Agenda packet, second session — Menifee City Council, April 5, 2023 (part 2 of 3)

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“Area in Joint Use Agreement” included on Exhibit A of the attached JUA. The proposed JUA is necessary to grant SCE continued access to the new vault location area to ensure proper operation and maintenance of this relocated utility vault.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action. The estimated relocation costs of $515,364.00 associated with the previously approved SCE Utility Agreement No. 1 have been incorporated into the construction budget. Final Project construction costs will be determined at the end of construction.

ATTACHMENTS

1. Project Location Map

2. Utility Agreement No. 1 with SCE

3. Joint Use Agreement with SCE
Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 2
Menifee Mayor and City Council
April 5, 2023
Page
113 of 377

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Haun Rd
Holland Rd
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 3
Menifee Mayor and City Council
April 5, 2023
Page
114 of 377

Exhibit 14-F Utility Agreements

City of Menifee

UTILITY AGREEMENT

County

Route

P.M.

Project #
Riverside I - 215 17.5 0815000087
Fed. Aid. No.

Owner's File

FEDERAL PARTICIPATION: On the Project : No
On the Utilities: No

UTILITY AGREEMENT NO. 1

The City of Menifee hereinafter called "LOCAL AGENCY" proposes to construct a four-lane bridge over the I - 215 freeway on Holland Road, in the City of Menifee, Riverside C ounty, California.

And: Southern California Edison (SCE) hereinafter called "OWNER," owns and maintains Distribution Electrical facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.

It is hereby mutually agreed that:

I. WORK TO BE DONE:

In accordance with Notice to Owner dated February 6, 2015, OWNER shall perform all removal and relocation work, as indicated in Exhibit A. All work shall be performed substantially in accordance with OWNER's Plan No.0942336; TD1287547 dated 7-15-2020, consisting of 4 sheets, a copy of which is on file in the Office of the LOCAL AGENCY. Deviations from the OWNER’s plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised No tice to Owner. Such Revised Notices to Owner, approved by the LOCAL AGENCY and agreed to/ acknowledged by the OWNER, will constitute an approved revision of the OWNER’s plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.

NOTE: Significant changes in previously approved plans and estimates require a revised FHWA Specific Authorization.

II. LIABILITY FOR WORK
For existing facilities on the west side of I -215, those existing facilities are located in their present position pursuant to rights superior to those of LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense. For existing facilities on the east side of I -215, those existing facilities are located within the LOCAL AGENCY's right of way under permit. The LOCAL AGENCY owns and maintains the existing streetlights and will remove them at their expense. LOCAL AGENCY will pay for disconnection of existing streetlights.

DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 4
Menifee Mayor and City Council
April 5, 2023
Page
115 of 377

III. PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute sai d work diligently to completion.

OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion.

Work performed by OWNER’s contractor is a public work unde r the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements; but, work performed directly by OWNER’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work und er Section 1720(a)(2) and is not subject to prevailing wages.

OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.

Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, inspection, are to be furnished by OWNER and approved by LOCAL AGENCY. Cost principles for determining the reasonableness and allowability of OWNER’s costs shall be determined in accordance with 48 C.F.R. Part 31; 23 C.F.R. Part 645; and 18 C.F.R. Parts 101 and 201; and OMB Circular A-87, as and if applicable.

Use of out-of-state personnel (or personnel requiring lodging and meal per diem expenses) will not be allowed without prior written authorization by LOCAL AGENCY's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs.

Accounting Form FA 1301 is to be completed and submitted for all non -State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines.

IV. PAYMENT FOR WORK
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Publ ic Utilities Commission (PUC), Federal Energy Regulatory Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable.

It is understood and agreed that the LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the LOCAL AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.

Not more frequentl y than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to e xceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and a fter an Amendment to this Agreement has been executed by the parties to this Agreement.

The OWNER shall submit a final bill to the LOCAL AGENCY within 360 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 5
Menifee Mayor and City Council
April 5, 2023
Page
116 of 377

360 days after notification of completion of Owner's work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if required for OWNER's facilities, LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned.

The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings.

However, the LOCAL AGENCY shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by LOCAL AGENCY. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner a s provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this

In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, shall have the prior concurrence of LOCAL AGENCY.

Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subjec t of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, O WNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

The existing facilities described in Section I and II above will be relocated at 100% LOCAL AGENCY expense in accordance with this agreement. The estimated cost to LOCAL AGENCY for the above described work is $515,364.00 per Relocation Cost Liability Letter dated July 2, 2020.

V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of LOCAL AGENCY's request of August 10, 2017 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.

If LOCAL AGENCY’s project which precipitated this Agreement is canceled o r modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement.

OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein.

LOCAL AGENCY will acquire new rights of way in the name of either the LOCAL AGENCY or OWNER through ne gotiation or condemnation and when acquired in LOCAL AGENCY's name, shall convey same to OWNER by Easement Deed. LOCAL AGENCY's liability for such rights of way will be at the proration shown for relocation work involved under this Agreement. OWNER shall DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 6
Menifee Mayor and City Council
April 5, 2023
Page
117 of 377

reimburse the LOCAL AGENCY all costs for the easement.

Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on LOCAL AGENCY highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.

Each Party, shall indemnify, defend, and hold harmless the other Party and its officers, employees, and agents from and against all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from or connected with anything done or omitted to be done by said Party, its respective officers, employees, agents, contractors, or subcontractors, u nder or in connection with any work, authority, or jurisdiction delegated to the indemnifying Party under this

All notices, demands, invoices, and communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

City of Menifee:

Jonathan G. Smith
City Engineer / Director of Public Works
29844 Haun Road
Menifee, CA 92586

SCE:

Cynthia Wagner
Project Manager – Transmission Construction & Technical Support 300 N. Pepper Avenue, Bldg. B
Rialto, CA 92376

The date of any notice or communication shall be deemed to be the date of receipt if delivered personally, or the date of the receipt or refusal of delivery if transmitted by mail or overnight courier.

Any Party may change its address for notice by giving notice to the other Party in accordance with this section.

LOCAL AGENCY represents and warrants that this Utility Agreement is not subject to 23 CFR 635.410, the BA provisions.

DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 7
Menifee Mayor and City Council
April 5, 2023
Page
118 of 377

IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

LOCAL AGENCY (OWNER)

By: By:

Armando G. Villa Cynthia Wagner
City Manager SCE Project Manager

Date: Date: August 11, 2020

APPROVAL RECOMMENDED

By: By:

Jeffery T. Melching (Name)
City Attorney (Title)

Date: Date:

Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File

DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Attest:
9/3/2020
9/3/2020
Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 8
Menifee Mayor and City Council
April 5, 2023
Page
119 of 377

Page 14 ends

September 28, 2007 LPP 07-04
DocuSign Envelope ID: B790C05E-3A66-4BF6-8209-41175863E75B Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 9
Menifee Mayor and City Council
April 5, 2023
Page
120 of 377

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768

ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENTARY TRANSFER TAX $ NONE (VALUE
AND CONSIDERATION LESS THAN $100.00)

DISTRICT

MENIFEE

WORK ORDER
801413846
SERIAL No.
73333A

MAP SIZE
042-105
041-105

AFFECTS SCE

DOCUMENTS
504521
________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM: 548-1719-0
APN:360-230-020 & 022
APPROVED:

VEGETATION & LAND

MANAGEMENT
BY
SF
DATE
01/24/2022

JOINT USE AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF MENIFEE, a municipal corporation of the State of California, hereinafter called "City",

W I T N E S S E T H:

THAT WHERE AS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

That certain Grant of Easement recorded March 21, 2012, as Instrument No. 2012- 0130453, of Official Recor ds, in the Office of the Riverside County Recorder, hereinafter referred to as "Company's Easement"; and

WHEREAS City has acquired easement rights for street an d highway purposes for the construction and/or improvement of HOLLAND ROAD in said City, Count y of RIVERSIDE, State of California, hereinafter referred to as "highway right of way" , as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and

WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of s aid street or highway, and City desires to eliminate such interference or obstruction;

NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's eas ement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location" , and shown and designated as "A rea in Joint Use Agreement" on said print marked "Exhibit A".

City hereby agrees to pay for the total direct and indi rect costs incurred by Company for relocating its facilities from Company's easement and reconstructing the same in the new location, including, but not limited to, th e cost of acquiring any easements or rights of way over private property.

Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 10
Menifee Mayor and City Council
April 5, 2023
Page
121 of 377

Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521

-2-
In consideration of the payment to Company of the cost of relocation as aforesaid, and upon acquisition of any and all easements over private property as may be required for the rel ocation of Company's facilities to the new location, Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now i nstalled pursuant to Company's easement within said highway right of w ay. Company hereby consents to the construction, reconstruction, maintenance or use by City of a str eet or highway over, along and upon Company's easement, both in the old location and i n the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easem ent in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in c ommon with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of sai d highway right of way shall at any time or times necessitate a rearrangement, relocatio n, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the co st thereof, and upon approval of such plans by City, Company will promptly procee d to effect such rearrangement, relocation, reconstruction or removal. Company shall exe rcise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be req uired and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting t o Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, pr ovided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new lo cation or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reaso nable costs arising therefrom, such as, but not limited to, costs to acquire any r ight of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence. City warrants that the City’s rights to the new location will allow the Company to exercise all the rights granted by the Company’s easement.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly w ith the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other part y. City agrees that Company's facilities shall not be damaged by reason of the co nstruction, reconstruction Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 11
Menifee Mayor and City Council
April 5, 2023
Page
122 of 377

Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521

-3-
or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim o r top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere wit h the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

By: _________________________________________
Monica Contreras
Real Estates & Facilities Advisor
Land Management – Eastern Region
Vegetation & Land Management

CITY OF MENIFEE, a municipal corporation

By: _________________________________________
Name: ______________________________________
Title: _______________________________________

Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 12
Menifee Mayor and City Council
April 5, 2023
Page
123 of 377

Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521

-4-
A notary public or other officer comple ting 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, , a Notary Pu blic, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument a nd acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sign ature(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 forego ing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 13
Menifee Mayor and City Council
April 5, 2023
Page
124 of 377

Joint Use Agreement
Between S. C. E., a corp. and
The City of Menifee
Affects SCE Document(s): 504521

-5-
A notary public or other officer completing th is 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, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ack nowledged 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 _______________________________

A notary public or other officer completing this certi ficate 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, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(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 _______________________________

Item Title: 10.6
Joint

Use

Agreement

with

Southern

California

Edison

for

the

Relocation

Utilities

for

the

Holland

Road/I-215
Overcrossing Project
Item Page Number: 14
Menifee Mayor and City Council
April 5, 2023
Page
125 of 377

HOLLAND RD.(CITY of MENIFEE R.O.W.)Section Line
Section LineSECTION 10, T6S, R3W SBM
HOLLAND RD.N89°41'55"W 663.27'S0°46'28"W17.50'
Interstate 215 R.O.W.

SCE SERIAL NO. 73333AW.O. 801413846NOT. 203261558

10.00'18.00'

9.00'S 00°46'28"W10.00'
S 00°46'28"W17.50'
EXHIBIT "A"
P.O.B.P.O.C.

P.O.C.

P.O.B.

P.O.B.JUA(180 SF)
Detail 1"=20'
R.O.W.
1 inch = ft.GRAPHIC SCALE050100200100100
Item Title: 10.6
Joint Use Agreement with Southern California Edison for the Relocation of Utilities for the Holland Road/I-215 Overcrossing Project Item Page Number: 15
Menifee Mayor and City Council
April 5, 2023
Page
126 of 377

CITY OF MENIFEE
SUBJECT: Amendment No. 1 to American Forensic Nurses, Inc.

Professional Services Agreement
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with American Forensic Nurses, Inc. for professional blood draw and forensic services for the Police Department, increasing the contract in the amount of $10,000, for a revised total not-to-exceed $25,000 through June 30, 2023.

DISCUSSION
The Menifee Police Department contracted with American Forensic Nurses, Inc. to facilitate the required forensic draws including but not limited to blood, urine, rape kits, officer exposure and DUI checkpoint staffing. In Fiscal Year (FY) 2022/2023, the use of these services has increased leading to the need for additional funds to their contract.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact of Amendment No. 1 is $10,000. Funding for the proposed amendment would be funded from available funds within the adopted FY 2022/2023 Budget, under Account No. 100- 4911-52510 (Blood Draws). No additional budget appropriation action(s) would be required.

ATTACHMENTS

1. Original Agreement with American Forensic Nurses, Inc.

2. Amendment No.1 - American Forensic Nurses, Inc.

Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 1
Menifee Mayor and City Council
April 5, 2023
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and AMERICAN FORENSIC NURSES, INC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services . The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, address the concerns of the City within a specified and mutually agreed upon timeframe.

