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
27 1 Wildomar City Council, Council
District 3
1 1
Registered
Voters
Voters Cast
Turnout (%)
MATTHEW
BALDWIN
JOSEPH
MORABITO
Unincorporated - Library
Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Elsinore Valley Municipal
Wtr.Dist.,Div 3/ Por. Orange
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Western Municipal Water
Dist.,Division 3/Por. Orange
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Recreation &
Parks Districts
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Recreation &
Parks Districts sub-district
Total 4566 2299 50.35 % 579 1430
313003 Total 2495 1284 51.46 % 290 833
313006 Total 2071 1015 49.01 % 289 597
Unincorporated - Water
Agencies sub-district
Total 4566 2299 50.35 % 579 1430
Contest Total 4566 2299 50.35 % 579 1430
*** Indicates vote data was suppressed due to voter privacy settings.
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12379 of 15484 Riverside
Riverside 2022 General
District Canvass
November 8, 2022
28 RESOLUTION NO. 2022 - 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, PROVIDING FOR THE APPOINTMENT
TO THE OFFICE OF THIS CITY THAT WERE TO BE ELECTED ON
TUESDAY, NOVEMBER 8, 2022 IN DISTRICT 5
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 12, 2022, in District 5, there are not more candidates than offices to be elected and that§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Hold the election if either no one or only one person has been nominated.
WHEREAS, the City Clerk's certification that there were not more candidates than offices to be elected in District 5 was submitted to the City Council and is attached as Exhibit A; and
WHEREAS, a notice was published on August 18, 2022 in a newspaper of general circulation pursuant to law and is attached as Exhibit B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken:
In District 5 the following person is being appointed to the office to which she was nominated, and is considered to be the same as being elected, pursuant to§ 10229(a)(3) of the Elections Code.
NAME OFFICE TERM
Ashlee DePhillippo Member of the City Council Full 4 Year Term SECTION 2. The election scheduled to be held in District 5 on Tuesday, November 8, 2022, is now canceled.
SECTION 3. The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2022. =-
Mayor
Ben LJ. �Benoit -�► 7:........:Z�=========--
29 30
31 32
33 CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: December 14, 2022
SUBJECT: Appointment of Mayor and Mayor Pro Tem for 2023 SUBMITTED BY: Janet Morales
PREPARED BY: Janet Morales, City Clerk
ACTION:
Appoint a Mayor and Mayor Pro Tem for 2023.
SUMMARY:
The City Council shall select one member of the City Council to serve as Mayor and one member of the City Council to serve as Mayor Pro Tempore by a simple majority vote of the City Council. The selection shall be on an annual basis at the first meeting of the City Council in December of each year.
DISCUSSION:
In accordance with Resolution No. 09 - 72, the Mayor and Mayor Pro Tem appointments are to be done each year at the December City Council Meeting. The term of the appointments will run the calendar year, from January 1st through December 31st of 2023.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution No. 09-72
34 35
36 37
CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: December 14, 2022
SUBJECT: 1. Police Department Quarterly Update
PREPARED BY: Janet Morales, City Clerk
ACTION:
Receive and file the report.
ATTACHMENTS:
A. Presentation
38 39
40 Sheriff Contract / Current Staffing Levels
41 • 19 Sworn Deputies
• 10 Non-Sworn
• 29 Total Sheriff Staff
• Access to other Resources
42 Calls for Service &
Response Times
43 Calls for Service (July 22-Sept 22)
1522
1475
1438
1350
1400
1450
1500
1550
July August September
Calls for Service
Calls for Service
44 Wildomar Part 1 Crimes July August September
Murder 0 0 0
Rape 0 1 0
Robbery 0 0 1
Aggravated Assault 7 4 7
Burglary 7 5 3
Auto Theft 12 8 6
Larceny 37 30 40
Arson 0 0 0
Total Part 1 Crimes 63 48 57
45 City of Wildomar Average Response Times
Priority July Aug Sept
1 - Emergency 7.90 7.41 7.17
2 - Urgent 22.07 26.40 23.23
3 - Routine 40.67 49.99 40.59
4 – Past Call 52.94 60.71 48.26
46 City of Wildomar
July Aug Sept
DUI Arrests 5 9 8
Total Collisions 20 30 44
Fatal Collisions 0 0 0
Total Citations 38 80 143
47 Community Services / Special Teams / Traffic
48 49
50 51
76 134 178
2020 2021 2022
Calls 4 Citations
73 LBS confiscated
Public Education
Staged buys operations
Targeted enforcement
SET operations
52 53
54 55
Moving Forward
56 Lieutenant Mike Portillo
333 Limited Ave.
Lake Elsinore, California 92530
57 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: December 14, 2022
SUBJECT: 2. Fire Department Quarterly Update
PREPARED BY: Janet Morales, City Clerk
ACTION:
Receive and file the report.
ATTACHMENTS:
A. Presentation
58 CITY OF WILDOMAR
CALFIRE/Riverside County Fire
Quarterly Report
59 60
61 62
WILDOMAR
FIRE MARSHALS OFFICE
77 Fire, Building and Public Works plan reviews
1,468 Fire Inspections
10 Day plan review turnaround time goal
Averaged 4-day turnaround.
2 Day Inspection turnaround time goal
Averaged 1-day turnaround.
63 November 6th
64 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: December 14, 2022
SUBJECT: 3. Wildomar Library Quarterly Update
PREPARED BY: Janet Morales, City Clerk
ACTION:
Receive and file the report.
ATTACHMENTS:
A. Presentation
65 Wildomar Library
Report
Third Quarter 2022
66 Community
Services
Computer 237, 418, 381 = 1036
WiFi Use 454, 549, 487 = 1490
Reference 633,692,789 = 2114
Program Attendance
258, 372, 419 = 1049 0
100
200
300
400
500
600
700
800
900
Computers WiFi Reference Program Attendance
Community Services 1st Quarter
July August September
67 Literacy and
Educational
Services
Total Visits 4455 / 5100 / 4880 Total 14,435
Circulation 3550/ 3908 / NA Total 15,694
Total Programs 22 / 24 / 29 Total 79
New Memberships 74 / 96 / 136 Total 306
Programs: Presented
Storytime (Preschool)
Toddler Free Play (Preschool STEM)
Reading Circle (Grades 1-3)
Dog Tales (K-5)
Fun Friday (Special Needs Adults)
Family Game Day (All ages)
Knit and Crochet (All ages)
Movie Night (Family)
Wildomar Book Club (Adult)
Adult Coloring (Adult)
Summer Reading Program (All ages)
Veteran Benefit Assistance
Zoom to the Park
0 1000
2000
3000
4000
5000
6000
Total Visits Circulation
Library Traffic
July August September
68 Thank You
for celebrating
with us
Miss Ellie’s
100th Birthday!
69 Contact Us!
[email protected]
951-471-3855
Visit Us!
34303 Mission Trail, Wildomar
www.rivlib.net
Follow Us!
Facebook, Twitter, Instagram
70 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: December 14, 2022
SUBJECT: Reading of Ordinances
SUBMITTED BY: Janet Morales
PREPARED BY: Janet Morales, City Clerk
ACTION:
Approve the reading by title only of all Ordinances on this agenda. 71 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: December 14, 2022
SUBJECT: Minutes- October 12, 2022, Regular Meeting
SUBMITTED BY: Jandi Aguilar
PREPARED BY: Jandi Aguilar, Administrative Analyst
ACTION:
Approve the minutes as presented.
ATTACHMENTS:
A. 10-12-22 Minutes
72 City Council - Regular Meeting – Minutes – October 12, 2022 1 MINUTES
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
WEDNESDAY, OCTOBER 12, 2022
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
CLOSED SESSION: 5:00 PM | REGULAR SESSION 6:00PM
Members in attendance: Ben J Benoit, Joseph Morabito, Bridgette Moore Members absent: Dustin Nigg, Ashlee DePhillippo
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.
The closed-session meeting was called to order by Mayor Benoit at 5:00 p.m.
ROLL CALL
Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, and Administrative Services Director Howell
PUBLIC COMMENTS ON CLOSED SESSION
None
CLOSED SESSION
The City Council met in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel regarding the following matter of pending litigation:
1. City of Wildomar v. Lisa Marie Davis and Daniel Celaya; Case No. MCC2001484
RECONVENE
RECONVENE INTO OPEN SESSION
The City Council reconvened into open session with all members present except council member Nigg at 6:00 p.m.
ANNOUNCEMENTS
No reportable action.
ADJOURN CLOSED SESSION
There being no further business, Mayor Benoit adjourned the Closed Session at 6:00 p.m 73 City Council - Regular Meeting – Minutes – October 12, 2022 2 CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The regular session meeting was called to order by Mayor Benoit at 6:01 p.m.
ROLL CALL
Absent: Council member Dustin Nigg
Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, Administrative Analyst Aguilar, Planning Director Bassi, Administrative Services Director Howell, , Public Works Director Farag, Development Manager Stadnik, Community Services Director Torres, , Building Inspection Supervisor Burns, Senior Administrative Analyst Jantz, and Consultant Folmar.
FLAG SALUTE
The flag salute was led by council member Moore.
PRESENTATIONS
1. Proclamation: Purple Heart City
2. Proclamation: Breast Cancer Awareness Month
3. Proclamation: Code Enforcement Officer Week
DEPARTMENT REPORTS
1. Planning Director Bassi presented the General Plan Update Progress Report # 4
2. Code enforcement supervisor Berroteran presented the Code enforcement update for 2021-2022
3. Administrative Services Director presented the Social Work Action Group (SWAG) update on Homelessness Activities
PUBLIC COMMENTS
The following individuals provided public comments:
1. Carlos Marquez
2. Gayl Taylor
3. Jan Mackenzie
4. Andy Morris
COUNCIL COMMUNICATIONS
The City Council members spoke regarding various committees, commissions, and boards that they serve on locally and regionally and community events, including:
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Conservation Authority (RCA)
5. Riverside Transit Agency (RTA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. South Coast Air Quality Management District (SCAQMD)
12. Southwest Community Financing Authority (Animal Shelter)
13. Ad Hoc & Subcommittees
74 City Council - Regular Meeting – Minutes – October 12, 2022 3 APPROVAL OF THE AGENDA AS PRESENTED
There were no changes to the agenda as presented.
1. CONSENT CALENDAR
Moved by Joseph Morabito; seconded by Bridgette Moore to Approve all items on the consent calendar.
Motion Approved: 4 - 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore Voting Against: None
Abstain: None
Absent: Dustin Nigg
1.1 Reading of Ordinances
Approved the reading by title only of all ordinances on this agenda
1.2 Minutes- August 10, 2022, Regular Meeting
Approved the minutes as presented.
1.3 Minutes-August 24, 2022, Special Meeting
Approved the minutes as presented.
1.4 Warrant Register September 2022
Approved the following:
For the Fiscal Year 2021/2022
1. Warrant Register dated 09-01-2022 in the amount of $75,587.80.
2. Warrant Register dated 09-08-2022 in the amount of $153.57.
3. Warrant Register dated 09-15-2022 in the amount of $24,539.56.
4. Warrant Register dated 09-22-2022 in the amount of $833,999.03.
5. Warrant Register dated 09-29-2022 in the amount of $15,698.80.
For the Fiscal Year 2022/2023
1. Warrant Register dated 09-01-2022 in the amount of $150,743.72.
2. Warrant Register dated 09-08-2022 in the amount of $113,793.10.
3. Warrant Register dated 09-15-2022 in the amount of $249,203.23.
4. Warrant Register dated 09-22-2022 in the amount of $446,907.00.
5. Warrant Register dated 09-29-2022 in the amount of $308,353.72.
6. Wire Transfer Register dated 09-30-2022 in the amount of $55,769.74.
7. Payroll Register dated 10-01-2022 in the amount of $207,519.17. 75 City Council - Regular Meeting – Minutes – October 12, 2022 4 1.5 August 2022 Treasurer's Report
Approved the Treasurer’s Report for August 2022.
1.6 Road Construction Updates - Public Works/Engineering Department Received and filed the Road Construction Updates from the Public Works/Engineering Department.
1.7 KB Homes Verano - Precise Grading Agreement for Models and BMP Agreements
Authorized the City Manager to execute the Precise Grading Agreement for Models and BMP Agreements with KB Home Coastal Inc.
1.8 Lennar Horizons - Precise Grading Agreement for Models, Precise Grading Agreement for Production and BMP Agreements
Authorized the City Manager to execute the Precise Grading Agreements for Models, Precise Grading Agreements for Production, and BMP Agreements with Lennar Homes of California, LLC
1.9 Popeyes Restaurant - Precise Grading Agreement and BMP Agreements Authorized the City Manager to execute the Precise Grading Agreement and BMP Agreements with DMSD Cajun Properties, LLC.
1.10 Wildomar Shooting Range Precise Grading Agreement and BMP Agreements Authorized the City Manager to execute the Precise Grading Agreement and BMP Agreements with KCG Blue, LLC.
1.11 Sixth Amendment to the Professional Services Agreement with Parsons Transportation Group for Bundy Canyon Road Project
Authorized City Manager to execute the Sixth Amendment with the Parsons Transportation Group for Engineering Services for Segment 2 of the Bundy Canyon Road Project in the amount of $64,700.
1.12 Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task, Force
Approved Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake Total Maximum Daily Load (TMDL) Task Force (Amendment), as of June 30, 2022.
2. PUBLIC HEARING
No Items Scheduled.
3. GENERAL BUSINESS
3.1 FY 2022-23 1st Quarter Budget Report
Senior Administrative Analyst Jantz presented the staff report.
City Council reviewed and accepted the Fiscal Year 2022-23 1st Quarter Report. 76 City Council - Regular Meeting – Minutes – October 12, 2022 5 3.2 Setting the Public Hearing for 2022 California Building Codes Senior Building Inspector Burns presented the staff report.
Moved by Bridgette Moore; seconded by Joseph Morabito to Introduce and Approve the first reading of an Ordinance entitled:
ORDINANCE NO. 224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08, 15.12, 15.16, 15.18, 15.20, 15.22,
15.24, 15.28, 15.32, 15.38, AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE), WITH SPECIFIED APPENDICES, AND INCLUDING ALL AMENDMENTS THERETO.
Motion Approved: 4- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore Voting Against: None
Abstain: None
Absent: Dustin Nigg
Moved by Bridgette Moore; seconded by Joseph Morabito to Introduce and Approve the first reading of an Ordinance entitled:
ORDINANCE NO. 225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE)
Motion Approved: 4- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore Voting Against: None
Abstain: None
Absent: Dustin Nigg
3.3 Consider a Professional Services Agreement for Website Design and Website Hosting with CivicPlus LLC.
Economic Development Director Davis presented the staff report.
The City Council:
1. Received and filed the report.
2. Directed staff to bring back a Professional Services Agreement between the City of Wildomar and CivicPlus LLC for Website Design and Website Hosting. 77 City Council - Regular Meeting – Minutes – October 12, 2022 6 3.4 Investment Advisor Selection-PFM Asset Management LLC ("PFMAM") Administrative Services Director Howell presented the report.
Moved by Bridgette Moore; seconded by Joseph Morabito to Approve the selection of PFM Asset Management LLC ("PFMAM") for the City's Investment Advisor and the City Manager to execute the agreement
Motion Approved: 4- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore Voting Against: None
Abstain: None
Absent: Dustin Nigg
3.5 Establish Speed Zones on Gruwell Street and Palomar St.
Public Works Director Farag presented the staff report.
Ken Mayes, resident, provided public comment.
Moved by Bridgette Moore; seconded by Joseph Morabito to Introduce and waive the further reading of an Ordinance titled:
ORDINANCE NO. 226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 10.16 OF TITLE 10 TO THE WILDOMAR
MUNICIPAL CODE ESTABLISHING SPEED LIMITS ON CERTAIN STREETS Motion Approved: 4- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore Voting Against: None
Abstain: None
Absent: Dustin Nigg
CITY MANAGER REPORT
1. San Jacinto College Update
FUTURE AGENDA ITEMS.
No items added.
ADJOURN THE CITY COUNCIL MEETING
There being no further business Mayor Benoit adjourned the meeting at 8:00 p.m.
Submitted by: Approved by:
______________________________ ______________________________ Janet Morales, CMC Joseph Morabito
City Clerk Mayor Pro Tem
78 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: December 14, 2022
SUBJECT: Warrant Register November 2022
SUBMITTED BY: Robert Howell
PREPARED BY: Nicholas Neidiffer , Accounting Specialist ACTION:
Approve the following:
For Fiscal Year 2021/2022
1. Warrant Register dated 11-10-2022 in the amount of $998.93.
2. Warrant Register dated 11-17-2022 in the amount of $1,210.91.
For Fiscal Year 2022/2023
1. Warrant Register dated 11-03-2022 in the amount of $847,538.23.
2. Warrant Register dated 11-10-2022 in the amount of $99,316.78.
3. Warrant Register dated 11-17-2022 in the amount of $943,111.20.
4. Warrant Register dated 11-23-2022 in the amount of $43,690.49.
5. Wire Transfer Register dated 11-30-2022 in the amount of $12,083,411.22.
6. Payroll Register dated 12-01-2022 in the amount of $251,859.30.
DISCUSSION:
The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.
FISCAL IMPACT:
These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2022/23 Budgets.