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

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

DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 25 October
Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 2
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April 5, 2023
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1.6 Covid-19 Safety. If Consultant enters City property or me ets in person with City employees during the performance of the Services, Consultant shall comply with reasonable efforts with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID- 19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shal l be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and ea ch employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature. (Not Applicable) Invoices shall be submitted to:

DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 3
Menifee Mayor and City Council
April 5, 2023
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

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

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement wit hin sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 4
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April 5, 2023
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limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of non-owned automobiles. (Consultant has certified no hired or owned vehicles will be used DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 5
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for delivery of services, and therefore, requested automobile coverage for non-owned automobiles only).
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Offi ce Commercial General Liability occurrence form CG 0001.

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

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ error s and omissions.

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insura nce must be provided for at least one (1) year after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 6
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April 5, 2023
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 7
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may conditio n approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

SECTION 5. INDEMNIFICATION.

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

DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 8
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole willful or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful ac ts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the S ervices hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, inc luding but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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

SECTION 8. TERMINATION AND MODIFICATION.

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

8.2 Termination by Consultant. Consultant may cancel this Agreement at any time and without cause upon written notification to the City upon 30 days written notice to the City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 10
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documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

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

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had complet ed the Services. (Section waived)
DocuSign Envelope ID: 02B1786E-CC6C-403F-9675-3AD711833E17 DocuSign Envelope ID: 36D33A48-DF0E-4085-85F8-67196A317E93 Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 11
Menifee Mayor and City Council
April 5, 2023
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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

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

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

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorney s’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for c onvenience only and shall not limit or otherwise affect the terms of this Agreement.

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

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

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

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Natalie Jacobs , Human Resources Analyst (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

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AMERICAN FORENSIC NURSES, INC
Attn: Carlos Martinez, COO
PO BOX 1625
LA QUINTA, CA 92253
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Natalie Jacobs, Human Resources Analyst
with a copy to:

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

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

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

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not pre clude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other A greement to which said Party is bound.

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

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

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

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or thei r designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Carlos Martinez, COO

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Menifee Police Department: Forensic Services in the amount not to exceed FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00) as further detailed in the following page(s).

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EXHIBIT A

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on October 25, 2022, between the City of Menifee (“City”) and AMERICAN FORENSIC NURSES, INC (“Consultant”) for MENIFEE POLICE DEPARTMENT:

FORENSIC SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2.SECTION 2, “Compensation” is amended to increase the maximum compensation by TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide Menifee Police Department Forensic Services in the amount not to exceed TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) as further detailed in the following page(s).

Item Title: 10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement Item Page Number: 19
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES

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

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.7
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
MENIFEE POLICE DEPARTMENT: FORENSIC SERVICES

CITY OF MENIFEE AMERICAN FORENSIC NURSES, INC
_______________________________ _______________________________ Armando G. Villa, City Manager Carlos Martinez, COO Attest: ________________________________
_______________________________
Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
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CITY OF MENIFEE
SUBJECT: Amendment to On-Call Land Surveying and Mapping Services Agreement
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Dennis Janda, Inc. for on-call land survey and mapping services in an amount not-to-exceed $45,000, for a total agreement amount of $110,000.

DISCUSSION
The Public Works Land Development Engineering Division (“Engineering”) is responsible for processing and approving developer submittals for private residential, commercial, and industrial developments. Each of these development types require verification of the placement of survey monuments to ensure facilities are easily locatable and installed per plan in alignment with City Standards.

The City has experienced unprecedented growth in recent years. As large development projects complete construction, final survey monument inspections are required for final acceptance of improvements and release of project related developer securities. In September 2023, the City Council approved a Professional Services Agreement (“Agreement”) with Dennis Janda, Inc. (“DJI”) to provide on-call land survey and mapping services, including survey monument verification/inspection services. The Agreement was initially established in a not-to-exceed amount of $65,000 for fiscal year 2022/23.

Due to the continued fast pace of construction on projects, Engineering continues to receive a high volume of requests for final inspections related to survey monuments. While staff is working towards being able to assist with these inspections in the future, the current demand for survey inspection cannot be met with current staffing levels.

Item Title: 10.8
Amendment to On-Call Land Surveying and Mapping Services Agreement Item Page Number: 1
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City of Menifee Staff Report
Amendment No. 1 – Dennis Janda, Inc.

April 5, 2023

Page 2 of 2 ends

1 4
7 7
The proposed Amendment No. 1 (“Amendment”) with DJI is required to ensure the City remains responsive to current survey monument inspection requests. The Amendment would increase the current contract amount of $65,000 by $45,000 for a total contract not-to-exceed amount of $110,000. It is important to note that all costs associated with survey monument inspection services are recoverable and fully supported by pre-paid developer deposits.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no additional budget appropriation needed for this item. Associated funding required for proposed Amendment No. 1 in the amount of $45,000 is available in FY2022/23 operating budget, within account 100-4551-52825 Professional Services (Recoverable). Additionally, as noted in the discussion section, all costs associated with contract inspection services are recoverable and fully supported by pre-paid developer deposits.

ATTACHMENTS

1. Original Agreement

2. Amendment No. 1
Item Title: 10.8
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (SURVEYING &

MAPPING) SERVICES (RECOVERABLE)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DENNIS JANDA, INC. , a California S - Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on September 21, 2022 and shall end on June 30, 2023 unless the term of this Agree ment is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SIXTY FIVE THOUSAND DOLLARS AND ZERO CEN TS ($65,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person perfo rming the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

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Invoices shall be submitted to:

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other comm unication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liabili ty insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self -insured retention shal l be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expi ration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverag e. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, includin g complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following ref erence:

FISCAL YEAR 2022/23 ON -CALL PROFESSIONAL ENGINEERING (SURVEYING & MAPPING) SERVICES (RECOVERABLE) . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s gen eral supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribu te to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for per formance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and aga inst any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including re asonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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5.3 Limitation of Indemnification fo r Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined i n Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the Calif ornia Business and Professions Code.

5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant t o Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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SECTION 7. LEGAL REQUIREMENTS.

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

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

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

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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breache s any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hou rly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Dennis Janda (“Consultant’s Representative”). The Consultant’s Representative shall have full autho rity to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniqu es, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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10.8 City Contract Administration . This Agreement shall be administered by a City employee, Nick Fidler , Public Works Director/City Engine er (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwis e provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

DENNIS JANDA, INC.