ATTACHMENTS:
Warrant Reg Nov 2022 Voucher Listings
79 11/10/2022
Voucher List
City of Wildomar
1 1:47:11PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215840 11/10/2022 000054 DEPARTMENT OF TRANSPORTATION SL220531ADD JULY 2021-SEPT 2021 SIGNALS & LIGHTING B
998.93
Total : 998.93
1 Vouchers for bank code : wf Bank total : 998.93
1 Vouchers in this report Total vouchers : 998.93
80 11/17/2022
Voucher List
City of Wildomar
1 3:00:02PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215880 11/17/2022 000499 INLAND EMPIRE LANDSCAPE INC 39123 JUNE 2022 LANDSCAPE REPAIR ZONE 42 464.54 MAY 2022 LANDSCAPE REPAIR CSA 103 135.00
TRL/CE
39184
Total : 599.54
215881 11/17/2022 001835 MUNISERVICES OR, AVENUE HOLDINGS LLCINV06-015418 SALES & USE TAX REP0RTING SYST STARS SVC
519.99
Total : 519.99
215882 11/17/2022 001004 PECHANGA BAND OF LUISENO, MISSION INDIANS 17482 CONTRACTUAL SVC JUNE 2022 - CIP 059 91.38 Total : 91.38
3 Vouchers for bank code : wf Bank total : 1,210.91
3 Vouchers in this report Total vouchers : 1,210.91
81 11/03/2022
Voucher List
City of Wildomar
1 1:04:42PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 208 11/3/2022 001046 MUNICIPAL CONSULTING SERVICES, LLC 103022 10/03/22-10/31/22 - PROJECT CONSULTANT 4,290.00 Total : 4,290.00
215782 11/3/2022 000031 AFLAC, REMITTANCE PROCESSING, CENTER 200347 OCT 2022 MEDICAL INSURANCE BENEFIT 1,709.45 Total : 1,709.45
215783 11/3/2022 001692 AMAZON CAPITAL SERVICES 19W4-6VR-D9VM DEPARTMENTAL SUPPLIES 514.50 Total : 514.50
215784 11/3/2022 000029 APPLEONE 01-6465727 ADMIN W/E 10/22/22 708.48 Total : 708.48
215785 11/3/2022 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC 69271 0000428 WILDOMAR PARK CLEANING SVC FY22/23 AS PE
4,870.71
0000428 WILDOMAR PARK CLEANING SVC FY22/23 345.40
AS PE
69272
69273 OCT 2022 SPECIAL EVENTS 10/15/2022 864.00
Total : 6,080.11
215786 11/3/2022 000037 DATA TICKET, INC. 143078-SEPT SEPT 2022 ONLINE/SSN CITATION
PROCESSING
325.93
143717 SEPT 2022 DAILY CITE PRROCESSING 507.91
Total : 833.84
215787 11/3/2022 000022 EDISON 102822-6091 09/27/22-10/26/22 ELECTRIC 21347 COMO (L 17.81 09/27/22-10/27/22 ELECTRIC 21400 232.80
PALOMAR
102822-7258
102822-9129 09/21/22-10/27/22 ELECTRIC 865.87
102822-9129CR CREDIT 09/21/22-10/21/22 ELECTRIC 32308 -42.74 Total : 1,073.74
215788 11/3/2022 001222 FOBRO CONSULTING LLC 144 0000422 CONSULTING SERVICES FOR HOMELESS
PROGRAM
6,428.13
Total : 6,428.13
215789 11/3/2022 000941 FRONTIER 102222 10/22/22-11/21/22 FIOS INTERNET
CHARGES
175.98
Total : 175.98
215790 11/3/2022 000634 HEYDAY RECORDS AND EVENTS 93022 0000429 ROOTED IN NATURE - STAGE AND SOUND 1,600.00 82 11/03/2022
Voucher List
City of Wildomar
2 1:04:42PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215790 11/3/2022 000634 000634 HEYDAY RECORDS AND EVENTS (Continued) Total : 1,600.00 215791 11/3/2022 000499 INLAND EMPIRE LANDSCAPE INC 39626 SEPT 2022 LANDSCAPE REPAIR/REPLACE - ZON
931.63
SEPT 2022 LANDSCAPE MAINTENANCE - 10,385.44
ZONE
39627
Total : 11,317.07
215792 11/3/2022 001852 LC PAVING & SEALING, INC 102122 PALOMAR & CLINTON KEITH PAY REQUEST #1
187,429.82
Total : 187,429.82
215793 11/3/2022 001005 PEOPLEREADY INC 27751157 CONTRACTUAL SVC - TRUNK OR TREAT 222.68 Total : 222.68
215794 11/3/2022 001107 PLACEWORKS 79768 SEPT 2022 CONTRACTUAL SVC - GP 53,043.20 SEPT 2022 CONTRACTUAL SVC - PROJECT 504.00
RELA
79885
SEPT 2022 CONTRACTUAL SVC - PROJECT 1,033.35
RELA
79887
SEPT 2022 CONTRACTUAL SVC - PROJECT 1,842.50
RELA
79888
SEPT 2022 CONTRACTUAL SVC - PROJECT 126.00
RELA
79889
SEPT 2022 CONTRACTUAL SVC - PROJECT 4,007.50
RELA
79890
SEPT 2022 CONTRACTUAL SVC - PROJECT 291.75
RELA
79891
SEPT 2022 CONTRACTUAL SVC - PROJECT 95.00
RELA
79892
Total : 60,943.30
215795 11/3/2022 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENT SH0000041887 CONTRACTUAL LAW ENFORCEMENT THROUGH 08/2
465,948.50
Total : 465,948.50
215796 11/3/2022 001167 RRM DESIGN GROUP 1064-02-0722 PROF SVCS - CONCEPTUAL CITY HALL SITING
10,000.00
Total : 10,000.00
215797 11/3/2022 001101 SIGNS BY TOMORROW 29486 WILDOMAR PUBLIC HEARING SIGN 547.50 29581 COROPLAST SINGS REPRODUCTIONS 142.92
83 11/03/2022
Voucher List
City of Wildomar
3 1:04:42PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215797 11/3/2022 001101 001101 SIGNS BY TOMORROW (Continued) Total : 690.42 215798 11/3/2022 001306 SOCIAL WORK ACTION GROUP 0822-1022 PERMANENT SUPPORTIVE HOUSING PSH THRU 10
65,862.63
103122 OCTOBER 2022 PSH SITE IMPROVEMENTS 8,200.00
Total : 74,062.63
215799 11/3/2022 000094 STAUFFERS LAWN EQUIPMENT 301810A MARNA O'BRIEN EQUIPMENT 217.45 Total : 217.45
215800 11/3/2022 001752 THOMAS ELECTRICAL CONTRACTING 21479 0000437 ADDITIONAL WORK FOR PO #0000424 1,723.00 Total : 1,723.00
215801 11/3/2022 000437 VERIZON WIRELESS 9918795048 10/23/22-11/22/22 DATA INTERNET CHARGE 867.58 9918795049 10/23/22-11/22/22 DATA INTERNET CHARGE 154.04 Total : 1,021.62
215802 11/3/2022 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER 100122 VIDEO HOSTING SOFTWARE 250.00 Total : 250.00
215803 11/3/2022 000055 WRCOG 1404 FY 22/23 AB2766 CLEAN CITIES COALITION D
6,000.00
Total : 6,000.00
215804 11/3/2022 000055 WRCOG 1369 FY 22/23 WRCOG MEMBER DUES 4,297.51 Total : 4,297.51
24 Vouchers for bank code : wf Bank total : 847,538.23
24 Vouchers in this report Total vouchers : 847,538.23
84 11/10/2022
Voucher List
City of Wildomar
1 1:46:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215808 11/10/2022 000033 AMERICAN FORENSIC NURSES 76579 BLOOD DRAW (1) 61.22 76604 BLOOD DRAW (1) 61.22
76684 BLOOD DRAW (1) 61.22
76685 BLOOD DRAW (1) 61.22
Total : 244.88
215809 11/10/2022 000007 ANIMAL FRIENDS OF THE VALLEY,, INC. OCT.2022 OCTOBER 2022 ANIMAL CONTROL
SERVICES
7,000.00
Total : 7,000.00
215810 11/10/2022 000029 APPLEONE 01-6471590 ADMIN W/E 10/29/22 708.48 Total : 708.48
215811 11/10/2022 001002 ARCHITERRA DESIGN GROUP 30237 09/25/22-10/24/22 SI COORDINATION 375.00 30238 09/25/22-10/24/22 PLAN CHECK - 2ND PC 250.00
30239 09/25/22-10/24/22 PLAN CHECK - 2ND PC 343.75
30240 09/25/22-10/24/22 PLAN CHECK - 1ST PR 406.25
30241 09/25/22-10/24/22 PLAN CHECK - 1ST PAR 250.00
Total : 1,625.00
215812 11/10/2022 000034 BIO-TOX LABORATORIES 43468 RC SHERIFF - LAB SERVICES 384.43 43469 RC SHERIFF - LAB SERVICES 639.15
43520 RC SHERIFF - LAB SERVICES 51.55
Total : 1,075.13
215813 11/10/2022 001330 BMW MOTORCYCLES OF RIVERSIDE 5039192 BMW MOTORCYCLE BOOTS - SHERIFF 380.61 Total : 380.61
215814 11/10/2022 001748 CALIFORNIA CONSULTING, INC. 5503 0000412 GRANT WRITING SERVICE - NOVEMBER
RETAINE
4,850.00
Total : 4,850.00
215815 11/10/2022 000367 CINTAS CORPORATION 5131354168 CITY HALL FIRST AID & SAFETY 1,141.24 Total : 1,141.24
215816 11/10/2022 000785 CORELOGIC SOLUTIONS, LLC 82150764 OCTOBER 2022 CODE ENFORCEMENT
SOFTWARE
196.75
Total : 196.75
85 11/10/2022
Voucher List
City of Wildomar
2 1:46:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215817 11/10/2022 000035 COUNTY OF RIVERSIDE, TLMA TL0000016564 SEPT 2022 SLF COSTS FY22-23 526.00 Total : 526.00
215818 11/10/2022 000058 DEPARTMENT OF JUSTICE 613349 SEPT. 2022 POLICE BLOOD ALCOHOL
ANALYSIS
175.00
Total : 175.00
215819 11/10/2022 000075 DOGGIE WALK BAGS, INC. 0103397-IN DISPERSER BAGS - MARNA O'BRIEN 563.07 Total : 563.07
215820 11/10/2022 000022 EDISON 110122-0828 10/01/22-10/31/22 ELECTRIC WILDOMAR CITY
157.32
110122-0962 10/01/22-10/31/22 ELECTRIC CFD 2013-001 232.37 110122-1757 10/01/22-10/31/22 ELECTRIC CFD 2013-001 187.90 110122-4293 10/01/22-10/31/22 ELECTRIC 5,531.58
110122-4487 10/01/22-10/31/22 ELECTRIC - 20505 PALOM 48.59 110122-4610 10/01/22-10/31/22 ELECTRIC - CFD 2013-00 121.65 110122-4845 10/01/22-10/31/22 ELECTRIC - CFD ZONE 2 60.82 110122-7481 10/01/22-10/31/22 ELECTRIC 474.55
110122-7504 10/01/22-10/31/22 ELECTRIC - CFD 2013-1 44.23 110122-7694 10/01/22-10/31/22 ELECTRIC - CFD ZONE 3 205.73 110122-8975 10/01/22-10/31/22 ELECTRIC - CFD ZONE 3 121.17 110122-9127 10/01/22-10/31/22 ELECTRIC - CFD 2013-00 229.18 Total : 7,415.09
215821 11/10/2022 001719 ENTENMANN-ROVIN CO. 178956 CODE ENFORCEMENT DEPT SUPPLIES 340.08 Total : 340.08
215822 11/10/2022 001747 FARAG, JASON 110822 10/22/22-11/04/22 MILEAGE REIMBURSE 36.81 Total : 36.81
215823 11/10/2022 000941 FRONTIER 110122 11/01/22-11/30/22 OFFICE TELEPHONE CHARG
53.15 Total : 53.15
215824 11/10/2022 001325 GEOCON WEST, INC. 722070448 CIP 028-2 THROUGH 07/10/22 310.00 Total : 310.00
215825 11/10/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32707571 CANON COLOR COPIER SYST. #014-1780554
214.24
86 11/10/2022
Voucher List
City of Wildomar
3 1:46:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215825 11/10/2022 000685 000685 GREAT AMERICA FINANCIAL SERVIC (Continued) Total : 214.24 215826 11/10/2022 000634 HEYDAY RECORDS AND EVENTS 11722 0000439 VETERANS DAY CONCERT 11/11/2022 - STAGE,
3,375.00
Total : 3,375.00
215827 11/10/2022 001603 HONOR PLUMBING 13708 SERVICE - MARNA O'BRIEN RESTROOM 648.00 Total : 648.00
215828 11/10/2022 001666 INFINITY TECHNOLOGIES 929A 0000414 INFORMATION TECHNOLOGY SUPPORT
SERVICES
11,300.00
0000433 10/11/22-10/10/23 ESET PROTECT 1,750.00
ESSENTIAL
929B
0000435 CAMERA FOR WINDSONG PARK WITH 5 3,626.68
YEAR LIC
929C
0000415 GIS CONTRACTUAL SERVICES 3,200.00
$2000/MONTH
965A
0000415 GIS CONTRACTUAL SERVICES- SPECIAL 6,000.00
PROJEC
965B
Total : 25,876.68
215829 11/10/2022 000499 INLAND EMPIRE LANDSCAPE INC 39337 AUGUST 2022 WINDSONG CALSENSE
IRRIGATION
9,291.78
AUGUST 2022 LANDSCAPE MAINTENANCE 5,218.70
- ZONE
39472
39473 AUGUST 2022 LANDSCAPE MAINTENANCE 4,653.88
AUGUST 2022 LANDSCAPE MAINTENANCE 512.61
CSA 10
39474
AUGUST 2022 LANDSCAPE MAINTENANCE 6,028.00
CSA 10
39475
AUGUST 2022 LANDSCAPE REPAIR ZONE 3 1,492.48
& 30
39476
Total : 27,197.45
215830 11/10/2022 000016 INNOVATIVE DOCUMENT SOLUTIONS 245164 10/01/22-10/31/22 CONTRACT COPIER SERVIC
1,220.42
Total : 1,220.42
215831 11/10/2022 000647 JOLLY JUMPS 11422 0000438 VETERANS DAY CONCERT 11/11/22 -
INFLATAB
2,120.00
Total : 2,120.00
87 11/10/2022
Voucher List
City of Wildomar
4 1:46:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215832 11/10/2022 001398 LUNA, CAMERON 110822 10/22/22-11/04/22 MILEAGE REIMBURSE CIP 22.50 Total : 22.50
215833 11/10/2022 001588 NEW LIFE CULINARY CREATIONS &, THE CORPORATE ROOM E00044 ROOM RENTAL 11/10/22 587.25 Total : 587.25
215834 11/10/2022 000526 PRINT POSTAL 16484 DEVELOPMENT ENGINEERING BUSINESS CARDS
183.42
Total : 183.42
215835 11/10/2022 000415 RIVERSIDE COUNTY FLOOD CONTROL, & WATER CONSERVATION DIST D12226435 CIP 059 CONSTRUCTION MURRIETA VLY SHADW
1,000.00
Total : 1,000.00
215836 11/10/2022 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11564289 PUBLIC NOTICE - WILDOMAR CROSSROADS 21-0
378.68
11568425 PUBLIC NOTICE - ELECTION 185.47
Total : 564.15
215837 11/10/2022 001853 STATEWIDE EMERGENCY SERVICES, INC.2911 HAZARDOUS SPILL CLEAN UP - APN 365-210-0
7,730.92
Total : 7,730.92
215838 11/10/2022 000378 TEMECULA VALLEY PIPE & SUPPLY 623499 FACILITY MATERIAL 915.84 Total : 915.84
215839 11/10/2022 000437 VERIZON WIRELESS 9918795048 10/23/22-11/22/22 DATA INTERNET CHARGE 867.58 9918795049 10/23/22-11/22/22 DATA INTERNET CHARGE 152.04 Total : 1,019.62
32 Vouchers for bank code : wf Bank total : 99,316.78
32 Vouchers in this report Total vouchers : 99,316.78
88 11/17/2022
Voucher List
City of Wildomar
1 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215846 11/17/2022 000029 APPLEONE 01-6478399 ADMIN W/E 11/05/22 708.48 Total : 708.48
215847 11/17/2022 001468 BANKS, ARRIN 111522 PLANNING COMMISSION MEETING 11/15/22 75.00 Total : 75.00
215848 11/17/2022 001419 BERNARD, BRIANNA 111522 PLANNING COMMISSION MEETING 11/15/22 75.00 Total : 75.00
215849 11/17/2022 001761 CHARTER COMMUNICATIONS 2318110822 CABLE THROUGH 12/07/22 - FS61 5.34 Total : 5.34
215850 11/17/2022 001694 COSTAR REALTY INFORMATION INC 120168636 NOV 2022 CONTRACTUAL SVCS 796.00 Total : 796.00
215851 11/17/2022 000011 CR&R INC. 3044 10/01/22 - 10/31/22 STREET SWEEPER 603.08 3044CR 11/01/22- STREET SWEEPER ADJUSTMENT -418.33
11/01/22 3YD BOX, 90G RECYCLE- 248.31
BASEBALL
353210
11/01/22 3YD BOX, 90G RECYCLE 60GL GRN 287.58
-
353267
353383 10/21/22 DUMP 40 YD BOX 1,118.98
Total : 1,839.62
215852 11/17/2022 000002 CRYSTAL CLEAN MAINTENANCE 1103M JANITORIAL SERVICES - CITY HALL
NOVEMBER
3,214.75
Total : 3,214.75
215853 11/17/2022 000054 DEPARTMENT OF TRANSPORTATION SL230232 SIGNALS & LIGHTING BILLING -
ADDITIONAL,
3,713.85
Total : 3,713.85
215854 11/17/2022 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 11987568 09/15/22-10/15/22 WATER ZONE 42 LOC 01 774.57 11987819 09/15/22-10/15/22 WATER ZONE 42 LOC 03 240.63
11987820 09/15/22-10/15/22 WATER ZONE 42 LOC 02 377.11
11990480 09/19/22-10/18/22 WATER ZONE 3 LOC 23 M 295.70 11990690 09/19/22-10/18/22 WATER ZONE 30 LOC 2 55.35
11990730 09/19/22-10/18/22 WATER ZONE 3 LOC 49 M 92.25
11990983 09/19/22-10/18/22 WATER ZONE 51 LOC 1 115.88
89 11/17/2022
Voucher List
City of Wildomar
2 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215854 11/17/2022 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT (Continued) 11991148 09/19/22-10/18/22 WATER BASEBALL FIELD 354.45
11991188 09/19/22-10/18/22 WATER WINDSONG 467.73
11991691 09/19/22-10/18/22 WATER ZONE 3 LOC 29 M 685.92 11991769 09/19/22-10/18/22 WATER ZONE 3 LOC 29 M 242.18 11991772 09/19/22-10/18/22 WATER ZONE 30 LOC 1 214.02
11991871 09/19/22-10/18/22 WATER ZONE 3 LOC 42 & 242.37 11992268 09/19/22-10/18/22 WATER 22450 1/2 CERVE 308.30 11992510 09/19/22-10/18/22 WATER 22450 CERVERA 195.00
11993606 09/19/22-10/18/22 WATER ZONE 62 - 22933 158.67 09/19/22-10/18/22 WATER ZONE 67 - 76.94
ARNEN
11993692
CREDIT CHECK 214882 WATER ZONE 42 -361.67
LOC 01
CK214882-C
Total : 4,535.40
215855 11/17/2022 000941 FRONTIER 100122B 10/01/22-10/31/22 OFFICE TELEPHONE CHARG
484.51
11/01/22-11/30/22 OFFICE TELEPHONE 489.33
CHARG
110122
Total : 973.84
215856 11/17/2022 001325 GEOCON WEST, INC. 722090418 CIP 059 CONTRACTUAL SVC THROUGH 09/24/22
9,512.50
Total : 9,512.50
215857 11/17/2022 001892 GOVERNMENT FORMS & SUPPLIES 0337038 CITY CLERK SUPPLIES 355.80 Total : 355.80
215858 11/17/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32784135 CANON COLOR COPIER SYST. #015-1472515
359.97
Total : 359.97
215859 11/17/2022 000194 HDL COREN AND CONE 111622 SEPTEMBER 2022 HDL FEES 2,409.00 111622CR SEPTEMBER 2022 HDL FEES - CREDIT -1,624.30
Total : 784.70
215860 11/17/2022 000499 INLAND EMPIRE LANDSCAPE INC 39128 JULY 2022 LANDSCAPE REPAIR CSA 103 TRL/C
152.61
JULY 2022 LANDSCAPE INSPECT CSA 103 74.00
TRL/
39129
90 11/17/2022
Voucher List
City of Wildomar
3 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215860 11/17/2022 000499 INLAND EMPIRE LANDSCAPE INC (Continued) 39130 JULY 2022 LANDSCAPE REPAIR ZONE 3 223.48
39131 JULY 2022 LANDSCAPE REPAIR ZONE 3 1,102.72
39132 JULY 2022 LANDSCAPE REPAIR ZONE 51 614.73
39133 JULY 2022 LANDSCAPE REPAIR ZONE 3 227.12
39134 JULY 2022 LANDSCAPE REPAIR ZONE 42 399.61
39135 JULY 2022 LANDSCAPE REPAIR ZONE 30 225.89
39137 JULY 2022 LANDSCAPE REPAIR ZONE 3 161.01
39138 JULY 2022 LANDSCAPE REPAIR ZONE 3 110.57
39140 JULY 2022 LANDSCAPE REPAIR ZONE 51 74.00
39142 JULY 2022 LANDSCAPE REPAIR ZONE 71 36.57
39143 JULY 2022 LANDSCAPE REPAIR ZONE 67 36.57
39144 JULY 2022 LANDSCAPE REPAIR ZONE 52 73.14
39145 JULY 2022 LANDSCAPE REPAIR ZONE 29 73.14
39146 JULY 2022 LANDSCAPE REPAIR ZONE 3 55.07
39147 JULY 2022 LANDSCAPE REPAIR ZONE 3 55.07
39148 JULY 2022 LANDSCAPE REPAIR ZONE 3 55.07
39149 JULY 2022 LANDSCAPE REPAIR ZONE 3 55.07
39151 JULY 2022 LANDSCAPE REPAIR ZONE 3 91.21
39152 JULY 2022 LANDSCAPE REPAIR ZONE 3 73.14
JULY 2022 LANDSCAPE REPAIR CFD 2013-1 55.07
ZO
39153
39154 JULY 2022 LANDSCAPE REPAIR ZONE 30 55.07
39155 JULY 2022 LANDSCAPE REPAIR ZONE 3 73.14
39157 JULY 2022 LANDSCAPE REPAIR ZONE 181 55.07
AUGUST 2022 LANDSCAPE REPAIR CFD 668.51
2013-1
39478
AUGUST 2022 LANDSCAPE REPAIR CSA 52.67
103 TRL
39479
Total : 4,929.32
215861 11/17/2022 001153 INTELLI-TECH 15078 0000441 BARRUCADA 1YR
UPDATES/REPLACE/CLOUD & CL
2,900.00
Total : 2,900.00
215862 11/17/2022 001640 JAMES MCMINN INC 111622 BUNDY CYN RD WIDE TUMF CIP-1 PROG PAY #2
249,858.53
Total : 249,858.53
215863 11/17/2022 000113 LEAGUE OF CALIFORNIA CITIES 2631 RIV. CNTY. DIV. MEETING 09/07/22 - COUNC 150.00 91 11/17/2022
Voucher List
City of Wildomar
4 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215863 11/17/2022 000113 000113 LEAGUE OF CALIFORNIA CITIES (Continued) Total : 150.00 215864 11/17/2022 001139 LIFTOFF, LLC 6773REN2022 0000442 OFFICE 365 12 MONTHS G3 48 LICENSES G1 2
14,016.00
Total : 14,016.00
215865 11/17/2022 000879 LLOYD, JOHN 111522 PLANNING COMMISSION MEETING 11/15/22 75.00 Total : 75.00
215866 11/17/2022 001004 PECHANGA BAND OF LUISENO, MISSION INDIANS 17579 CONTRACTUAL SVC JULY 2022 - CIP 059 1,226.25 18020 CONTRACTUAL SVC SEP 2022 - CIP 059 8,465.00
Total : 9,691.25
215867 11/17/2022 000185 PITNEY BOWES 110622 POSTAGE METER REFILL 11/02/22 230.23 Total : 230.23
215868 11/17/2022 001107 PLACEWORKS 79729 SEPTEMBER 2022 CONTRACTUAL SVC - CIP 059
105.00
79975 AUGUST 2022 CONTRCTUAL SVC - CIP 059 630.00
OCT 2022 CONTRACTUAL SVC - GP 21,425.86
UPDATE/EIR
80123
OCT 2022 CONTRACTUAL SVC - PROJECT 11,176.95
RELAT
80234
OCT 2022 CONTRACTUAL SVC - PROJECT 1,456.25
RELAT
80236
OCT 2022 CONTRACTUAL SVC - PROJECT 536.50
RELAT
80237
OCT 2022 CONTRACTUAL SVC - PROJECT 1,119.38
RELAT
80238
OCT 2022 CONTRACTUAL SVC - PROJECT 8,499.75
RELAT
80239
OCT 2022 CONTRACTUAL SVC - PROJECT 94.50
RELAT
80240
OCT 2022 CONTRACTUAL SVC - PROJECT 442.50
RELAT
80241
OCT 2022 CONTRACTUAL SVC - PROJECT 502.75
RELAT
80242
OCT 2022 CONTRACTUAL SVC - PROJECT 703.50
RELAT
80243
OCT 2022 CONTRACTUAL SVC - PROJECT 2,968.75
RELAT
80244
92 11/17/2022
Voucher List
City of Wildomar
5 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215868 11/17/2022 001107 001107 PLACEWORKS (Continued) Total : 49,661.69 215869 11/17/2022 000526 PRINT POSTAL 16568 A/P WINDOW ENVELOPES 168.56 Total : 168.56
215870 11/17/2022 000042 PV MAINTENANCE, INC. 005-260 CITYWIDE MAINT. CONTRACTUAL
SERVICES- OC
80,178.92
Total : 80,178.92
215871 11/17/2022 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENT SH0000042057 CONTRACT LAW ENFORCEMENT THROUGH 09/21/2
462,118.18
Total : 462,118.18
215872 11/17/2022 001393 SOCALGAS 111022 10/10/22-11/08/22 GAS -FIRE DEPT 32637 G 69.25 Total : 69.25
215873 11/17/2022 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11562539 PUBLIC NOTICE - ORD 223 4,097.80 11562555 PUBLIC NOTICE - ORD 222 3,016.86
Total : 7,114.66
215874 11/17/2022 001021 SPICER CONSULTING GROUP 1140 FY 22/23 ANNUAL ADMIN LLMD89-1-C/CSA 22/
2,791.67
Total : 2,791.67
215875 11/17/2022 001720 STERICYCLE, INC 8002413402 CONTRACTUAL SHREDDING SERVICE 257.87 8002606561 CONTRACTUAL SHREDDING SERVICE 412.99
Total : 670.86
215876 11/17/2022 000995 STRONG, KIM 111522 PLANNING COMMISSION MEETING 11/15/22 75.00 Total : 75.00
215877 11/17/2022 000918 TKE ENGINEERING INC 92122 CONTRACTUAL SVC SEPT 2022 258.00 Total : 258.00
215878 11/17/2022 001418 WEBB MUNICIPAL FINANCE, LLC 20220273 MEASURE Z ANNUAL ADMIN PARKS TAX FY22/23
5,412.16
Total : 5,412.16
215879 11/17/2022 000131 WESTERN RIVERSIDE COUNTY, RCA 111522 OCTOBER 2022 MSHCP MITIGATION FEES, ADUS
25,791.67
Total : 25,791.67
93 11/17/2022
Voucher List
City of Wildomar
6 2:59:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 34 Vouchers for bank code : wf Bank total : 943,111.20
34 Vouchers in this report Total vouchers : 943,111.20
94 11/23/2022
Voucher List
City of Wildomar
1 10:33:03AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215885 11/23/2022 000031 AFLAC, REMITTANCE PROCESSING, CENTER 570195 NOV 2022 MEDICAL INSURANCE BENEFIT 1,709.45 Total : 1,709.45
215886 11/23/2022 000029 APPLEONE 01-6485146 ADMIN W/E 11/12/22 708.48 Total : 708.48
215887 11/23/2022 000760 ARMADA ADMINISTRATORS 190232 DECEMBER 2022 PREMIUM 3,749.00 Total : 3,749.00
215888 11/23/2022 001799 COUNTY OF RIVERSIDE PUBLIC, SAFETY ENTERPRISE COMMUNI PE0000000592 MONTHLY RADIO COMMUNICATION 155.34 Total : 155.34
215889 11/23/2022 000988 COUNTY OF RIVERSIDE, INFORMATION TECHNOLOGY IT0000005482 10/01/22-10/31/22 MEETING
SUPPORT-RIVCO-
121.42
Total : 121.42
215890 11/23/2022 000027 DIRECT TV 082317220X221113 11/12/22-12/11/22 CABLE SERVICES-CITY HA
153.99
Total : 153.99
215891 11/23/2022 000022 EDISON 111422-3123 10/13/22-11/13/22 23873 CLINTON KEITH RD 159.07 111422-3487 10/13/22-11/13/22 23873 CLINTON KEITH RD 190.31 111422-7255 10/13/22-11/13/22 23873 CLINTON KEITH RD 114.49 111522-3047 11/14/22-11/14/22 34311 MISSION TRAIL TC 87.78 111522-3243 11/14/22-11/14/22 34818 CENTRAL ST LS3 31.66 111522-3950 11/14/22-11/14/22 34311 MISSION TRAIL LS 28.54 111522-5361 11/14/22-11/14/22 31818 CENTRAL TC1 80.62
111522-7372 11/14/22-11/14/22 24211 CLINTON KEITH RD 72.21 111522-8688 11/14/22-11/14/22 21458 GRAND AVE TC1 78.51 Total : 843.19
215892 11/23/2022 001747 FARAG, JASON 111622 11/05/22-11/18/22 REIMBURSE MILEAGE 51.88 Total : 51.88
215893 11/23/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32804438 CANON COLOR COPIER SYST. #016-1585799
214.24
Total : 214.24
215894 11/23/2022 000304 JOE A. GONSALVES & SON 160330 0000423 FY 22/23 PROFESSIONAL CONTRACTUAL LEGISL
3,000.00
95 11/23/2022
Voucher List
City of Wildomar
2 10:33:03AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215894 11/23/2022 000304 000304 JOE A. GONSALVES & SON (Continued) Total : 3,000.00 215895 11/23/2022 001398 LUNA, CAMERON 112122 11/05/22-11/18/22 MILEAGE REIMBURSE CIP 22.50 Total : 22.50
215896 11/23/2022 000856 MICHAEL BAKER INTERNATIONAL IN 1161142 P/E OCTOBER 02, 2022 CONTRACTUAL SVCS
12,600.00
Total : 12,600.00
215897 11/23/2022 000856 MICHAEL BAKER INTERNATIONAL IN 1155270 P/E JULY 31, 2022 CONTRACTUAL SVCS 9,637.50 Total : 9,637.50
215898 11/23/2022 001555 NBS 202209-1727 PROFESSIONAL SERVICES THROUGH 08/31/22
1,500.00
Total : 1,500.00
215899 11/23/2022 000186 RIGHTWAY 319183 10/10/22-12/17/22 -
PORTA/WASHSTN-WINDSO
723.50
Total : 723.50
215900 11/23/2022 001893 THE CENTRE FOR ORGANIZATION, EFFECTIVENESS TCF0E4001 W7 SUMMIT - LEADERSHIP TEAM - OFFSITE 20 8,500.00
Total : 8,500.00
16 Vouchers for bank code : wf Bank total : 43,690.49
16 Vouchers in this report Total vouchers : 43,690.49
96 ACH Date Payee Description Amount
11/3/2022 CFT NV Developments City Hall Lease - October $ 38,393.68 11/3/2022 CFT NV Developments City Hall Lease - November 38,393.68 11/3/2022 CA Asset Mgmt Program
Transfer to Savings Account for
Investing
5,900,000.00
11/8/2022 WEX Inc Fleet Fuel Purchases 1,201.32
11/10/2022 CA Asset Mgmt Program
Transfer to Savings Account for
Investing
6,000,000.00
11/18/2022 US Bank
Business Meals, Conference Expenses,
Organizational Memberships, Special
Event Supplies, Repairs & Maintenance,
and Office Supplies
12,282.69
11/21/2022 Enterprise Fleet Management Monthly City Vehicle Lease Payment 5,124.44 11/29/2022 Wilmington Trust Semi-Annual SL Principal/Int Pmt 87,338.65 10/31/2022 Viasat Inc Satellite Internet Service - Cemetery District & Parks 676.76
TOTAL $ 12,083,411.22
City of Wildomar
Wire Transfer Register
11/30/2022
97 ACH Date Payee Description Amount
11/10/2022 Heartland Payroll 10/23/2022-11/04/2022 145,000.82 $ 11/24/2022 Heartland Payroll 11/05/2022-11/18/2022 105,102.03 $ 11/30/2022 Heartland Payroll 11/01/2022-11/30/2022 1,756.45 $ TOTAL $ 251,859.30
City of Wildomar
Payroll Warrant Register
12/1/2022
98 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: December 14, 2022
SUBJECT: October 2022 Treasurers Report
SUBMITTED BY: Adam Jantz
PREPARED BY: Adam Jantz, Senior Administrative Analyst
ACTION:
Staff recommends that the City Council approve the Treasurer’s Report for October 2022.
SUMMARY:
October 2022 Treasurer’s Report
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investments for the month of October 2022.
The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for its city investments. Utilizing the two investment programs allows the City to potentially increase the interest earned on the money held.
FISCAL IMPACT:
None.
ATTACHMENTS:
October 2022 City Treasurers Report
99 BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 17,907,130.27 $ 1,832,505.53 (2,206,771.34) $ 17,532,864.46 0.000% TOTAL $ 17,907,130.27 $ 1,832,505.53 $ (2,206,771.34) $ 17,532,864.46
PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE All $ 9,729,906.09 $ 9,729,906.09 $ 9,729,906.09 100.00% 0 1.350% All $ 5,652,679.27 $ 5,652,679.27 $ 5,652,679.27 100.00% 0 3.140% TOTAL $ 15,382,585.36 $ 15,382,585.36 $ 15,382,585.36 100.00% CITY $ 32,915,449.82
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING STATED
FUND BALANCE PURCHASES MATURITIES BALANCE RATE
All $ 9,696,911.07 $ 32,995.02 $ 0.00 $ 9,729,906.09 1.350% All $ 5,637,656.13 $ 15,023.14 $ 0.00 $ 5,652,679.27 3.140% TOTAL $ 15,334,567.20 $ 48,018.16 $ 0.00 $ 15,382,585.36
CITY OF WILDOMAR
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
October 2022
TOTAL CASH AND INVESTMENT
CITY INVESTMENT
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.