Attn: Dennis Janda
42164 Remington Ave
Temecula, CA 92590
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nick Fidler, Public Works Director/City Engineer with a copy to:

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

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

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

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and re medies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and DocuSign Envelope ID: CC41B23D-0D60-4E7E-A505-3215E671F1C8 DocuSign Envelope ID: 91207399-F393-456C-82FD-D13C54EE5AA0 Item Title: 10.8
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by s o executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

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

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

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Dennis Janda, President

Tricia Janda, Vice President/Owner

[Corporation must have two signatures]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Fiscal Year 2022/23 On -Call Professional Engineering (Surveying & Mapping) Services (Recoverable) in the amount not to exceed SIXTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($65,000.00) as further detailed in the following page(s).

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (SURVEYING &

MAPPING) SERVICES (RECOVERABLE)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on February 8th, 2023 between the City of Menifee (“City”) and DENNIS JANDA, INC. (“Consultant”) for FISCAL YEAR 2022/23 ON-CALL

PROFESSIONAL ENGINEERING (SURVEYING & MAPPING) SERVICES (RECOVERABLE) which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on the July 1, 2022 and shall end on June 30, 2023 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

3.SECTION 2, “Compensation” is amended to increase the maximum compensation by $45,000.00 (FORTY FIVE THOUSAND DOLLARS AND ZERO CENTS), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $110,000.00 (ONE HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

Item Title: 10.8
Amendment to On-Call Land Surveying and Mapping Services Agreement Item Page Number: 22
Menifee Mayor and City Council
April 5, 2023
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Professional Services Amendment No. 1 with DENNIS JANDA, INC. 4 6
4 5
5 EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (SURVEYING & MAPPING) SERVICES (RECOVERABLE) in the amount not to exceed $110,000.00 (ONE HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS) as further detailed in the following page(s).

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

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
CITY OF MENIFEEDENNIS JANDA, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Dennis Janda, President
Attest: ________________________________
Tricia Janda, Vice President/Owner
_______________________________
Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Amendment to On-Call Land Surveying and Mapping Services Agreement Item Page Number: 23
Menifee Mayor and City Council
April 5, 2023
Page
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CITY OF MENIFEE
SUBJECT: Agreement with All American Asphalt, Inc. for Construction Services for the Murrieta Road Resurfacing and
Improvements Project
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute an Owner-Contractor Agreement with All American Asphalt, Inc. to perform construction services for the Murrieta Road Resurfacing and Improvements Project, Capital Improvement Project No. 23-07, in an amount not-to- exceed $1,962,222; and

2. Authorize the City Manager to execute a Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District, and any future amendments thereof, for reimbursement of costs related to the adjustment and relocation of existing water utilities; and

3. Adopt a Budget Amendment Resolution appropriating $373,000 from Measure A (Fund 220) fund balance into the project fund.

DISCUSSION
The Murrieta Road Resurfacing and Improvements Project, Capital Improvement Project (CIP) No. 23-07, would consist of resurfacing approximately 0.9 miles of Murrieta Road between Camino del Sol Norte and San Quintin Avenue and would install raised medians north and south of Newport Road. The Project would provide reconstruction of noncompliant ADA curb ramps, minor drainage improvements, minor shoulder widening, and reconstruction of cross gutters across Newport Road. Murrieta Road is a major north–south transportation corridor which experiences high traffic volumes, especially surrounding the Newport Road intersection.

Resurfacing improvements were previously completed in 2020 on Murrieta Road from Camino Del Sol Norte to McCall Boulevard. The proposed Project would complete the resurfacing improvement efforts along the identified portion of Murrieta Road.

Item Title: 10.9
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City of Menifee Staff Report
CIP 23-07 All American Asphalt Agreement
April 5, 2023

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Staff administered a competitive bid process in October 2022 resulting in the receipt of six bids.

Because the lowest bid received was approximately 60% higher than the Engineer’s Estimate, staff determined the best course of action would be to reject all bids and re-evaluate the Project documents to identify potential for cost savings. The Project documents have now been revised and the Project area adjusted to address the most critical resurfacing needs along Murrieta Road, which has been identified as the segment between Camino Del Sol Norte and San Quintin Avenue.

Staff administered a second competitive bid process, and the Project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on March 7, 2023, and a total of six bids were received, as summarized in Table 1 below.

Table 1- Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible
Bidder
Engineers Estimate $1,980,000.00
All American Asphalt, Inc. $1,962,222.00 X
Hillcrest Contracting, Inc. $2,062,533.00
Granite Construction Company $2,128,560.00
Hardy & Harper, Inc. $2,145,000.00
L C Paving & Sealing, Inc. $2,256,631.25
ATP General Engineering Contractors $2,599,316.00
Staff reviewed the apparent lowest bid and determined that All American Asphalt, Inc. met the requirements for recommendation as the lowest responsive and responsible bidder.

At this time, the total anticipated construction cost for the Project is $2,209,247, which would include materials testing, labor compliance services, and other construction related costs.

Construction management and inspection would be provided by City staff. Existing project budgets are available in the amount of $1,686,247. Based on the lowest bid for construction, and the additional anticipated costs for labor compliance and materials testing, additional funding in the amount of $523,000 would be required to fully support the Project’s total construction costs.

Staff has identified available funding from other project savings in the amount of $150,000, as well as identified available Measure A fund balance in the amount of $373,000. The identified project savings combined with the approval of the proposed budget amendment resolution (BAR) would completely fund the construction contract, labor compliance, and materials testing services needed for the Project.

If approved by the City Council, the tentative project schedule would be as follows:

Construction Start: April 2023
Construction End: July 2023
City Council Acceptance: August 2023
The timeline above assumes no delays due to weather or unforeseen conditions.

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The Project also requires adjustment of Eastern Municipal Water District (EMWD) manholes and water valves as part of the scope. EMWD owns and maintains all water and sewer appurtenances in the Project area and is responsible for utility adjustment costs associated with the Project. The estimated cost of the utility adjustments would be $56,460, which EMWD will reimburse to the City upon Project completion.

Environmental Impact
The proposed Project has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301.