CITY CASH
ISSUER
CALIFORNIA ASSET MANAGEMENT PROGRAM
CALIFORNIA ASSET MANAGEMENT PROGRAM
CITY INVESTMENT (Continued)
LOCAL AGENCY INVESTMENT FUND
LOCAL AGENCY INVESTMENT FUNDS
ISSUER
Robert Howell
Robert Howell
City Treasurer
Date
11/7/2022
100
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: December 14, 2022
SUBJECT: General Plan Update Progress Report #6
SUBMITTED BY: Matthew Bassi
PREPARED BY: Matthew Bassi, Planning Director
ACTION:
Receive and File the report.
BACKGROUND:
Staff provided the City Council with the General Plan Update Briefing #5 at its last meeting on November 9, 2022. That briefing primarily covered the month of October 2022. The following is a summary of the recent task assignments completed during the month of November 2022 and the tasks/assignments coming forth over the next 30+ days. For more details and up-todate items, please peruse the General Plan Update project website:
https://envisionwildomar2040.com.
DISCUSSION:
Tasks/Assignments Accomplished (previous 30 +/- days):
• The GP Team held our 2nd Community Workshop in November. Both were well attended (39 persons).
• November 10, 2022, was our in-person live workshop with 21 attendees discussing land use opportunities and getting positive feedback on our proposed “focus/opportunity areas”. • November 15, 2022, was our Virtual Workshop with 18 attendees discussing the same land use opportunities and getting positive feedback on our proposed “focus/opportunity areas”. • On November 28th, the GP Team launched our 2nd city-wide community online survey that will be available until January 3, 2023. Our goal is twofold as follows:
1) Obtain additional input on the draft Guiding Principles which will provide the framework for Wildomar’s General Plan Update and be used in the development of the goals 101
and policies of the General Plan; and
2) Obtain additional input regarding what land uses should be encouraged in the nine (9) focus areas that will be part of the GP update. The survey is available in English and Spanish and can be accessed at this link:
https://survey123.arcgis.com/share/997446fd80364bc4aaec0b6b06bf7e3e Upcoming Tasks/Assignments (Next 30 – 60 days):
• 2nd city-wide community online survey will be ongoing through January 3, 2023. • General Plan Advisory Group meeting #3 is scheduled for Feb. 2, 2023…will be finalizing the draft land use and circulation plan for presentation to Commission/Council. • Planning Commission and City Council workshops scheduled for March & April 2023.
Website Stats/Information:
• 1,800 Unique visitors since website launch (June 14, 2022) • 372 total unique visitors in the month of November 2022 • Average of 12 - 13 +/- visitors per day
• Spikes in visitation occurred around Citywide workshops dates 11/10 & 11/15 as follows:
• 11/9 (80 visitors)
• 11/10 (44 visitors) (In-Person Workshop)
• 11/11 (32 visitors)
• 11/14 (25 visitors)
• 11/15 (44 visitors) (Virtual Workshop)
102
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: December 14, 2022
SUBJECT: Road Construction Updates
SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag, Public Works Director
ACTION:
Receive and file the Road Construction Updates from the Public Works/Engineering Department
SUMMARY:
This staff report presents a summary of major roadway construction projects occurring throughout the City and status updates for each of those projects.
BACKGROUND:
The City’s Public Works and Engineering Department (Department) oversees the planning, design, construction, maintenance, and operations of City maintained improvements/infrastructure (Public Improvements). Public Improvements are typically either constructed as a condition of Private Development Projects (PDP) or constructed as part of City Capital Improvement Projects (CIP). In both cases, the City authorizes a private contractor to work within the City right-of-way to construct the Public Improvements through an encroachment permit or a Public Works Construction Contract. Under the permit or contract, the private contractor is responsible and liable to manage and maintain their work and their construction methods to complete the Public Improvements. The permits and contracts place certain responsibilities on the private contractor and provide certain indemnification and insurance coverage to the City. To maintain the appropriate delineation of responsibilities and maintain the City’s indemnification and liability protections, the City does not direct the contractor’s work, schedule, or methods of construction except in instances that are necessary to maintain public health and safety or to make sure that construction complies with all minimum standard requirements. The City may suggest or request that a contractor consider alternative approaches, schedules, etc… but the City does not direct the contractor’s work.
The contractor is responsible for the entire work zone for the duration of their permit or contract, until the City accepts the improvements into the City maintained road system. 103
DISCUSSION:
Table 1 of Attachment A includes the latest status updates for each project based on the construction schedules provided to the City by the contractors responsible for the construction of each project. Staff has also created a webpage on the City’s website where users can check for more frequent updates regarding traffic impacts from major roadway construction projects. The webpage can be accessed by visiting the following URL:
https://www.cityofwildomar.org/community/construction_alerts Table 2 in Attachment A includes a summary of the current major on-going roadway construction activities throughout the City. Table 2 also includes the approximate total cost of public improvements that are being installed by each project. For private development projects, these costs represent costs that the private developer is paying that would otherwise have to be paid by the City if not constructed by the developer.
FISCAL IMPACT:
Public Improvements constructed as part of a City CIP are funded as shown in the approved City budget. Public Improvements constructed by a private development project are funded by the private developer. There is no impact to the City’s General Fund.
ATTACHMENTS:
Road Const. Updates.docx
104
Attachment A
Table 1 - Project Schedules and Updates
Project No. Roadway Est. Project
Completion Status Update
CIP 026-1 Bundy Canyon Rd. January 2023 General Project Update Final paving is complete on the majority of the road. Remaining items of construction include final paving on the south side of the road, concrete improvements at intersecting side streets, final traffic signal improvements and activation, and installation of traffic signs and striping.
Upcoming Activities
Traffic will be moved to the north side of the road to allow for final paving of the south side of the road.
Cherry St. will be closed and Sellers Rd. will be reopened to allow for final paving and improvements at the intersection of Cherry St. Walnut Creek Rd. and Oak Canyon Dr. will each be temporarily closed for short durations to complete intersection improvements.
Final traffic signal improvements will be completed, and traffic signals will be activated.
Final traffic signs and striping will be installed throughout the project.
Notices and updates will be posted to the website as specific activities are scheduled and traffic patterns change.
CIP 059 Palomar St./
Clinton Keith Rd.
January 2023 General Project Update
The majority of grading and storm drain improvements on Palomar St. have been completed. On-going work includes continued sidewalk and curb/gutter installation on Palomar St.
Upcoming Activities
Upcoming work on Palomar St. includes final storm drain improvements, roadway widening and paving, and additional sidewalk and curb/gutter installation.
Additional upcoming work also includes grading, sidewalk installation, and roadway widening on Clinton Keith Rd. adjacent to Stable Lanes Rd., and crosswalk improvements at Clinton Keith Rd. and Renaissance Plaza.
Notices and updates will be posted to the website as specific activities are scheduled and traffic patterns change.
105
Attachment A
P21-0012 Wildomar Trail Winter 2022 Wildomar Trail
Second phase of paving will begin December 12 - lane changes and flagging will occur during this time.
Onsite construction of Kaiser medical office building is set to begin midDecember.
P21-0117 Prielipp Rd. Fall/Winter 2022 Elizabeth Lane
Utility infrastructure is complete, and base paving is underway.
Prielipp Road
Construction is complete and road is fully open to traffic.
P14-0093 McVicar St. Winter 2022/2023 Grand Avenue
Relocation of SCE facilities on Grand is currently in progress.
McVicar Street
Street improvements, including paving, sidewalks, streetlights, curb and gutter, and landscaping, are complete from Grand Avenue to the RCFC box culvert.
Construction of the RCFC box culvert is scheduled to begin by the end of the year.
106
Attachment A
Table 2 - Construction Project Summaries
Project No. &
Type
Primary
Roadway(s) Project Name Roadway Segment(s) Description of Work Est. Cost of Improvements CIP 026-1
(City CIP)
Bundy
Canyon Rd.
Bundy Canyon
Rd. Improvement
Project, Segment
1 Bundy Canyon
Rd. between
Cherry St. and
1600’ east of Oak
Canyon Dr.
Widening of Bundy Canyon Rd. to 4 lanes with
two new traffic signals.
$7,647,000
CIP 059
(City CIP)
Palomar St.
Clinton Keith
Rd.
Palomar St. &
Clinton Keith Rd.
Sidewalk, Trail,
and Bike Lane
Connectivity
Project
Palomar St.
Delca Ln. to
Clinton Keith Rd.
Clinton Keith Rd.
Renaissance
Plaza to The
Shops at Clinton
Keith
Widening of Palomar St. to 4-lanes with
sidewalks, trail, and bike lanes.
Widening of CKR to three lanes eastbound with
sidewalk.
$1,500,000
P21-0012
(Private
Development
Project)
Wildomar
Trail
Baxter Village Wildomar Trail
I-15 to White
Street
Old Baxter Road
Wildomar Trail to
White Street
Margaret Lane
Wildomar Trail to
old Baxter Road
Widening of Wildomar Trail to modified Arterial
with 96’ ROW.
Construction of Margaret Lane to Local with 60’
ROW.
Construction of old Baxter Road to Local with
60’ ROW.
Construction of RCFC Master planned SD
facilities in Wildomar Trail and old Baxter Road.
Construction of EVMWD master planned sewer
and water facilities in Wildomar Trail.
$2,236,000
P21-0117
(Private
Development
Project)
Prielipp Rd. Lennar, Horizons Bunny Trail
Elizabeth Lane to
end of project
frontage
Elizabeth Lane
Widening of Elizabeth Lane to a Collector
78’ROW.
Widening of Prielipp to a Secondary 100’ROW.
$1,900,000
107
Attachment A
Project No. &
Type
Primary
Roadway(s) Project Name Roadway Segment(s) Description of Work Est. Cost of Improvements Bunny Trail to
Prielipp
Prielipp
Elizabeth to
Yamas
66” RCFC master planned SD through site and
along Elizabeth Lane and Prielipp.
EVMWD master planned sewer and water
facilities in Prielipp.
P14-0093
(Private
Development
Project)
McVicar St. Beazer Homes,
Boulder Creek
McVicar
Grand to
Wildomar Channel
Grand
Leslie to McVicar
Palomar
Frederick beyond
Arnold
Widening of McVicar to Modified Secondary
100’ROW.
Widening of Grand to Modified Secondary
100’ROW.
Widening of Palomar to ultimate.
Construction of Master Planned RCFC McVicar
box culvert.
$3,900,000
108
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: December 14, 2022
SUBJECT: Updating City's Conflict of Interest Code
SUBMITTED BY: Janet Morales
PREPARED BY: Janet Morales, City Clerk
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF INTEREST CODE SET FORTH BY THE
CALIFORNIA STATE FAIR POLITICAL PRACTICES COMMISSION FOR ELECTED
OFFICIALS, BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE CITY OF
WILDOMAR
SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
BACKGROUND:
The Political Reform Act requires public agencies to adopt a local Conflict of Interest Code designating positions required to file Statements of Economic Interests (Form 700) and assigning disclosure categories specifying the types of interests to be reported. The Conflict of Interest code must be reviewed biennially and updated as needed. By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes. By October 3, 2022: The biennial notice must be filed with the agency’s code reviewing body.
The biennial notice was filed with the City Council on September 14, 2022. The notice identified that an amendment to the City's Conflict of Interest Code will be required. The last amendment processed was in October 2019.
109
DISCUSSION:
The City updated its schedule of authorized positions in January 2022 and November 2022. It would now be appropriate for the City Council to update the Conflict of Interest code to reflect the recent changes.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Resolution - Conflict of Interest Code
110
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF
INTEREST CODE SET FORTH BY THE CALIFORNIA STATE FAIR
POLITICAL PRACTICES COMMISSION FOR ELECTED OFFICIALS,
BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE
CITY OF WILDOMAR
RECITALS
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code; and
WHEREAS, the City has adopted Regulation 18730 as its conflict of interest code on August 27, 2008; and
WHEREAS, such terms can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wildomar as follows:
1. The terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit A, in which officials, boards and commission members and employees are designated, and Exhibit B in which disclosure categories are set forth, constitute the conflict of interest code of the City of Wildomar.
2. Upon receipt of statements of the Members of the City Council, Planning Commission, City Manager, City Attorney and City Treasurer, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Designated employees shall file statements of economic interests with the City Clerk. All statements of economic interests will be made available for public inspection and reproduction, upon request, pursuant to Government Code 81008.
3. Resolution No. 2019-68 is hereby repealed.
PASSED, APPROVED, AND ADOPTED this 14th day of December, 2022. 111
Joseph Morabito
Mayor Pro Tem
ATTEST:
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM:
Thomas D. Jex
City Attorney
112
EXHIBIT A
DESIGNATED EMPLOYEES
Position Disclosure
Category
Accounting Manager 1
Administrative Services Director 1
Assistant City Attorney 1
Assistant City Manager 1
Building Official 1
City Clerk 1
City Engineer 1
Code Enforcement Manager 1
Community Development Director 1
Community Services Director 1
Community Services Manager 1
Economic Development Director 1
Economic Development Manager 1
Finance Director 1
Finance Manager 1
Manager of Operations and Maintenance 1
Parks, Community Services & Cemetery Manager 1
Planning Director 1
Principal Engineer 1
Public Works Director 1
Candidates for Council 1
Measure AA Committee Members 1
Measure Z Committee Members 1
*Consultants 1-3 as applicable
*Consultants shall be included in the list of designated employees and may be required to file a State of California, Fair Political Practices Commission, Statement of Economic Interests form. If a consultant participates in making financial decisions, said consultant is required to disclose certain types of information so that the public can be made aware of any potential conflict of interest. This form must be filed each year and is a public document. However, the following limitation may apply:
The City Manager may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section.
Such determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s 113
determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
The following positions are NOT covered by this code, because they are required to file full disclosure with the Fair Political Practices Commission (by way of the City Clerk) under Section 872000, and therefore, are listed for informational purposes only:
City Councilmembers
City Attorney
City Manager
City Treasurer
City Planning Commissioners
114
EXHIBIT B
DISCLOSURE CATEGORIES
All disclosure definitions are contained in the Political Reform Act.
All designated employees shall make disclosure in the following category:
1. Full Disclosure: All investments and business positions in business entities, sources of income including gifts, loans and travel payments, and interests in real property.
Form 700 Schedules: All Schedules (A through E)
2. Income: All sources of income including gifts, loans, and travel payments, unless otherwise exempt from disclosure by the Political Reform Act.
Form 700 Schedules: C, D, E
3. Real Property: All interests in real property located within the City.
Form 700 Schedules: B
115
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: December 14, 2022
SUBJECT: Community Event Partnership Policy
SUBMITTED BY: Daniel Torres
PREPARED BY: Daniel Torres, Community Services Director ACTION:
Staff recommends that the City Council approve the Community Event Partnership Policy SUMMARY:
The City has partnered with multiple organizations to provide residents and community with special events and activities. This policy provides the process towards partnering with the City.
BACKGROUND:
Staff has proceeded with selecting event partnerships on a case by case basis. The process would require for an event organizers to fulfill the temporary event permit packet with a request to collaborate with an existing scheduled event or present a premier level event that would call for higher city involvement. For collaborate efforts in existing events, city accrued expenses remains within the approved allocated budget and premier level events will require a Council approved budget allocation.
DISCUSSION:
The policy presented for approval provides transparent requirements and procedures for potential Community Event Partnerships. It states the eligibility, criteria, and additional requirements the city evaluates for potential event partnerships. Also included is an event tier description as reference for current and future events. The level of partnership for in-kind services or fee waiver will be dependent on the event tier of the proposed activities. A final requirement is a post event report that would be submitted to Community Services Department within 30 day following the event. Lastly, the policy states that potential partnerships will be presented as an MOU to city council for approval.
FISCAL IMPACT:
There is no fiscal impact for approval. Applications will be required to fulfill the Temporary Event Permit process. Potential partnership will be presented to Council for approval. 116
ACCOUNT CODE:
None
ATTACHMENTS:
Community Event Partnership Policy.pdf
117
1 City of Wildomar
Community Event
Partnership Policy
118
2 INTRODUCTION
The City of Wildomar receives request from community groups to hold and partner in special events and activities that often require resources from the Community Services and Public Works Departments. The City Council encourages the Community Services Department to coordinate with local organizations where the efforts or activities of the organizations aligns, compliments, elevates or supports City services to the community.
Community Event Partnerships can be very lucrative for both parties creating a way to collaborate and improve the event experience by utilizing both parties’ resources. The purpose of this policy is to establish evaluation standards for requests for partnerships and assistance through in-kind services that will better serve Wildomar residents.
ELIGIBILITY
501(c)(3) Recognized– Organizations that meet the following criteria may be recognized as a Non-Profit Organization by the City.
1. Non-profit organization must provide documentation. Employer Identification Number (EIN) and Determination Letter. City will verify the status of documentation.
2. The organization must have filed for incorporation and be currently registered with the Registry of Charitable Trust. Organization must provide the Registry of Charitable Trust (RCT) Registration Number. City will verify the status of documentation.