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Project is for the resurfacing of an existing paved road and all improvements are within existing city right-of-way. The proposed improvements are a negligible expansion of the existing use and are considered minor alterations to existing streets. The Project is also exempt under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the activity in question will have a significant effect on the environment because the proposed Project is occurring in an area that is already heavily disturbed and is not environmentally sensitive. The Notice of Exemption for the Project was recorded with the County of Riverside on September 22, 2022.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The funding required to support award of the proposed construction contract for the Project is $1,962,222. Currently, there is existing funding remaining for this Project in the amount of $1,686,247, as summarized in Table 2 below. The additional amount of $523,000 needed to fully support the total anticipated construction costs of $2,209,247 has been identified and is available through project savings and Measure A fund balance, as summarized in Table 3 on the following page.

There is no additional fiscal impact associated with approval of the Utility Relocation Agreement with EMWD. Funding is available in current Project budget to cover the reimbursement costs initially, and the City would be reimbursed for all costs associated with the utility adjustments upon Project completion.

Table 2- Current Project Funding
Fund Project Account
Number
Available
Budget
Anticipated Cost
RMRA (SB1) Murrieta Road 201-4555-58154 $1,686,247 $1,686,247 Unfunded Murrieta Road $523,000
Total $1,686,247 $2,209,247
Item Title: 10.9
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Table 3- Identified Project Funding
Account NumberFund Project
From To
Available
Budget
Amount
Requested
General Murrieta
Rd/Sun City
Traffic Signal
100-4555-58107 100-4555-58154 $27,774 $10,000
General Sun City
Pedestrian
Improvement
100-4555-58137 100-4555-58154 $32,757 $30,000
General Lazy Creek
Pedestrian
Improvement
100-4555-58138 100-4555-58154 $32,757 $30,000
Measure A Newport
Road Raised
Medians
220-4555-58131 220-4555-58154 $106,452 $80,000
Measure A Fund Balance 220-4555-58154 $900,000 $373,000 Total $1,101,073 $523,000
A corresponding BAR is included as part of the recommended actions of this Staff Report, appropriation $373,000 from fund balance with the Measure A (Fund 220) fund to cover associated expenses with this Project.

ATTACHMENTS

1. Owner-Contractor Agreement

2. EMWD Utility Relocation Agreement

3. Project Location Map

4. BAR – Fund 220

5. Median Exhibit-Layout
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290/031858-0008
7645681.2 a03/02/22 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 23-07 MURRIETA ROAD RESURFACING PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and ALL AMERICAN ASPHALT (“Contractor”), whose principal business address is 400 East Sixth Street, Corona, CA 92879 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 23-07 MURRIETA ROAD RESURFACING PROJECT to be constructed at the in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

Item Title: 10.9
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5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
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The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including Item Title: 10.9
Agreement

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attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

All American Asphalt
By:

Name: Michael Farkas, Secretary______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Edward J. Carlson, Vice President
Its:

ATTEST:

By:

Kay Vinson, City Clerk
035085
Contractor’s City Business License No.

State Contractor License No. & Class
400 East Sixth Street
Street Address
Corona, CA 92879
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.9
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EXHIBIT B

CONTRACT PRICE
One Million Nine Hundred Sixty Two Thousand Two Hundred Twenty Two Dollars and Zero Cents ($1,962,222.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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Item Title: 10.9
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Item Title: 10.9
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Item Title: 10.9
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Item Title: 10.9
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Item Title: 10.9
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UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 1 of 6

UTILITY RELOCATION AGREEMENT

BETWEEN THE CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT FOR THE CIP 23-07 MURRIETA ROAD OVERLAY

This Utility Relocation Agreement (“Agreement”) is entered into by and between City of Menifee (“CITY”) and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA 92570
CITY proposes to improve existing Murrieta Road:

This project will begin at San Quintin road going north to Cam Del Sol Norte. All in the City of Menifee, California, hereinafter referred to as “PROJECT”. As part of this PROJECT, the existing street will be improved. EMWD owns, operates, and maintains 12” VCP sewer pipelines, 12” ACP sewer pipeline, 8” VCP sewer pipelines, 24” PVC, 21” CML&C, and 36” CML&C water pipelines, located within PROJECT limits.

The existing sewer manholes, sewer clean out covers, and water valve covers will need to be adjusted vertically.

Therefore, it is hereby mutually agreed between CITY and EMWD that:

I. WORK TO BE DONE
A. CITY shall prepare plans for vertical adjustment of sewer manholes, and water valve covers.

B. CITY shall adjust manholes, clean out covers, and water valve covers to proposed grade.

C. All work shall be performed substantially in accordance with EMWD’s water and sewer standard.

EMWD hereby acknowledges review of CITY’s plans for work and agrees to the construction in the manner approved.

D. Deviations from the work described above, initiated by either CITY or EMWD, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by CITY and agreed to/acknowledged by EMWD, will constitute an approved revision and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by EMWD of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner.

E. EMWD shall have the right to inspect the work by CITY’s contractor during the adjustment to grade of the manholes, clean out covers, and water valve covers. Upon completion of work by CITY, EMWD agrees to accept ownership and maintenance of the relocated facilities.

F. EMWD shall provide inspections of adjustment to grade of the manholes, clean out covers, and water valve covers work performed within the contract.

G. EMWD shall be responsible for all communication between CITY’s contractor performing the work and EMWD Inspector.

H. EMWD shall provide in writing any corrective work to the CITY’s contractor. No work on EMWD facilities will be allowed to be performed by the CITY’s contractor without an EMWD Inspector on site.

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UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 2 of 6 I. EMWD shall perform inspections in a timely manner to avoid project delays.

II. LIABILITY FOR WORK
A. Costs for relocation by CITY are to include, but are not limited to, all elements of planning, design, construction, inspection, and project closeout.

B. The adjustment of manholes, adjustments of clean out covers, and adjustment of water valve covers will be relocated at EMWD’s expense and shall include all EMWD staff, consultant, inspection, and contractor costs.

III. PERFORMANCE OF WORK
A. CITY will administer the construction contract to adjust the manholes, clean out covers, and water valve covers to grade on CIP 23-07 Murrieta Road Improvement plans. CITY will provide construction management and inspection as well.

B. EMWD shall have access to all phases of the facilities being adjusted by the CITY, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the PROJECT Construction Contract, however, all questions regarding the work being performed by CITY will be directed to CITY’s Engineer for their evaluation and reply to the question. EMWD shall retain the right to make final decisions that impact their facilities.

C. Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, and inspection are to be furnished by CITY.

D. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by the CITY’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirement.

E. Work performed directly by EMWD’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.

IV. PAYMENT FOR WORK
A. EMWD shall be solely responsible for costs associated with adjustment of manholes, clean out covers, and water valve covers. In the event additional work becomes necessary to complete this work, EMWD shall bear full financial responsibility for all costs associated with the additional work.

B. As indicated under Section III, Performance of Work, EMWD will perform plan check and construction inspection activities of facilities. The actual costs incurred by EMWD in its performance of said work will be paid by EMWD.

C. It is understood and agreed that CITY will not pay for any betterment or increase in capacity of EMWD’s facilities in the new location.

Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 20
Menifee Mayor and City Council
April 5, 2023
Page
190 of 377

UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 3 of 6 D. Detailed records from which the billing is compiled shall be retained by CITY for a period of three years from the date of the final payment and will be available for audit by CITY and/or Federal auditors. EMWD agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645.

E. As indicated under Section III, Performance of Work, CITY will: design, prepare plans, prepare specifications, oversee and inspect all work. CITY shall perform the work at EMWD expense.

F. 90% of the reimbursements will be paid by EMWD to the CITY within the first 60 days after bids have opened.

V. GENERAL CONDITIONS
A. If CITY’s PROJECT which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work described herein, CITY will notify EMWD in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating this Agreement and reconciling outstanding costs/reimbursements due.

B. CITY shall prepare all documentation and obtain any and all environmental clearances as necessary for the relocated facilities, including but not limited to compliance with requirements imposed under the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA).

C. CITY represents and warrants that this Agreement is not subject to 23 CFR 635.410, the Buy America provisions.

D. EMWD and CITY each hereby agree to indemnify, defend, and hold harmless the other party and their respective directors, officials, officers, employees, and agents from and against any claims, actions, damages, and liabilities arising out of or in any manner connected with the activities governed by this Agreement due to any negligent acts, errors, or omissions or willful misconduct of the indemnifying party performed in connection with such party's duties and obligations hereunder.

E. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the respective party hereto.

F. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.

G. This Agreement contains the entire agreement between the parties regarding the subject matter of this Agreement. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof each of the parties acknowledges that no person has made, any representation, warranty, guaranty, or promise except as set forth herein; and no such agreement, statement, representation, or promise that is not contained herein will be valid or binding on any of the parties.

H. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures.

Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 21
Menifee Mayor and City Council
April 5, 2023
Page
191 of 377

UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 4 of 6 I. Each of the parties has reviewed this Agreement and each has had the opportunity to have its respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

J. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

VI. COST ESTIMATES AND WAIVERS
Please refer to Attachment A for quantities and reimbursement fees.

Reimbursement Agreement
Description EMWD CITY
Design
Adjust manholes and
water valves to grade.

CITY’s responsibility.

City’s cost to EMWD
Waived
Adjust sewer manholes
to grade.

Quantity = 11 EA
($1,100 each = $12,100) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Install sewer manhole
false bottoms
Quantity = 11 EA
($300 each = $3,300) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Adjust water valve
covers to grade (Main &
Recycled).

Quantity = 42 EA
($850 each = $35,700) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Construction
Pre-construction and post
construction video survey
Lump Dum = $2,000** CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Paint water valve covers:

Blue & Purple.

Quantity = 42 EA
($80 each = $3,360) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
TOTAL (TOTAL $56,460) **
Agency Estimate Costs:

Description EMWD CITY
Design Review Adjust manholes, clean
outs, and water valves to
grade.

EMWD’s responsibility
EMWD’s cost to City
Waived
Inspection Fees Adjust manholes, clean
outs, and water valves to
EMWD’s responsibility
EMWD’s cost to City
Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 22
Menifee Mayor and City Council
April 5, 2023
Page
192 of 377

UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 5 of 6 grade. Waived
TOTAL $ Waive* $ Waive*
**EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees. **THE ACTUAL REIMBURSEMENT COST TO CITY BY EMWD FOR ITS SHARE OF THE ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.

Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 23
Menifee Mayor and City Council
April 5, 2023
Page
193 of 377

UTILITY AGREEMENT – Eastern Municipal Water DistrictPage 6 of 6 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

CITY OF MENIFEE: EASTERN MUNICIPAL WATER DISTRICT:

By By
Name Date Name Date
Title Title
APPROVAL RECOMMENDED:

By By
Name Date Name Date
Title Title
Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 24
Menifee Mayor and City Council
April 5, 2023
Page
194 of 377

Baldy Peak Dr
Oxnard
St
Hillhurst
Ct
Blackbird
Dr
Rim CreekP a th
GoldenrainDr
Normandy Rd
Moonbeam
Cir
De
erC r
eekC i r
Sol
Vista Dr
Harzburg Rd
Nubs Ct
Mawr Ct
Melitta Rd
Caminito
Del Sol Sur
Caminito Del Sol Norte
Park City Ave
Pelion Rd
Pacoima Ct
Chatsworth Ct
Hohokam Ct
Kure Ct
Taos Dr
Aleppo Pine Cir
Gifhorn Ct
San Quintin Ave
Lot
usC
ir
Janney Dr
Greenhill Dr
Welmar Rd
Knoll Ct
Farbo Ct
Snow Creek Dr
Geisler Rd
Samar Rd
Gretna Rd
Goldmine Cir
Catano Rd
Pacific Channel Way
Potomac Dr
Beach St
Lands End Way
Moonstone Way
Dorval Ct
HoneyrunR d
Edin
aRd
Columbus Dr
Crestline Dr
Sant
a
R
osalia Dr
Waverly Dr
Berea R
d
Topanga Way
Killing
tonD r
Lazy Creek Rd
Luxor Rd
Sun
Cou
ntr
y
Ln
Mount Bachelor Way
Cool
Cree
kD
r
Puerto Va
llar
ta
Wa
y
M
ur
riet
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Rd
Jura Ct
Avida Dr
Singing Wood Ln
Oakbr
idgeD r
Kratka Ridge Ln
Newport Rd
Valley Blvd
Dunkirk St
McGalliard Rd
Squaw Valley Dr
Camino Del Sol Este

LAKE ELSINORE
PERRIS
CANYON
LAKE
215
Goetz
Rd
Cherry Hills Blvd
Sun Ci ty Blvd
Newport Rd
Kabian
Park
Peb
ble Bea
ch Dr
McCallB lvd
Holland Rd
Railroad
Canyon Rd
NormandyR d
Murrieta Rd
Bradle
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pNNNeNewewwpp
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ta
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urrrrieieeta
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ta
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Project Site
00 . 1 0 . 1 9
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\MurrietaRoadResurfacing\MurrietaRoadResurfacing_2\MurrietaRoadResurfacing_2.aprx Date: 5/18/2022 Murrieta Road Resurfacing (CIP 23-07)
Project Location Map
Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 25
Menifee Mayor and City Council
April 5, 2023
Page
195 of 377

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Measure A Fund 220 Adopted FY 2022/23 Revenue Budget: $2,646,500

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended Measure A Fund 220 FY 2022/23 Revenue Budget: $2,646,500 Measure A Fund 220 Adopted FY 2022/23 Expenditure Budget: $3,044,786

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
December 7, 2022 FY21/22 Budget Carry-Overs* Various $1,260,406.30 April 5, 2023 CIP 23-07: Murrieta Road Resurfacing
and Improvements Project 220-4555-58154 373,000
TOTAL: $1,633,406.30
*Includes $649,494.76 of existing FY2021/22 Purchase Orders (POs) carried forward into FY2022/23 under City Manager authority.