Commercial Business- Business that meet the following criteria may be recognized by the City:
1. Registered Business with the City of Wildomar.
2. Provides services to the City of Wildomar Residents.
3. Business must not have any open cases with Code Enforcement.
CRITERIA
To consider a request an organization would be required to meet all of the following criteria:
1. Event or activity must be open to the general public.
2. Event or activity must offer a service or benefit to the community.
3. Event or activity must align, compliment, elevate or support a current city event or service.
4. Organization must not be financially dependent on receiving City of Wildomar support.
5. Organizations must obtain all appropriate permits, insurance, and agree to follow all City regulations.
6. Request must be submitted a minimum of sixty (60) days prior to the date of the event or activity to allow City Staff to determine if request can be met.
7. An individual organization may apply for a maximum of four (4) events per calendar year.
8. A Memorandum of Understating will need to be approved by City Council during a scheduled meeting.
9. Organization must submit a Post Event Report to the City within 30 days following the event.
119
3 BENEFITS OF PARTNERSHIPS
1. Priority reservation of facilities as part of the departments’ planning process.
2. Use of facilities for storage of equipment and supplies that align with approved activities.
3. Assignment of a staff liaison as a primary point of contact. Liaisons will facilitate communications between the City and Event Partner.
4. Advertisement or recognition within the city website and other city publications as may be approved by the Community Services Director.
5. Waiver of permit fees, facility use, and limited in-kind services based on qualified activities within event tier as approved by City Council.
EVENT TIERS
Tier I: Premier scale (1,500+ attendees) events that involves offsite parking, traffic control and multiple days for set up and breakdown.
Tier II: Large scale (1,000 – 1,500 attendees) events that involve traffic control and higher levels of public safety and sanitation.
Tier III: Medium scale (150 – 1,000 attendees) events that do involve public safety.
Tier IV: Small scale (50 – 150 attendees) with all activities completed within few hours.
APPLICATION
All eligible entities must complete a Temporary Event Packet. The packet provides instructions to guide and assist in the preparation and processing a Temporary Event Permit. Temporary events are permitted in accordance with the use and operational regulations outlined in Chapter 17.256 of the Wildomar Municipal Code (WMC). Other permits from other agencies such as the Riverside County Health Department, Alcohol Beverage Control, or Fire Department may be required.
APPLICATION REVIEW/APPROVAL
Partnership applications will be accepted and reviewed on an on-going basis. The City Council allocates a limited budget for special events. Approval of partnership is determined on a case-by-case basis related to the eligibility requirements, purpose and goals of each independent event. Approval for partnership in one year does not imply or guarantee approval in subsequent years for an organization or an event. Partnership applications will be reviewed by the Community Services Director and/or staff and will make a recommendation to the City Manager for City Council approval.
INDEMNIFICATION AND INSURANCE
Applicant must agree to defend, indemnify and hold harmless the City, its officials, officers, employees, and agents from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries as it relates to applicants services provided to the City.
Applicant must provide a certificate of insurance providing evidence of general liability insurance coverage in the minimum amount of $1,000,000 combined single limit and an additional insured endorsement naming the City of Wildomar, its officers, employees, 120
4 and agents as additional insured. The insurance provided to the City of Wildomar as an additional insured must apply on a primary and non-contributory basis and include a waiver of subrogation. The certificate of insurance must be submitted no later than 10 days prior to the event. Insurance is also available for purchase through the City’s insurance provider. Submit the Coverage Request form with your application to receive a quote.
If applicable, Workers' Compensation Insurance with statutory limits as required by the State of California Labor Code. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City.
USE OF CITY NAME, IDENTITY OR LOGOS
Use of the City name, identity or logo in relation to any activity held at city facilities or supported by the City through any Community Event Partnership, must be approved by the Community Services Director. Event partners shall acknowledge the City’s support in all publicity relating to the event or activity. This includes logos and statements in all advertising and promotional material, media releases and in other promotional contexts.
Promotional opportunities should be detailed in the event application.
POLITICAL/RELIGIOUS ACTIVITIES
Political activities may not be held on park property under any type of City coordinated event. In like manner, no religious church, creed or sectarian organization to promote religious purposes will be approved under the partnership. Religious organizations are not excluded from partnerships. Organizations which participate in the program partnership may not associate political or religious activities with the programs or activities for which they have applied. Activities of a political or religious nature may be scheduled through the normal park reservation or temporary event permit process.
BANNERS
All banners must be in compliance with the City Sign Ordinance. User group must submit a Temporary Sign/Banner Application to the Community Services Department specifying the Promotional Banner requirements. All banners must be maintained in good condition and hanging properly. All banners must be of appropriate nature. The city can request banners be removed for any reason. Banners are to be provide to the Community Services Department for placement.
GENERAL REGULATIONS
The applicant is subject to all City of Wildomar Municipal Codes. 121
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: December 14, 2022
SUBJECT: Popeyes Restaurant – Public Improvement Agreement SUBMITTED BY: Emily Stadnik
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:
Authorize the City Manager to execute the Public Improvement Agreement with DMSD Cajun Properties, LLC.
BACKGROUND:
Popeyes Restaurant is an approved plot plan (Plot Plan No. 21-0138) for a drive-thru restaurant on the east side of Orange Street north of Bundy Canyon Road. The project is in a commercial zone. The site is 49,877 square feet, triangular shaped and adjacent to the I-15 Freeway. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B. The precise grading plan for this project is approved and the precise grading and BMP agreements were approved at the October 12, 2022 council meeting. The project’s street improvement plans are currently being processed with the City.
DISCUSSION:
Public Improvement Agreements
In order to complete the public improvements, the Developer is required to enter into a Public Improvement Agreement (Attachment C) with the City. The agreement identifies the Developer’s obligations to the City in performing and completing the construction for public improvements. The agreement also provides the City with bonds to ensure the Developer will fulfill his/her obligations and secure improvements. If the Developer fails to fulfill these obligations, the bonds will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The security amounts are based on the Developer’s engineer’s construction cost estimates for the public improvements.
Staff is requesting that the City Council authorize the City Manager to execute the Public 122
Improvement Agreement with DMSD Cajun Properties, LLC.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits.
ATTACHMENTS:
Attachment A - Aerial Map.pdf
Attachment B - Site Plan.pdf
Attachment C - PIA Surety and Cost Est.pdf
123
ATTACHMENT A
Aerial Image of
Popeyes Restaurant
(highlighted in yellow)
124
125
22 1 2 3 4 20 19 21 23 24 2526 27 5 6 7 8 9 10 11 12 13 14 15 161718 NO PARKING NO PARKING
LOADING
ZONE ARCO GAS STATION CAR WASH AMPM TRASH ENCLOSURE 5 2,984 SF ONE-STORY RESTAURANT 83'-6" 38'-11" 13 13 13 26 UP UP 27 16 TYP. 21 22 11 24 15 11 2TYP. 18 11 COMMERCIAL DRIVEWAY RIV. CO. STD. 207A 14 60'-0" ORANGE ST 30'-0" TYP. 9 192TYP. 27 39'-4" 149'-11" EXISTING DRIVEWAY SHARED 27 1 19 21 20 19 18 17 16 15 14 13 12 11 10 9 8 126'-0" 14 SPACES @ 9'-0" 19'-0"
TYP
LOT AREA 49,877 SF 21 PARKING SPACES 20 TYP. 19 4TYP. DRIVE THRU DRIVE THRU 19 UP 24 TYP. 21 UP UP 17 10 2367 12 24 54'-0" 8'-0" 9'-0" 6 SPACES @ 9'-0" 4'-11" 16'-1" 5'-11" 10'-0" 5'-10" 28'-0"
25'-0" 11 11 11 8 8 3 3 22 INTERSTATE 15 OFF-RAMP
12'-6" 11'-0"
20'-8"
12'-0"
23'-0" 4'-11"
4'-6"
34'-11"
9'-5"
13'-8"
5'-1"
22'-10"
5'-7"
12'-0"
3'-6" 6'-10"
6'-3" 5'-10"
9'-1"
49'-8" 12'-0" 8'-0" 12'-6" 16'-0" 15'-9"
39'-0"
PL
PL PL PL
53'-7" 25 TEMECULA VALLEY FWY COMMERCIAL DRIVEWAY RIV. CO. STD. 207A 7 6 5 4 3 2 1 TOW AWAY SIGN PER LOCAL CODES. YARD LIGHT LIGHT FIXTURES. PREVIEW MENU BOARD. PAINT TRAFFIC ARROWS. LANDSCAPE AREA. GAS METER. PAINT HANDICAP SYMBOL - WHITE ON BLUE BACKGROUND. 6' HIGH MASONRY TRASH ENCLOSURE WITH STEEL GATES. PAINT TRASH ENCLOSURE & GATES TO MATCH BUILDING. ACCESSIBLE PARKING SIGN. NEW DRIVEWAY. KEY NOTES 5'x5' LEVEL LANDING AREA. 1234568910111271314 MENU BOARD. CLEARANCE BAR. ACCESSIBLE PATH OF TRAVEL FROM ACCESSIBLE PARKING STALL. PL NO PARKING ARCO GAS STATION CAR WASH AMPM T.E. 83'-6" 38'-11" UP UP 2TYP. ORANGE ST INTERSTATE 15 OFF-RAMP 39'-0"
PL
PL PL PL PL
BUNDY CANYON RD
TEMECULA VALLEY FWY
34'-7"
150' FIRE TRUCK EXISTING FH CURB RAMP. A.C. PAVING AND BASE. CONCRETE WHEEL STOPS. 15161718 1920212223 CONCRETE DRIVE THRU LANE. DIRECTIONAL SIGN, BY VENDOR UNDER A BOLLARD. POLE SIGN UNDER A SEPARATE PERMIT DETECTABLE WARNINGS. ACCESSIBLE PATH OF TRAVEL FROM ROW. SEPARATE PERMIT. 24 CONCRETE HARDSCAPE. 25 RETAINING WALL. SEE CIVIL PLANS 26 BICYCLE RACK 27 SIGHT VISIBILITY TRIANGLE PLANNING SUBMITTAL G S O O T A E S T RENEWAL DATE F C F A L I 12-31-2023 NR AI RK RB A C-31482 A I E MA L ICENS ED ARCH I T ECT L ALL REPORTS, PLANS AND DOCUMENTS PREPARED BY MARKS ARCHITECTS SHALL REMAIN THE PROPERTY OF MARKS ARCHITECTS AND IS INTENDED FOR USE FOR THIS SPECIFIC PROJECT ONLY. marks architects 2021-2022 PROTOTYPE: STORE NUMBER: FRANCHISEE: POPEYES FS 2136 CLASSIC DMSD CAJUN Ⓒ - EATS 09.03.21 ORANGE ST AND BUNDY CANYON RD WILDOMAR, CA 92595 PLANNING CORRECTIONS 11.15.21 SD0 -REVISIONS: SITE PLAN SITE PLAN SITE PLAN SCALE: 1"=20'-0" 1 KEY PLAN SCALE: 1/64"=1' 126
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement 127
RIV #4832-8271-4976 v2 1
PUBLIC IMPROVEMENT AGREEMENT
NO FEE DOCUMENT
Government Code §6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s
Use Only
Project
Name: Popeye’s Restaurant
Project No.:
Address:
21-0138
33926 Orange St.
APN: 366-290-011
PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this 14th day of December, 2022 by and between the City of Wildomar, a California municipal corporation (“City”) and DMSD Cajun Properties, LLC, a Delaware limited liability company, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.
RECITALS
A. Principal owns the real property located at 33926 Orange Street, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).
B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.
C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Construction of Improvements. The Principal agrees to construct and install 128
RIV #4832-8271-4976 v2 2
PUBLIC IMPROVEMENT AGREEMENT
on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”).
Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement. a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement. c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements.
2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.
3. Completion of Improvements. Upon satisfactory completion of all Required Improvements as determined by the City Engineer or his or her designee (hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and 129
RIV #4832-8271-4976 v2 3
PUBLIC IMPROVEMENT AGREEMENT
procedures and the terms of this Agreement.
4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.
a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.
5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices.
An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the 130
RIV #4832-8271-4976 v2 4
PUBLIC IMPROVEMENT AGREEMENT
Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.
6. Inspection. Principal shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.
7. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Principal’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Principal fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Principal and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Required Improvements or their condition prior to acceptance. Until final acceptance of the Required Improvements, Principal shall give good and adequate warning to the public of each and every dangerous condition existing on the Property, and will take reasonable actions to protect the public from such dangerous conditions.
8. Superintendence by Principal. Principal shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor 131
RIV #4832-8271-4976 v2 5
PUBLIC IMPROVEMENT AGREEMENT
or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Principal shall maintain an office with a telephone and Principal or a person authorized to make decisions and to act for Principal in Principal’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.
9. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Principal shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Principal shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.
10. Warranty. If, within a period of one year after final acceptance by the City of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Principal can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City. As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty, Principal and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Required Improvements. Nothing herein shall relieve Principal from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Required Improvement following expiration of the Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. Defense, Indemnification and Hold Harmless. Principal shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Principal, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Required Improvements, or performance of this Agreement. This indemnification includes, without limitation, the 132
RIV #4832-8271-4976 v2 6
PUBLIC IMPROVEMENT AGREEMENT
payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Principal’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $218,000.00 (Two Hundred Eighteen Thousand and No/100 Dollars).
(2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $109,000 (One Hundred Nine Thousand and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.
(3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $21,800.00 (Twenty One Thousand Eight Hundred and No/100 Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. (4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City Engineer, which total cost is in the amount of Not Applicable, to guarantee and secure the placement of such monuments.
133
RIV #4832-8271-4976 v2 7
PUBLIC IMPROVEMENT AGREEMENT
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.
Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. 134
RIV #4832-8271-4976 v2 8
PUBLIC IMPROVEMENT AGREEMENT
d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed.
(2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.
13. Insurance.
a. Types; Amounts. Principal shall require anyone who performs work on the Public Improvements (referred to hereinafter as "contractors") to procure and maintain, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. (1) General Liability. All contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the contractor. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a 135
RIV #4832-8271-4976 v2 9
PUBLIC IMPROVEMENT AGREEMENT
subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2) Business Automobile Liability. All contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, borrowed and non owned by the insured or for which the insured is responsible.
(3) Workers’ Compensation. All contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of not less than $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees.
(4) Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. 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 work under this agreement.
(5) Pollution Liability. All contractors shall procure and maintain pollution liability insurance for pollution incidents at or from any location at which the contractor is performing work under this agreement with limits of not less than $1,00,000 per Pollution Incident, and $1,00,000 aggregate. Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended 136
RIV #4832-8271-4976 v2 10 PUBLIC IMPROVEMENT AGREEMENT
reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
b. Deductibles. Any deductibles or self-insured retentions shall be shown on the Certificate of Insurance. If the deductible or self insured retention exceeds $25,000 it shall be approved in advance by the City. Principal and/or its contractors are responsible for any deductible or self insured retention and shall fund it upon the City's written request, regardless of whether Principal and/or its contractors have a claim against the insurance or are named as a party in any action involving the City. . At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
c. Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Principal, including materials, parts, or equipment furnished in connection therewith Additional insured status shall continue for one (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d. Primary Insurance; Waiver of Subrogation. The General Liability Insurance shall be primary to, and noncontributory with, maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.
e. Certificates; Verification. Principal shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
f. Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Principal shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Principal shall forthwith obtain and submit proof of substitute insurance. Should Principal fail to immediately provide proof pf other 137
RIV #4832-8271-4976 v2 11 PUBLIC IMPROVEMENT AGREEMENT
insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
g. Insurer Rating. Unless approved in writing by City, all Required Insurance shall place with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
14. Principal Not Agent of City. Neither Principal nor any of Principal’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Principal’s obligations under this Agreement.
15. Default; Notice; Remedies.
a. Notice. If Principal neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Principal to be in default or violation of this Agreement and make written demand upon Principal or its surety, or both, to immediately remedy the default or violation. Principal shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Principal shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Principal and its surety shall be liable to City for all costs of construction and installation of the Required Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement. b. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Principal and its surety, without the necessity of giving any further notice to Principal or surety. City’s right to take such actions shall in no way be limited by the fact that Principal or its surety may have constructed any, or none of the required or agreed upon Required Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Principal or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Principal or its surety the full cost and expense incurred. c. Other Remedies. No action by City pursuant this section shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue 138
RIV #4832-8271-4976 v2 12 PUBLIC IMPROVEMENT AGREEMENT
inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
16. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Engineer
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Notices required to be given to Principal shall be addressed as follows:
Dawood Beshay
DMSD Cajun Properties, LLC
41760 Ivy Street, Suite 201
Murrieta, CA 92562
17. Authority to Execute. Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agreed to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs arising out of claims that is signatory was not competent or so authorized to sign this Agreement.
18. Attorney’s Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs.
19. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
20. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses.
139
RIV #4832-8271-4976 v2 13 PUBLIC IMPROVEMENT AGREEMENT
21. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Required Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Required Improvements or this Agreement.
22. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.
23. Approvals by City; Amendment. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorized the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
24. Construction and Interpretation. It is agreed and acknowledged by Principal that the provisions of this Agreement have been arrived at through negotiation, and that Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
25. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. The Agreement shall be recorded in the Office of the Recorder of Riverside County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.
26. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.
27. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral. 140
RIV #4832-8271-4976 v2 14 PUBLIC IMPROVEMENT AGREEMENT
28. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Principal include all personnel, employees, agents, and subcontractors of Principal, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
29. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.
30. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
31. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.
32. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal. Nothing herein shall be deemed to make Principal or its contractors an agent or contractor of City IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
141
RIV #4832-8271-4976 v2 15 PUBLIC IMPROVEMENT AGREEMENT
CITY OF WILDOMAR
Daniel A. York
City Manager
PRINCIPAL:
Name:
Title:
Name:
Title:
ATTEST:
___________________________
Janet Morales
City Clerk
APPROVED AS TO FORM
___________________________
Thomas D. Jex
City Attorney
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO T BUSINESS ENTITY.