Measure A Fund 220 FY 2022/23 Expenditure Budget: $4,678,192.30

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 26
Menifee Mayor and City Council
April 5, 2023
Page
196 of 377

Amending the Fiscal Year 2022/23 Measure A (Fund 220)
CIP 22-03: Murrieta Road Resurfacing and Improvements Project 2 4
3 9
7 5

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Measure A Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended Measure A Fund 220 FY 2022/23 Budget: $2,646,500

Expenditures:

CIP 23-07: Murrieta Road Resurfacing and Improvements
Project $373,000
Amended Measure A Fund 220 FY 2022/23 Budget: $4,678,192.20 PASSED, APPROVED AND ADOPTED this 5th day of April 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.9
Agreement

with

All

American

Asphalt,

Inc.

for

Construction

Services

for

the

Murrieta

Road

Resurfacing

and

Improvements
Project
Item Page Number: 27
Menifee Mayor and City Council
April 5, 2023
Page
197 of 377

AHEADSIGNALAHEADSIGNAL

BIKELANE

BIKELANEBIKELANE

BIKELANE

STOPSTOP STOP

STOPSTOP

BIKELANE

MURRIETA ROADMURRIETA ROAD

NEWPORT ROAD
Item Title: 10.9
Agreement with All American Asphalt, Inc. for Construction Services for the Murrieta Road Resurfacing and Improvements Project Item Page Number: 28
Menifee Mayor and City Council
April 5, 2023
Page
198 of 377

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Release of Security for Tract Map 37576, Meadow Run, by Meritage Homes of
California, Inc.

MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, recycled water and sewer systems, as well as subdivision monuments for Tract Map 37576, Meadow Run, located south of Holland Road and east of Bradley Road; and

2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
Meritage Homes of California, Inc. (Meritage Homes) is the developer of Meadow Run Tract 37576, a subdivision of 17 gross acres of land into 65 lots for residential purposes. The tract is located south of Holland Road and east of Bradley Road, as depicted in the attached project map.

As part of the development requirements, Meritage Homes constructed streets, drainage, water, and sewer system improvements, as well as subdivision monuments.

Meritage Homes has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and materials and labor security in accordance with City policy. A 10% warranty security will be held for a period of one year in accordance with the City Municipal Code. The original posted improvement securities are listed in Table 1 and Table 2 on the following page.

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 1
Menifee Mayor and City Council
April 5, 2023
Page
199 of 377

City of Menifee Staff Report
TM37576 Meadow Run
April 5, 2023

Page 2 of 2 ends

1 4
5 7
Table 1 - Original Posted Improvement Securities
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage LICX1195845 $ 1,804,000 $ 1,804,000
Water System LICX1195845 $ 380,500 $ 380,500
Recycled Water System LICX1195845 $ 99,500 $ 99,500 Sewer System LICX1195845 $ 335,500 $ 335,500
Total $ 2,619,500 $ 2,619,500
Table 2 - Original Posted Survey Monuments Bond
Improvement Security No. Monument Bond
Survey Monuments 609203154 $ 34,200
Total $ 34,200

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2017- 1, Annexation No. 1, Zone 2.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond - Improvements

6. Agreement – Monuments

7. Bond – Monuments
Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 2
Menifee Mayor and City Council
April 5, 2023
Page
200 of 377

C it y o f M e n if e e , S o u r c e : E s r i, M a x a r , E a r t h s t a r G e o g r a p h ic s , a n d t h e G I S U s e r C o m m u n it y
C it y B o u n d a r y
P a r c e ls
M a jo r R o a d s
F r e e w a y s & H ig h w a y s
3 / 2 0 / 2 0 2 3 , 1 0 : 3 1 : 3 6 A M
0 0 . 1 0 . 20 . 0 5 m i
0 0 . 2 0 . 40 . 1 k m
1 : 9 , 0 2 8
C it y S t a f f
M a x a r | C it y o f M e n if e e | R C I T - G I S | C it y o f M e n if e e ;

PROJECT MAP
TRACT 37576
Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 3
Menifee Mayor and City Council
April 5, 2023
Page
201 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 4
Menifee Mayor and City Council
April 5, 2023
Page
202 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 5
Menifee Mayor and City Council
April 5, 2023
Page
203 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 6
Menifee Mayor and City Council
April 5, 2023
Page
204 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 7
Menifee Mayor and City Council
April 5, 2023
Page
205 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 8
Menifee Mayor and City Council
April 5, 2023
Page
206 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 9
Menifee Mayor and City Council
April 5, 2023
Page
207 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 10
Menifee Mayor and City Council
April 5, 2023
Page
208 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 11
Menifee Mayor and City Council
April 5, 2023
Page
209 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 12
Menifee Mayor and City Council
April 5, 2023
Page
210 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 13
Menifee Mayor and City Council
April 5, 2023
Page
211 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 14
Menifee Mayor and City Council
April 5, 2023
Page
212 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 15
Menifee Mayor and City Council
April 5, 2023
Page
213 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 16
Menifee Mayor and City Council
April 5, 2023
Page
214 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 17
Menifee Mayor and City Council
April 5, 2023
Page
215 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 18
Menifee Mayor and City Council
April 5, 2023
Page
216 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 19
Menifee Mayor and City Council
April 5, 2023
Page
217 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 20
Menifee Mayor and City Council
April 5, 2023
Page
218 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 21
Menifee Mayor and City Council
April 5, 2023
Page
219 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 22
Menifee Mayor and City Council
April 5, 2023
Page
220 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 23
Menifee Mayor and City Council
April 5, 2023
Page
221 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 24
Menifee Mayor and City Council
April 5, 2023
Page
222 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 25
Menifee Mayor and City Council
April 5, 2023
Page
223 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
California, Inc.