142
RIV #4832-8271-4976 v2 16 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
1.41 acres in portion of Lot 28, Sedco Tract No. 1, as shown by map on file in Book 10
APN: 366-290-011
143
RIV #4832-8271-4976 v2 1
PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “B”
SURETY BONDS AND OTHER SECURITY
As evidence of understanding the provisions contained in this Agreement, and of the Principal’s intent to comply with same, the Principal has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE SECURITY: $ 218,000.00
Surety:
Attorney-infact:
Address:
PAYMENT SECURITY: 109, 109,000.00 $
Surety:
Attorney-infact:
Address:
MONUMENT SECURITY: Not Applicable
Amount deposited per Cash Receipt
No.
Date:
144
RIV #4832-8271-4976 v2
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
STREET IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar, California (“City”) and DMSD Cajun Properties, LLC (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Popeye’s Restaurant Street Improvements (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated December 14, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of Two Hundred Eighteen Thousand Dollars ($218,000.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement 145
RIV #4832-8271-4976 v2
2 PUBLIC IMPROVEMENT AGREEMENT
Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY
PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
146
RIV #4832-8271-4976 v2
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
STREET IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar California (“City”) and DMSD Cajun Properties, LLC (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Popeye’s Restaurant Street Improvements (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated December 14, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the 147
RIV #4832-8271-4976 v2
2 PUBLIC IMPROVEMENT AGREEMENT
Principal, the sum of One Hundred Nine Thousand Dollars ($109,000.00), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its 148
RIV #4832-8271-4976 v2
3 PUBLIC IMPROVEMENT AGREEMENT
duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
149
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: December 14, 2022
SUBJECT: Planning Commission Meeting Starting Time Change SUBMITTED BY: Matthew Bassi
PREPARED BY: Matthew Bassi, Planning Director
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
DESIGNATING THE TIME, DATE, AND LOCATION OF PLANNING COMMISSION MEETINGS; AND REPEALING RESOLUTION NO. 2012-33
DISCUSSION:
On July 14, 2021, the City Council took action to change the meeting start time for Council meetings from 6:30 pm to 6:00 pm (Resolution No. 2021-38 - Attachment B). Council's action on the time change was recently presented to the Planning Commission for discussion to see if the Commission would support a similar change to their meeting start time. The Commission discussed this and unanimously supported changing their meeting start time from 6:30 pm to 6:00 pm.
As a result, the Commission requested staff prepare a Resolution for Council consideration to officially make the start time for Commission meetings 6:00 pm instead of 6:30 pm. As outlined in WMC Chapter 2.24.060 (D), the Planning Commission's regular meeting day and time are set by Resolution; therefore, given the Commission's direction, the Planning Department has prepared a Resolution (Attachment A) formally adopting the new start time for PC meetings.
FISCAL IMPACT:
None.
ATTACHMENTS:
Attach A - Council Resolution-PC Time Change.pdf
150
Attach B - Council Resolution 2021-38 [7-14-21].pdf
151
ATTACHMENT A
152
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WILDOMAR, CALIFORNIA, DESIGNATING THE TIME,
DATE AND LOCATION OF PLANNING COMMISSION
MEETINGS; AND REPEALING RESOLUTION NO. 2012-33
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1 FINDINGS.
A. The City Council has adopted Ordinance No. 16, which established an appointed Planning Commission consisting of five members under the authority of Government Code Section 65100 and following (“Local Planning Law”).
B. The City Council wishes to establish designated regular meeting times and dates for the Planning Commission that are consistent with those of the City Council regular meeting times.
C. In accordance with WMC Chapter 2.24.060 (D), the City Council has the authority to adopt changes to the Planning Commission regular meeting day and time via a Council Resolution as presented herein.
SECTION 2 PLANNING COMMISSION DATES AND TIMES.
Regular meetings of the Planning Commission shall be held at 6:00 p.m. on the first Wednesday of each month in the City Council Chambers or such other location as may be designated from time to time by the Planning Commission.
SECTION 3 REPEAL OF RESOLUTION NO. 2012-33.
City Council Resolution No. 2012-33 is hereby repealed in its entirety.
SECTION 4. EFFECTIVE DATE.
This Resolution shall take effect immediately and remain in effect until repealed, rescinded or superseded by action of the City Council.
PASSED, APPROVED, AND ADOPTED this 14th day of December, 2022. ______________________________
Joseph Morabito
Mayor Pro Temp
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
153
154
155
156
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 1.11
Meeting Date: December 14, 2022
SUBJECT: Professional Service Agreement for Laserfiche with Complete Paperless Solutions (CPS).
SUBMITTED BY: Jandi Aguilar
PREPARED BY: Jandi Aguilar, Administrative Analyst
ACTION:
Authorize the City Manager to execute the agreement with Complete Paperless Solutions (CPS).
SUMMARY:
On Monday, October 17, 2022, the City issued a Request for Proposal, inviting qualified Laserfiche vendors to submit a proposal for a cloud-based electronic document management system (EDMS) that would:
1. Comply with industry-recognized standards relating to security techniques and information security management and provide administrative users with controls to prevent stored records from being overwritten, deleted, or altered and
2. Provide tools and features to enable workflow efficiency, improve knowledge and information sharing, improve document findability, decrease the duplication of records, and minimize costs for implementing an effective Records and Information Management Program.
The city received three (3) proposals. Complete Paperless Solutions (CPS) was one (1) of three (3) respondents. The City formed an evaluation committee composed of staff from different departments to review the proposals. Based on a scoring system, CPS was determined to be the highest ranked and provided a solution that best suited the City’s needs.
BACKGROUND:
One of the objectives for FY 22-23 is to enhance resident engagement. The implementation of a City-wide Electronic Document Management System (EDMS) will reduce/eliminate the need 157
for paper transactions where feasible and provide more opportunities for residents to complete transactions with the city online, with appropriate security measures. Laserfiche will allow staff to streamline the public records request process by facilitating the retrieval of City documents.
Laserfiche’s workflows will enhance document processing of external and internal city documents used for city business. Laserfiche meets California Government Code and Regulations 22620.1 through 22620.8 associated with Trustworthy Electronic Document or Record Preservation. Laserfiche provides its users with document security and disaster recovery capabilities.
DISCUSSION:
The City Clerk’s office will be responsible for managing Laserfiche and overseeing the implementation of the EDMS and user training. The City has negotiated a three-year contract with CPS for a total of $68,000.00 for Laserfiche Cloud Document Management. Laserfiche Cloud document Management includes records management, web client, audit trial, import agent, Laserfiche scanning, connector, mobile, office plug-ins, and integration with DocuSign, SharePoint, MS Teams, and Dynamic 365CRM. The first-year cost includes licensing, training, implementation cost plus 10% contingency for 12 users. The purchase of Laserfiche with Complete Paperless Solutions (CPS) is approved under the National Cooperative Purchasing Alliance (NCPA). NCPA is a leading national government purchasing cooperating working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA utilizes state-of-the-art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest price. NCPA’s RFP for an electronic Management document system has established Complete Paperless Solutions as a credible retail that will provide the City with the best competitive pricing. Retailers under the NCPA’s RFP are ensured to provide public agencies with the highest quality service at the lowest price. The utilization of another public agency’s purchase of such supply or equipment for procurement is allowed under Municipal Code Section 3.24.080 Purchasing Methods, which sets forth the required methods for purchasing supplies and equipment. Section 3.24.080 states that the acquisition of supplies or equipment may be obtained under the following circumstances:
1. The supply or equipment is available through or in conjunction with another public agency’s purchase of such supply or equipment; and
2. The other public entity (in this instance NCPA) has gone through a bidding process that the City Manager determines is comparable to those processes adopted in Section 3.24.080.
FISCAL IMPACT:
The total cost of the contract will be $68,000 which includes a 10% contingency for each year's cost. The first-year cost includes records management, training, one-time integrations and licensing for 12 users. Year 2 includes licensing for 14 users. Year 3 includes licensing for 16 users. Year 1 has already been budgeted in the City’s budget for FY 2022/2023. The remaining years will be budgeted in the upcoming budget cycles. 158
Contract breakdown
Year 1: 33,000
Year 2: 16,500
Year 3: 18,500
ACCOUNT CODE:
100-410-4130-58110
ATTACHMENTS:
A. CPS Agreement and Proposal
B. City Issued Laserfiche RFP
C. Addendum No. 1 - Laserfiche RFP
159
160
161
RIV #4814-7282-0706 v1 - 2 -
b. Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and only if when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
a. Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the Amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The Total compensation, including reimbursement for actual expenses, shall not exceed $68,000.00 dollars, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed amounts exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and Service Provider's books and records related to 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 the City, for a period of three (3) years after final payment under the Agreement.
b. Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment, and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by Service Provider to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
CITY OF WILDOMAR
REQUEST FOR PROPOSALS
Laserfiche
City of Wildomar
City Clerk’s office
23873 Clinton Keith Rd., Ste. 110
Wildomar, CA 92595
www.cityofwildomar.org
Proposals Due by 5:00 pm on
Thursday, November 03, 2022
215
2 | P a g e
Request For Proposal: Laserfiche
General Information
The City of Wildomar is located in Southwest Riverside County, along the Interstate 15 freeway between the cities of Lake Elsinore and Murrieta. It is approximately 24 square miles with a population of 37,189. For additional information on the City of Wildomar please go to the website at: www.cityofwildomar.org.
The City of Wildomar is requesting a proposal from qualified Laserfiche providers. The required services and performance conditions are described under SECTION 4. SCOPE OF WORK of this document.
There is no expressed or implied obligation for the City of Wildomar to reimburse responding firms for any expenses incurred in preparing a proposal in response to this request. Materials submitted by respondents will be subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), after the award of the contract or final rejection of all proposals, unless exempt.
SECTION 1. PROPOSAL SUBMITTAL INFORMATION
Required hard copies of the Proposal shall be printed single-sided, unbound, no hole punch, no staples, paper clips ok and submitted on 8-1/2” x 11” paper. Two (2) signed original hard copies should be submitted to the City by 5:00 pm on Thursday, November 03, 2022.
The proposal shall be in a sealed envelope clearly marked “RFP Laserfiche”.
Mailed Bids:
CITY OF WILDOMAR
RFP Laserfiche
Attention: Janet Morales, City Clerk
23873 Clinton Keith Road, Ste 201
Wildomar, CA 92595
Overnight or in-person delivery:
CITY OF WILDOMAR
RFP Laserfiche
Attention: Janet Morales, City Clerk
23873 Clinton Keith Road, Ste 110
Wildomar, CA 92595
Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Wildomar and the firm selected.
Questions regarding this RFP for clarification purposes only should be directed by email to Jandi Aguilar, Admin. Analyst, at [email protected]. Material changes, if any, to the scope of services or proposal procedures will only be transmitted via written addendum by the City.
Proposals will not be accepted by fax or electronically. 216
3 | P a g e
Request For Proposal: Laserfiche
Late Proposals
Proposals arriving after the specified date and time will not be considered, nor will late proposals be opened. Each firm assumes responsibility for the timely submission of its proposal.
Withdrawal Or Modifications of Proposals
Any proposal may be withdrawn or modified by a written request signed by the firm and received by the City Clerk prior to the final time and date for the receipt of proposals. Once the deadline is passed, firms are obligated to fulfill the terms of their proposal.
Proposal Acceptance and Rejection
The City of Wildomar reserves the right to accept any proposal, reject any and all proposals, call for new proposals, and to award the contract to others other than the lowest cost proposal if deemed to be in the best interest of the City.
Proposal Calendar
RFP Event Due Date
RFP Circulated Monday, October 17, 2022
Last Date to Submit Questions on RFP Tuesday, October 25, 2022 Respond to Questions Thursday, October 27, 2022
RFP Due Date Thursday, November 3, 2022
Finalist Selected Thursday, November 10, 2022
Presentations/Interviews (if necessary) November 14-15, 2022 Contract Awarded by City Council Wednesday, December 14, 2022 Expected First Day of Operations Monday, January 9, 2022 SECTION 2. GUIDELINES FOR PROPOSAL
The following guidelines are provided for standardizing the preparation and submission of proposals. The intent is to assist respondents in the preparation of their submissions and to assist the City by simplifying the review process and providing standards for the comparison of submissions. Statements submitted in response to this RFP shall include a complete response to the requirements in this section in the order presented. Statements of the respondent’s capability to satisfy the intent and requirements of this RFP should be straightforward.
The proposal shall contain the following information in the order listed:
2.1 Introduction Letter:
• The introductory letter should state the prime firm and include the firm’s name submitting the proposal, their mailing address, telephone number, Federal employer I.D. number, and contact name.
• The letter shall address the firm’s understanding of the project based on this RFP and any other information the firm has gathered.
• Include a statement discussing the firm’s interest and qualifications for this type of work.
• The letter shall be signed by a principal authorized to commit the firm contractually. 217
4 | P a g e
Request For Proposal: Laserfiche
• Provide the name, title, address, email, and telephone number of the key contact for the Firm during the RFP and award process.
• Identify any pending legation against the company, including the parent company or subsidiary.
• State any failures to complete contracts.
• Indicate any bankruptcy or insolvency in the last 10 years. Indicate the number of years the business has operated under the present name. • Indicate if the Proposer is partially owned by another business organization or the individual that will be providing the service.
2.2 Qualifications and Experience:
Describe the proposed firm’s electronic document management (EDMS) capability for undertaking and performing these services. Provide the organization’s background and briefly describe the firm’s size as well as organizational structure. Describe how the firm would plan to staff for this service with an emphasis on responsibilities and key roles.
Indicate the number of years the company has been providing the required, equivalent, or related services.
2.3 References:
The Proposer must provide at least five references for similar, completed implementations, with at least three of the references for systems that have been implemented in the last five years. The City prefers references from California agencies of similar size and complexity to the City. List types and locations of similar work performed by the firm in the last five (5) years that best characterizes the quality and past performance.
Include:
• Client names
• Current phone numbers
• Brief project description including identifying the software version and modules implemented
• Email addresses for the representative projects
• Implementation cost
• Agency general fund budget
• Number of agency employees
• Total contract amount
• Implementation timeline and “go-live” date
References may be contacted as part of the selection process. References should not include the City of Wildomar Staff or City Council Members.
2.4 Work Plan and Schedule:
The Proposer should identify the proposed implementation approach, clearly identifying each phase, the timeline proposed, roles and responsibilities to be performed by the Proposer and those to be performed by the City. The Proposer’s response should clearly indicate the City resource requirements to meet the vendor’s proposed schedule. • Include a detailed implementation schedule with an estimated project start date of January 9, 2022, and an anticipated 2–3-month implementation timeframe, or propose an alternative based on the firm’s experience with similar efforts. Note key project milestones and timelines for deliverables. Identify any assumptions used in developing the schedule
218
5 | P a g e
Request For Proposal: Laserfiche
• Describe your implementation and project management methodology and approach to ensure successful implementation.
• Provide a project organization chart highlighting the key staff who will be assigned to the project. Provide biographies for the project manager and other key assigned resources.
• Provide a high-level project implementation plan that identifies high-level tasks and the required resources that will be performed by the firm. Also, outline tasks and resources that will be requested of the City.
• Provide a detailed work plan that identifies major activities, tasks, deliverables, and resources so that the City can clearly understand what the additional phases would include and the timeline for their completion.
• Describe the roles and responsibilities of the City staff during implementation, and provide an estimated number of City resources, expected role, and level of effort during each phase of the project.
• Describe your training methodology and training documentation and how you ensure users are prepared to use the proposed solution.
2.5 Comments on or Requested Changes to Contract:
The City’s standard Services Agreement is included in Attachment A, Exhibit C to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard contact language in this section. If no objections or changes are requested, then so noted in this section. Also in this section, the firm will provide current proof of insurance.
2.6 Conflict of Interest Statement:
The firm shall disclose any financial, business, or other relationship with the City that may have an impact on the outcome of this contract.
2.7 Fees/Billing Rates:
The City seeks a clear and comprehensive understanding of all costs associated with the proposed solution, implementation, and ongoing maintenance of the proposed system.
This shall include fee information that is relevant to a determination of whether the fee is fair and reasonable considering the service to be provided. The provision of this information assists the City in determining a firm understanding of the requested services and provides staff with tools to negotiate the costs. In addition to including the proposed costs to provide the desired services include any other cost and price information that would be contained in a potential agreement with the city.
1. Provide a complete outline of the estimated cost including firm costs and any ancillary costs such as, but not limited to, travel costs.
2. The total project cost submitted by the firm shall include all possible costs, including, but not limited to, overhead, contingencies, travel, in-house reproduction, and local communications.
219
6 | P a g e
Request For Proposal: Laserfiche
3. Any cost submittal shall include sufficient detail about the firm’s assumptions to permit the City to ascertain that the project can be completed within the cost proposed and to compare it to other proposals.
4. Include billable rate for optional additional services that may be requested during the project or after final acceptance.
5. Software licensing and Maintenance cost
6. Software hosting costs
7. Implementation costs such as software installation and configuration, project management, training, etc.
8. Integration services
9. 3
rd party products required/recommended for the proposed solution
10. Optional offerings such as scanning of files
2.8 Other Requirements
In this section of the proposal, the Proposers should address the following items in a concise manner:
• Describe ongoing maintenance, release/upgrade, and support services. At a minimum, Proposers should address the following items:
o Hours of support (stated in Pacific Time)
o Escalation procedures
o Response time commitments
o Identify if there are solution user groups and/or user conferences o Provide hardware and database specifications for the proposed solution.
As part of the Proposer’s response, confirm your acceptance of the City’s technical standards.
o Describe the frequency that application patches and releases that have been made available within the past two years. In addition, clearly identify the roles and responsibilities of the City to complete updates. • Provide a detailed description of the system architecture for the proposed Document solution including the following:
o High-level diagram of the required hardware architecture o Hardware and software requirements including server operating system, database
o server, client browsers supported, etc.
o List of scanning hardware that is required for the solution o Detail the inherent backup and recovery functionality that is available within the software
• Describe in detail technical support hours and service level agreements. Also include support protocols for any 3
rd party firms that are recommended for the
proposed solution. The firm/integrator will provide information on the following items:
o Software problem isolation and identification procedures o How new software is released and installed
220
7 | P a g e
Request For Proposal: Laserfiche
o If third-party software is used, information describing third-party software support
SECTION 3. SELECTION CRITERIA
During the evaluation process, the City of Wildomar reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. The award shall be made to the responsible firm whose proposal is determined to be the most advantageous to the City of Wildomar, taking into consideration price and adherence to the included specifications. The selection will not be driven by the lowest proposed cost. Price will be an indication to the staff of the firm’s understanding of the Scope of Work.
Nothing herein shall obligate the City to award a contract to any responding firm.
Qualification/ Inspection/ Interviews:
Proposals will only be considered from firms normally engaged in providing Laserfiche services as specified herein. The City reserves the right to inspect the firm(s) facilities, products, personnel, and organization at any time, or to take any other action necessary to determine the firm(s) ability to perform to the work required herein. The City reserves the right to reject proposals where evidence or evaluation is determined to indicate an inability to perform. The City reserves the right to interview any or all responding firms and/or to award a contract without conducting interviews.
SECTION 4. SCOPE OF WORK
4.1 Introduction
The City of Wildomar is requesting qualified service providers to submit a proposal including a pricing schedule and a summary of qualifications for providing electronic documents management (EDMS) services according to the City’s specifications and all other terms and conditions. The requested services consist of a qualified firm to take full responsibility for the implementation and support of Laserfiche.
4.2 Project Objective
The objective of this RFP is to implement the City’s first department-wide Electronic Document Management System (EDMS). The system will be managed by the City Clerk’s office.
The goals of implementing an EDMS include:
• Establish a relationship with a proven EDMS firm with long-term viability • Implement scanning software for the EDMS
• Have an enhanced user experience
• Maintain functionality and interlace to other software applications • Automate retention policies were appropriate for effective document management • Incorporate workflow for enhanced document processing • Non-disruptive implementation with minimal downtime for users • Extend the standardized use of an EDMS City-wide (scan/capture, index, storage, and retrieval of documents)
• Effective training for all City users
• Software Maintenance and Support
• Document security and disaster recovery capabilities
• Promotes the move from reactive to predictive maintenance activities 221
8 | P a g e
Request For Proposal: Laserfiche
• Provides appropriate updates to fixed assets
• Ensures meeting public service expectations
• Compliance with California Government Code and Regulations 22620.1 through 22620.8 associated with Trustworthy Electronic Document or Record Preservation
4.3 Technical Specifications
The firm must deliver to the City a new EDMS based on the following requirements. • Required Specifications
The EDMS system must have:
o Ability to scan and import standard data file formats, as well as largescale maps and plans, photographs, and video files o OCR functionality
o Boolean, metadata, and full-text searching
o Customizable reporting capabilities, including the ability to export reports as both PDF and Microsoft documents (such as Excel or Word) o Ability to publish documents to the City’s website for public access o Ability to “pull” data to auto-populate indexing/metadata values from other systems
o Retention management per the City’s retention schedule o Security for confidential records, including Personally Identifiable Information (PII)
4.4 Software System Licensing
The recommended solution should have the ability to support concurrent users. The recommended licensing model should support usage for all user types from software administration, scan/capture users, contributors/editors, search/retrieval (read-only), etc.
Provide an explanation of the software licensing model for the proposed solution (concurrent user or named user licensing).
4.5 Current City Technology Standards
Technology Current Standards
Database(s) Microsoft SQL Studio for EDEN app
Server OS Office 365 Cloud
Desktop OS Windows 10/11
Server Hardware Dell PowerEdge R440 (2x), Dell PowerEdge R530 Desktop Hardware Dell Optiplex
Laptop Hardware Microsoft Surface/Dell Latitude
Office Productivity Office 365
Browser Chrome / Edge
Email Server /Client Microsoft Outlook
Agenda Management Granicus
Electronic Document Signing DocuSign
Code Enforcement ComCate
222
9 | P a g e
Request For Proposal: Laserfiche
4.6 Implementation and System Configuration
The selected firm will be responsible for all software installation and configuration for the proposed solution with assistance from the City’s Information Technology personnel.
The selected firm will be responsible for providing all the necessary technical resources required for their product and the City will be responsible for installing the operating system, database components, and network connectivity. This includes all recommended system environments (development, test, production).
The firm will be required to completely configure the proposed software components. This includes security integration (with Active Directory/SSO) and system integration with the City’s current software applications.
The selected firm will be responsible for FULLY testing the product as delivered and installed on the server, along with all testing for the solution and any associated updates to the server with clear guidance/directions for the City to be able to migrate into production with the assistance of the firm team.
The firm/integrator will demonstrate that the installed and configured software meet all functional specifications provided in this document. All user acceptance test plans will be developed by the City to validate that each component of the system is installed and configured along with validating all anticipated functionality is performing as anticipated.
These user acceptance test plans will be specific and detailed clearly showing compliance with each requirement contained within this document and the firm/integrator response and shared with the selected firm after the firm’s design documentation is approved.
4.7 Conversion/Migration of Existing Content
Conversion/migration of electronic files (e.g., documents, images, photos) from shared drives into the new system will be required.
4.8 Education and Training
Any training costs must be clearly described in the cost proposal. Training for the operation of the proposed system shall be included in the response along with any other expenses related to training. It is preferable that the training be performed on-site, but virtual training may be accommodated. The following topics, at a minimum, must be addressed during the training:
• System Administration:
o Detailed training for the assigned City system administrators and other software support functions is required. This training should sufficiently enable the City’s staff to perform all required daily, weekly, monthly, and ad-hoc support activities.
The proposer will be responsible for the training of all new hires. • Technology Basics:
o These basics should include what EDMS is, how it functions from a user perspective, the various components used, etc.
• User Controls:
o This portion of the training should include detailed information on user access to each application/function, what each application/function is used for, how to 223
10 | P a g e
Request For Proposal: Laserfiche
use each application/function, which applications/functions to access in what order, etc.
• Security Maintenance Training:
o This level of training should include detail associated with how the security models are planned and configured in addition to procedures that should be followed by the City as updates to the security model are required. • Error Handling:
o The error-handling portion of the training should include descriptive information as to the various error messages that can be received by the users during daily operation. This training should be sufficient so the user can resolve what was entered incorrectly, performed improperly, or what process needs to be performed.
4.9 System Maintenance/Support:
The firm/integrator will be required to provide technical support for the installed/configured solution. The city will have primary and backup technical resources responsible for day-to-day system administration and troubleshooting with the users. These technical support resources will be trained by the firm/integrator on all product solution administrative functions necessary for the City’s project to be successfully supported and maintained after successful deployment into production. The product/solution-related technical training should enable the City staff to manage ongoing workload, be able to identify issues for firm support resolution, and support end-users using the product/solution.
SECTION 5. CONTRACT TERMS
It is the intent of the City to contract for the services presented herein for a term of three (3) years.
The City of Wildomar reserves the right to extend the term of this contract for two additional (1) one-year terms subject to the satisfactory negotiation of terms, including a price acceptable to both the City and the selected firm. The proposal package shall present all-inclusive fees for each year of the three-year contract term and the cost of an additional 2 years.
SECTION 6. BILLING/PAYMENT
It is anticipated that the agreement resulting from this solicitation if awarded, will be a fixed fee form of contract. The method of payment to the successful Proposer shall be shown as recurring yearly costs listed in Attachment A, exhibit C This figure shall include direct costs and overhead, such as, but limited to, transportation, communication, subsistence, and material. Non-recurring services will be compensated for time and materials at an hourly rate per Attachment A, Exhibit C. Payments will be based on monthly invoices to the City from the Proposer. The City of Wildomar does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits. The compensation and method is outlined in Attachment A section 4.
SECTION 7. INSURANCE REQUIREMENTS
The selected Proposer(s), at the Proposer’s sole cost and expense and for full term of the agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in (“Attachment A; Exhibit C”) Standard Agreement for Services. All policies, endorsements, certificates, and or/ binders shall be subject to the approval of the Risk Manager of the City of Wildomar as to form and content. The selected Proposer agrees to provide the City with a copy of said policies, certificates, and /or endorsements upon award of the contract 224
11 | P a g e
Request For Proposal: Laserfiche
ATTACHMENTS:
A. City of Wildomar Standard Agreement for Professional Services B. Evaluation Rubric
225
// 2021
RIV #4814-7282-0706 v1
AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
___________________________________
Exhibit A
226
RIV #4814-7282-0706 v1 - 1 -
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 20__ by and between the City of Wildomar, a municipal corporation (“City”) and ____________________, a ___________________ (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by [describe process used, i.e. request for qualifications, request for quotations, request for proposals, direct negotiation, informal quotes] the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a [proposal, quote, bid, etc.] for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for [___ years/months] commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
227
RIV #4814-7282-0706 v1 - 2 -
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to 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 the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 228
RIV #4814-7282-0706 v1 - 3 -
Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. 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 of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
229
RIV #4814-7282-0706 v1 - 4 -
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services 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. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or 230
RIV #4814-7282-0706 v1 - 5 -
scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider 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. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. 231
RIV #4814-7282-0706 v1 - 6 -
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
232
RIV #4814-7282-0706 v1 - 7 -
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, 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 work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service 233
RIV #4814-7282-0706 v1 - 8 -
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), 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 Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the 234
RIV #4814-7282-0706 v1 - 9 -
performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 235
RIV #4814-7282-0706 v1 - 10 -
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider:__________________________
__________________________
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement. 236
RIV #4814-7282-0706 v1 - 11 -
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
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 nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding 237
RIV #4814-7282-0706 v1 - 12 -
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
__________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
238
RIV #4814-7282-0706 v1 - 13 -
APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________
“Service Provider”: ________________________
By: __________________________ By: _______________________________ Name:___________________________ Name: ____________________________ Its (Title):_________________________ Its (Title): __________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
239
RIV #4814-7282-0706 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
240
RIV #4814-7282-0706 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
241
RIV #4814-7282-0706 v1
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
A.
B.
C.
D.
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A.
B.
C.
D.
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A.
B.
C.
D.
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A.
B.
C.
D.
242
RIV #4814-7282-0706 v1
V. Service Provider will utilize the following personnel to accomplish the Services:
A.
B.
C.
D.
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
A.
B.
C.
D.
243
RIV #4814-7282-0706 v1
B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
A. [job] [hourly rate]
B. [job] [hourly rate]
C. [job] [hourly rate]
D. [job] [hourly rate]
E. [job] [hourly rate]
II. Service Provider may utilize sub-contractors as indicated in this Agreement.
The hourly rate for any subcontractor is not to exceed $_______ per hour without written authorization from the City Manager or his designee.
IV. The total compensation for the Services shall not exceed $_________, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 244
RIV #4814-7282-0706 v1
Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
245
RIV #4814-7282-0706 v1
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
246
RIV #4814-7282-0706 v1
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 247
CONSULTANT SELECTION
LASERFICHE RFP EVALUATIONS
FIRM: _______________________________________
RATER: _____________________________________ DATE:______________________
EVALUATION CATEGORY SCORE
Technical competence and expertise as demonstrated by the responder’s expressed project understanding of the City’s needs, and their proposed project approach and methodology.
Maximum Score = 30 points
Project Team – the expertise, capabilities and technical competence of the team members as demonstrated by their backgrounds, the resources the firm has available to provide service, and their experience in handling projects with similar constraints.
Maximum Score = 25 points
Completeness and detail of Workplan and Schedule.
Maximum Score = 20 points
Qualifications - Relevant experience performed by the firm for similar agencies.
Maximum Score = 15 points
Fees/Billing Rates
Maximum Score = 10 points
TOTAL SCORE /100
RANKING
Noted Contract
Exceptions /
Changes to RFP
Reviewer’s
Additional
Comments
Exhibit B
248
ADDENDUM No. 1
For
REQUESTS FOR PROPOSALS - LASERFICHE
10/26/2022
The following amendments are made to the RFP Documents for the Laserfiche Request for Proposals.
ITEM 1 – Contractor Questions
Question Response
Whether companies from Outside USA can apply
for this?
Companies from outside the US are welcome to
bid, but the city prefers a US‐based company.
Whether we need to come over there for
meetings?
No, negotiations can be conducted via online
platforms.
Can we perform the tasks (related to RFP) outside
USA?
Yes, but you must be able to provide customer
support during our US office hours.
Can we submit the proposals via email?
No, all bids must be mailed or delivered in
person on or before the November 3, 2022,
deadline
How many Full access users will be required for
the initial implementation
The city is looking for a minimum of 12 full‐
access users.
Does the City anticipate the need for Read‐only
Users? If so, please indicate the number of Read‐
only users anticipated for the initial
implementation.
The city does not anticipate the need for Read‐
only users. The city is looking for a public portal.
Will the vendor be required to integrate with any
third‐party applications as part of the initial
implementation? If so, please provide a list of
applications and versions.
The vendor will be required to integrate with
third‐party applications such as SharePoint,
DocuSign, Granicus, and Comcate.
Does the City anticipate the need to provide
public access to designated documents via the
internet?
The city does anticipate the need to provide
public access to designated documents via the
internet.
Does the City prefer a Cloud‐hosted or Self‐
hosted/on‐premises solution? The city prefers a Cloud Hosted server. 249
Does the City have an estimate of the number and
type of documents stored on shared drives that
will need to be converted to the new system?
The approximate size of the city’s documents is 2
TB. Types of documents include PDF.
Does the city have a budget for this project? The budget is $30,000 for the first fiscal year.
Is the city interested in a Cloud solution or an On‐
Premises solution? Cloud solution.
How many Full Users and Read Only Users do you
anticipate needing?
The city is looking for a min. of 12 all‐access
users.
Has the city seen a demo of Laserfiche before? If
yes, which Service Provider presented the
demonstration?
Yes, the city has viewed a demo from ECS
imaging.
Can the City provide an estimated volume for data
to be converted?
An estimated volume of the amount of data to
be converted is 2 TB.
Can the city provide screenshots of how the
current folder structure is organized and the
naming convention.
The city does not have a current folder structure
or naming convention. File names and structure
vary depending on the department.
How many different document types is the city
looking to bring into Laserfiche currently stored in
the shared drives? PDF and word documents.
Does the City prefer an on‐premises or cloud‐
based Laserfiche system? The city prefers a cloud base Laserfiche solution.
Does the City currently use or plan to use ESRI
ArcGIS? Yes, the city currently uses ESRI ArcGIS.
How many internal users in total will need to
scan/capture and edit documents in the system?
The city will be contracting a company to scan
the documents into the system. If your company
offers these services, you are welcome to
provide us with a quote.
How much data in GB does the city have that will
need to be converted and migrated to the new
system?
The city has approximately 2000 gigabytes of
data that needs to be converted into the new
system.
Approved By: _________________________________________ DATE: ________________ Project Manager
Acknowledged By:______________________________________ DATE: ________________ Proposer’s Signature
ADDENDUM NO. 1 MUST BE SIGNED AND RETURNED WITH PROPOSAL ITEM 2 – There is no change to the RFP due date.
October 26, 2022
250
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: December 14, 2022
SUBJECT: Allocation of Non-Profit Replacement Funding for Fiscal Year 2022/2023
SUBMITTED BY: Robert Howell
PREPARED BY: James Riley, Project Consultant
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING THE BUDGETED ALLOCATION OF $17,500 FOR NON-PROFIT/CDBG REPLACEMENT FUNDING FOR FISCAL YEAR 2022/2023
BACKGROUND:
The City Council in June 2019 voted to take an advance of HUD/CDBG monies for to complete Phase 1 and Phase 2 of the Sedco Sidewalk project. One of Riverside County’s (EDA) requirements to accept this advance of funds was that the CDBG Non-Profit Public Service monies ($17,500) would not be available for several years. This included CDBG funding for FY 2019/20, FY 2020/21, FY 2021/22, and now FY 2022/23. Thus, the Council unanimously decided to commit $17,500 in FY 2022/23 monies to replace the lost CDBG funds for our non-profit groups.
To maintain a similar process to the standard CDBG process (not required but as a guide), the Administrative Services Department with the assistance of the Planning Director released the Wildomar Non-Profit Funding Application Package for FY 2022/23 (Attachment D) on August 23, 2022 to the general public, as well as specific notices to last year’s non-profit organizations. Organizations looking to secure a portion of the city funding were required to submit the “funding application” by the October 25, 2022 deadline.
Although these groups would not be receiving FY 2022/23 CDBG funds from EDA/HUD, the application form staff used for this process was similar to our standard CDBG form. 251
In order to qualify for the funding, the non-profit organizations must satisfy one of three (3) HUD program objectives. These three areas are as follows:
Provide a benefit to low and moderate income persons,
Prevent or eliminate slums and blight, or
Meet other urgent community development needs due to natural disasters or other emergencies.
Examples of eligible activities include:
Public Services such as: senior services, disabled and handicapped services, childcare services, youth services, etc.
Housing Services such as: home improvement programs for low/mod households, including senior repair and home rehabilitation.
Examples of ineligible activities include:
General Government expenses.
Political or Religious Activities
Purchase of personal equipment such as fixtures, motor vehicles, etc.
Also, all non-profit organizations applying for these funds must be in compliance, good standing, and current with the Internal Revenue Service, the California Franchise Tax Board and the California Attorney General's Registry of Charitable Trusts.
DISCUSSION:
As of the October 25, 2022 filing deadline, the City received three (3) funding application requests totaling $29,786. The organizations and funding amounts are listed below:
1. Assistance League of Temecula Valley (ALTV) – they have requested $10,000 in funds to support Operation School Bell that provides low-income students (K – 12) an opportunity to purchase school appropriate clothing and shoes.
2. Helping Our People of Elsinore, Inc. (HOPE) – they have requested $17,500 to provide food as part of their local pantry program to people living in the Lake Elsinore Unified School District boundaries.
3. Community Outreach Ministry- they have requested $2,286 to invite 25 children of 252
incarcerated parents living in Wildomar to the 22nd Angel Tree Christmas Party to enjoy lunch, gifts and Christmas music.
All non-profit service organization applications packets are provided for Council consideration (Attachment B, C & D respectively).
Staff recommends the following allocation of funds, subject to the non-profits being current with the Federal and State authorities listed above:
1. Community Outreach Ministry: $2,286
2. ALTV: $ 7,607
3. HOPE: $7,607
FISCAL IMPACT:
The Council has allocated/budgeted $17,500 from the General Fund to fund these three nonprofit groups for Fiscal Year 2022/23.
ACCOUNT CODE:
100-410-4110-52025
ATTACHMENTS:
Resolution 2022-XX.docx
ALTV Nonprofit Funding Application Package-final 11-9-22.pdf Comm Outreach Funding Application Package11-9-22.pdf
HOPE Nonprofit Funding Application Package 11-9-22.pdf
253
RESOLUTION NO. 2022 - XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, AUTHORIZING THE
BUDGETED ALLOCATION OF $17,500 FOR NONPROFIT/CDBG REPLACEMENT FUNDING FOR FISCAL YEAR 2022/2023
WHEREAS, the City of Wildomar (City) did not receive its FY 2022/23 allocation of Community Development Block Grant (CDBG) funds from the Riverside County Economic Development Agency via the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the City Council on June 8, 2022 voted to budget $17,500 in FY 2022/23 to replace the unfunded CDBG non-profit programs for this fiscal year.
WHEREAS, on August 23, 2022, the City issued a Press Release and the Funding Application package to the general public, as well as to last year’s non-profit organizations regarding the opportunity to submit application proposals for this program. Further, applications were received from August 24, 2022 through October 25, 2022; and WHEREAS, the City received three (3) funding applications from Community Outreach Ministry, Assistance League of Temecula Valley (ALTV) and Helping Our People Elsinore (HOPE) during the application submittal period; and WHEREAS, city staff reviewed and categorized these funding applications submitted by non-profit organizations competing for City’s CDBG replacement funds; and WHEREAS, on December 14, 2022, the City Council conducted a public meeting at which time interested public service organizations and the general public had an opportunity to present their program proposals and at which time the City Council received public testimony concerning said program proposals.
NOW, THEREFORE, the City Council of the City of Wildomar does hereby resolve, determine and order as follows:
SECTION 1. Non-Profit Public Service Funds:
The City Council has allocated $17,500 in general fund monies to be distributed between the organizations that have submitted applications for these CDBG replacement funds.
254
SECTION 2. City Council Action:
The City Council hereby adopts this resolution taking the following action:
1. Authorizing the City Manager to execute the “Sponsor’s Agreement” for the use of City of Wildomar general funds to those non-profit service organizations approved for funding on December 14, 2022.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2022. ______________________________
XXXXXXXX
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
255
CITY OF WILDOMAR
“NON-PROFIT
PUBLIC SERVICE”
FUNDING
APPLICATION
Application
FY 2022-2023
Revised Application Due Date:
October 25, 2022 (4:00 P.M.)
Wildomar City Hall,
Administrative Services Department,
23873 Clinton Keith Road, Ste. #201
256
The City of Wildomar is inviting eligible non-profit organizations 501(c)(3) to submit proposal applications for one-time City Council funding for the 2022/2023 fiscal year. This Funding will replace the City’s typical CDBG funding for this fiscal year only. Organizations applying for funding must meet one of the standard HUD national objectives. The procedures outlined below must be followed by all non-profit organizations applying for public service funding.
IMPORTANT DATES
REVISED APPLICATION DEADLINE
Tuesday, October 25, 2022, by 4:00 p.m.
CITY COUNCIL
CONSIDERATION
Wednesday, November 9, 2022
To be considered for funding, a fully
completed application must be submitted to
the Administrative Services Department by
this date. Applications received after the
deadline will not be accepted. See “How
to Apply” section.
The City Council meeting to consider
these funding applications is tentatively
set for November 9, 2022.
City of Wildomar
NON-PROFIT PUBLIC SERVICE
FUNDING APPLICATION FOR FISCAL
YEAR 2022/2023
Application Instructions
257
MINIMUM FUNDING REQUEST AND LEVERAGE FUNDING
Eligible Activities: Applicants seeking funding should refer to the standard HUD Regulations regarding eligible uses. While City Council funding for this fiscal year is not using CDBG funds, the standard CDBG eligible requirements still apply.
Minimum Funding Request: There is no minimum funding request for this one-time funding program, however, the City Council has only allocated $17,500 to fund all non-profit public service organizations for FY 2022/23. Actual funding amounts will be determined at the City Council meeting tentatively scheduled for November 9, 2022 Leverage Funding: Verification of at least FIVE percent (5%) matching funds must be provided prior to the date of the funding award by the City Council. Funds used to match a previous CDBG grant may not be used to match a subsequent grant award. Applications with zero leveraging will be disqualified. Leverage may include, but are not limited to Federal, state, local, private, donations, in-kind, volunteer hours.
QUALIFYING CRITERIA
Applicants MUST BE legally established non-profit entities. This typically means a governmental agency, or an entity created under Section 501(c)(3) of the Internal Revenue Code. • Proposed projects MUST meet one of the following federal criteria (24 CFR 507.201) to be eligible:
• The activity predominantly benefits low to moderate-income people (more than 51% of the persons served by the activity).
• The activity eliminates slums or blight.
• The project meets a need having a particular urgency. The condition of urgency must be of recent origin, generally being developed or becoming critical less than 18 months preceding the application for assistance.
In considering application proposals, the City Council will pay particular attention to the amount of benefit received by Wildomar residents. Applicants are strongly encouraged to take special care in identifying and quantifying the program and the number of Wildomar residents who have benefited from the activity in the past, and who would be served by the activity in the next year (See Attachment A).
Selected funding recipients will be required to prepare and submit reports to the City, including quarterly quantifiable performance measures reports, demonstrating the number served and the applicable benefit received.
258
HOW TO APPLY
1. Eligible non-profit organizations (501(c)(3)) are invited to apply for the funding. Complete this City of Wildomar Application Form and Attachment B (Supplemental Information). The funding application and forms can be downloaded by clicking on the following link: https://wildomar.sharefile.com/d-s5f2478bcb2a44f3988968d31f942ef21.
2. When you are ready to submit your application and proposal package you must use the following link (different from above) to upload your application submittal package: https:// wildomar.sharefile.com/r-rc4f132055c4b4b86844ebd2119a47feb. The City will be automatically notified when your application package is submitted. The application submittal package must be in a Pdf format. The revised deadline to upload your application submittal package is October 25 , 2022.
IMPORTANT Reminders:
➢ All applications must include a detailed index of all attachments to the funding application and must be individually tabbed and labeled to correspond to the specific section of the application.
➢ The application cannot be altered. If additional space is needed to complete a response, continue the answer on an attached sheet, in sequence, and with the section header and numbered responses corresponding with the application. ➢ All questions on the application must be answered and documentation requests must be attached. Incomplete applications will not be considered.
FOR ASSISTANCE
For information regarding the program or eligibility of activities, please contact Arthur Cabrera in the Administrative Services Department, via email at [email protected].
ADDITIONAL INFORMATION
Applicants receiving funding will be required to meet the City insurance requirements, file regular reports to the City of Wildomar regarding their activities, performance measures, and income verification forms for beneficiaries of services funded.
Funding is typically provided on a reimbursement basis for services already rendered and paid for by the non-profit service provider.
The City Council has allocated $17,500 of funding to be distributed at their discretion. This amount is equal to the typical CDBG public service funds for FY 2022/23 which is equal to no more than 15 percent of the City’s total CDBG allotment from the County of Riverside.
Since a great deal of effort is required to put together an application, potential applicants are encouraged to discuss their proposals with the City's CDBG Manager in advance to make a preliminary determination on eligibility of the organization and project. 259
Attachment A
City of Wildomar
Non-Profit Public Service Funding Application
(Fiscal Year 2022/23)
I. GENERAL INFORMATION:
Applying Entity or Agency:
Site Location Address:
City, State, Zip Code:
Telephone Number: Fax: ______
Executive Director Name:
Title:
Email:
What is your organization’s mission and vision (Limited to the space below)? How is your program different from other organizations providing the same type of services to Wildomar residents (Limited to the space below)?
260
II. OUTCOMES AND QUANTIFIABLE PERFORMANCE MEASURES SPECIFIC TO WILDOMAR:
NOTE: If your project receives requested funds, the following questions are based on the expected number of Wildomar clients to be served.
1. Number of Wildomar clients or units of service to be provided using these funds during the term of the 2022/23 fiscal year:
2. Length of funded activities or service to Wildomar clients (weeks, months, year):
3. Unduplicated number of Wildomar clients/persons projected to serve (e.g., 25 clients, 50 seniors):
4. Units of service (Example: 25 clients x 10 visits = 250 units of service):
5. Service will be provided to Wildomar (check one or more):
Men Women Men/Women Men/Women/Children
Children – Age Range Homeless Families Seniors
Migrant Farm Workers Severely Disabled Adults
6. Number of beds of facility:
7. Anticipated number of “new” beds:
8. Length of stay (if residential facility):
9. If you received city non-profit funding in FY 2021/22, how many unduplicated Wildomar clients/persons were served by your program from July 1, 2021, through June 30, 2022:
___________
10. If you received city non-profit funding in FY 2021/22, please quantify the increase in service that you will be providing in 2022/23 Fiscal Year, and explain why there is a new demand or an unmet need in the community for this service:
11. If you did not receive city non-profit funding in FY 2021/22, how many unduplicated Wildomar clients/persons were served by your program from July 1, 2021, through June 30, 2022:
12. Wildomar Funds Requested (total requested for this project only): $ 261
13. Provide a detailed description of the proposed use of the CDBG funds only (e.g., client scholarships, purchase of specific piece of equipment, rent, supplies, utilities, salaries, etc.):
14. Other leveraging funding:
Proposed Use of CDBG Funds Only Amount
Total
Leveraging Source of Funds Amount
Total
262
Attachment B
Please complete the following
supplemental information.
263
I. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization) Date Organization founded: ___________________________
Date Organization incorporated as a non-profit organization: (Non-profits only): ________________ Federal Tax Identification Number: ____________________________ State Identification Number: (Non-profit agency only) _______________________ DUNS Number: _______________________________________
Fiscal Year Ends Date: ____________________________________ Organization Web Address: _____________________________________ Does your Organization expend $500,000 or more a year in Federal Funds? _______________ Number of Paid Staff: _____________ Number of Volunteers: ______________________ Note: Must Attach Current Board of Directors & Articles of Incorporationand By-Laws Check ONLY the applicable category your application represents.
Real Property Acquisition
Public Service
Housing
Rehabilitation/Preservation (please provide picture of structure) Public Facilities Improvements (construction)
Infrastructure
Homeless Activities
Economic Development
Administration
Other: (provide description)
264
II. PROJECT/ACTIVITY/SERVICE NARRATIVE:
A. Name of Project/Activity/Service: __________________________________________ B. Provide a detailed description of the proposed use of the Non-Profit City Funds ONLY. (Attach additional sheets if necessary)
C. Outcomes and Performance Measures
Number of unduplicated clients or units of service to be served using Non-Profit City Funds during the term of the funding (i.e., number of jobs created and/or businesses assisted using funds):
Timeframe for Non-Profit City Funds to be expended (does not extend to Public Service Activities) (weeks, months, years):
______________________________________________________
Total number of unduplicated clients/units to be served with ALL funding sources (e.g., 25 clients x 10 visits = 250 units of service):
________________________________________________________________________ Number of beds of facility (if residential facility): __________________________________ Anticipated increase in number of beds (if residential facility): _______________________ Length of stay (if residential facility): ___________________________________________ 265
D. Provide goals and objectives of the project, service, activity. How will you measure and evaluate the success of the project/service/activity to meet the goals and objectives? E. Discuss how this project/service/activity directly benefits low- and moderate- income residents.
F. Respond to box (a) & (b) only if this application is for a publicservice project/service/activity. (a) Is this a NEW service/activity/service provided by your agency? Yes
No
(b) If service is not new, will the existing project/activity/service level be substantially increased or improved
Yes
No
266
G. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? H. Attach Estimated Timeline for Project Implementation:
III. PROJECT BENEFIT:
While your proposal is not being funded by federal CDBG funds, the City nonetheless is requiring that your proposal meet at least one (1) of three (3) National Objectives of the typical CDBG program. Indicate the category of National Objective to be met by your activity:
CATEGORY 1: Benefit to low-moderate income persons (must be documented). Please choose either subcategory A, B or C.
A. LIMITED CLIENTELE:
The project/activity/service serves clientele that will provide documentation of their family size, income, and ethnicity. Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low- moderate income persons. 267
B. CLIENTELE PRESUMED (to be principally low- and moderate-income persons):
The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories and their ethnicity.
The activity will benefit (check one or more)
Abused children
Battered spouses
Elderly persons
Severely disabled adults
Homeless persons
Illiterate adults
Persons living with AIDS
Migrant Farm workers
C. Describe your clientele to be served by the project/activity/service.
CATEGORY 2: Area Benefit - The project or facility serves, or is available to, ALL persons located within an area where at least 51% of the residents are low/moderate-income. This determination is based upon 2000 Census data, until further notice. If you need assistance in determining the appropriate census data, please call EDA.
Census Tract and block group numbers:
CT BG CT BG
CT BG CT BG
CT BG CT BG
Enter Total population in Census Tract(s)/Block Group(s): _____________________________ Enter % of low-moderate population in Census Tract(s)/Block Group(s): __________________ 268
CATEGORY 3: Prevention or Elimination of Slums and Blight: The proposed project or activity must directly benefit an identified slum and blighted area.
Is the proposed project located in an area with determinable indications of slum and blight? (Applicant should contact EDA first if proposing to use this National Objective Category) Yes or No
If yes, attach map of the area with the site highlighted and provide additional documentation of the existence of slum/blight, e.g., photos, news stories, reports, etc.
Provide the Percentage of Deteriorated Buildings/Qualified Properties: ____________________ Slum/Blight Designation Year: ____________________________________________________ Public Improvement Type and Condition: ___________________________________________ Describe the Boundaries of the Slum/Blight area(s):
CATEGORY 4: Activities undertaken to create or retain permanent jobs, at least 51% of which will be made available to or held by low/moderate-income persons Proposed Job Creation/Retention:
Total jobs expected to Create: ________________________________ Total jobs expected to Retain: _________________________________ CATEGORY 5: Activities that provide assistance to micro-enterprise owners/developers who are low/moderate-income:
Proposed Assistance to Businesses
(Clearance and/or rehabilitation activities; financial assistance to manufacture or expansion.) New Businesses expected to assist: ____________________________________ Existing Businesses expected to assist: _________________________________ Enter Total Businesses Expected to Assist: ______________________________ 269
IV. LEVERAGING:
A. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? B. If commitments are pending, indicate amount requested and attach documentation regarding previous year’s funding. (Include: Funding Source, Amount Requested, Date Available, Type of Commitment and Funding):
Funding
Source
Amount
Requested
Date
Available
Type of
Commitment
Funding
C. Identify other funding sources (commitments of applications) from other sources to assist in the implementation of this activity.
270
D. Provide a summary, by line item, of your organization’s previous year’s Income and Expense Statement (Attach Summary Income and Expense Statement).
V. MANAGEMENT CAPACITY:
A. Describe your organization’s experience in managing and operating projects or activities funded with CDBG or other Federal funds.
B. Attach a resource list (partnerships) in addition to the source and commitment of funds for the operation and maintenance of the program. (Include: Source, Activity, Year, Allocation, Amount Expended.)
Source Activity Year Allocation Amount
Expended
271
C. Management Systems:
Does your organization have written and adopted management systems (i.e. policies and procedures, including personnel, procurement, property management, record keeping, financial management, etc.)?
Yes or No
D. Capacity (Ability to manage program and grants):
Please provide a list of the names, phone number, and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project. In addition to the list, provide a detailed organizational chart. (Attach List and Detailed Organizational Chart)
E. Should the applying entity be awarded City funds, please identify the primary project objectives and goals using an Estimated Timeline for Project Implementation (Include Objective/Goal, State Date, and Completion Date):
OBJECTIVE/GOAL START DATE COMPLETION DATE
272