Item Page Number: 26
Menifee Mayor and City Council
April 5, 2023
Page
224 of 377

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

37576,

Meadow

Run,

Meritage

Homes

of
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CITY OF MENIFEE
SUBJECT: Business License Denial Appeal Hearing for Happy Seven MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Regina Funderburk, Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Conduct appeal hearing in accordance with Chapters 2.04.050 and 5.01.250 of the Menifee Municipal Code; and

2. Adopt a resolution denying the appeal filed by the applicant/appellant Yihai Ace, Inc. dba Happy Seven, filed by representative Fangkai Jiang, which appeals the Deputy Finance Director's (December 2, 2022) denial of a business license application for a massage business at 27701 Scott Road, #204, Menifee, CA 92584.

DISCUSSION
Title 5: Business Regulations of the Menifee Municipal Code provides for necessary regulation and a record system of businesses being conducted within the City of Menifee for the purpose of protecting the public health, safety, and welfare of residents. The Finance Department oversees the administration of the City’s Business License Program.

All businesses issued a business license are required to conduct business in compliance with all applicable federal, state, and local laws, regulations, and ordinances. Effective July 1, 2022, the City of Menifee implemented Section 5.01.090 Additional License Requirements for Special Business Types, which includes background/Live Scan requirements for designated special business types, including, but not limited to, massage businesses. The addition of Section

5.01.090 affords an opportunity to foster overall safety and well-being for the Menifee community by requiring business types with heightened activities directly connected to public safety and welfare, to complete a background check and Live Scan as a requirement to obtaining a business license.

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Happy Seven 2022 Business License Applications
Application #1: On July 26, 2022, the City of Menifee received an application for a business license for a massage business, Yihai Ace Inc. dba Happy Seven, located at 27701 Scott Road, #204, Menifee, CA 92584 by applicant Mr. Fangkai Jiang and Ms. Li Wang (Attachment 1). Per the application received, the business would employ two massage therapists, Fangkai Jiang, and employee Li Wang, identified as Mr. Jiang’s wife during the application review process. The Business License division reviewed the application for completeness and all necessary required supporting documents, including, but not limited to, fictitious business name statement and certified massage therapist licenses. Pursuant to Section 5.01.090 Additional License Requirements for Special Business Types, the Business License division worked with the Menifee Police Department in confirming the required background/Live Scan process and awaiting clearance before issuing a business license.

Live Scan/Background:

Following completion of the background/Live Scan by the Menifee Police Department, it was determined that false information, as well as prior illicit massage business associations of the applicant and/or employees were uncovered, therefore, the Police Department’s request for denial of a business license was forwarded to the Finance Department (Attachment 2). As outlined within Attachment 2, criminal citations for prostitution and disturbing the peace by loud and unreasonable noise issued in 2017 and 2018 in San Diego County were identified in Ms. Wang’s background. Additionally, a records inquiry with the California Massage Therapy Council (CAMTC) identified both Mr. Jiang and Ms. Wang had prior work addresses of 1177 Broadway Ave., Suite 16, Chula Vista, CA 91911, and 4750 Oceanside Blvd., Suite A-12, Oceanside, CA 92056. An online search of both addresses revealed that the Chula Vista address is for the business Tai Chi Health Massage Spa, and the Oceanside address is for the business Zai Sheng Massage. Menifee Police Department completed the background investigation based on training and experience with illicit massage business investigations, including research of the website Rubmaps.ch, known throughout the United States for publishing reviews for massage businesses offering sexual services for sale. Premium members of the website can rate massage businesses and masseuses. Many of these reviews are written for the purposes of advising other members of the businesses and masseuses that provide sexual services in exchange for money.

The reviews will often list the type of sexual service received and the monetary amount paid. Both Tai Chi Health Massage Spa and Zai Sheng Massage were listed on this website, with reviews consistent with prostitution activity.

Application Determination:

Subsequently, a denial letter dated September 22, 2022, was issued by the Finance Department formally denying issuance of a business license (Attachment 3).

Application #2: On October 25, 2022, a second application by applicant Fangkai Jiang for the business Yihai Ace Inc. dba Happy Seven located at 27701 Scott Road, #204, Menifee, CA 92584, was received by the Finance Department (Attachment 4). In the new application, only one applicant and employee were listed, Fangkai Jiang, different from Application #1 which included Ms. Li Wang. Additionally, the second application was accompanied by signed Item Title: 11.1
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declarations in support of Yihai Ace, Inc.’s business license from both Mr. Jiang and Ms. Wang.

The signed statements recognized the spousal relationship between Mr. Jiang and Ms. Wang, no knowledge of false information or acts of “moral turpitude,” the erroneous inclusion of Ms. Wang as an employee in the first application and expressed representation that Ms. Wang would not have any involvement in the business operations of Yihai Ace and/or Happy 7. Following receipt of the application, review of the application for completeness and all necessary required supporting documents, the Business License division worked with the Menifee Police Department in confirming the required background/Live Scan process and awaited clearance before issuing a business license.

Live Scan/Background:

Following completion of the background/Live Scan by the Menifee Police Department related to the second application, it was determined that false information, as well as prior massage businesses associated with the applicant and/or employees were uncovered (Attachment 4). As outlined within Attachment 4, since the initial application denial, additional follow up was conducted on Ms. Li Wang’s arrest from August 3, 2017, in San Diego. Ms. Wang was arrested for prostitution by the San Diego Police Department during an undercover operation at the business Joy Foot Massage located at 5825 Mission Gorge Rd., San Diego, CA 92120. The case was prosecuted by the City of San Diego City Attorney’s Office. According to the City of San Diego, Fangkai Jiang and Shiwei Xing were the listed owners of record for Joy Foot Massage, 5825 Mission Gorge Rd., San Diego, CA 92120, from February 2, 2017, to February 28, 2018.

Li Wang’s prostitution arrest at Joy Foot Massage on August 3, 2017, was during Fangkai Jiang’s ownership. Based on this additional follow up information, as well as Mr. Fangkai Jiang’s recent affiliations with other massage businesses advertised on the Rubmaps.ch site, the Menifee Police Department’s request for denial of a business license was forwarded to the Finance Department (Attachment 5).

Application Determination:

Subsequently, a denial letter dated December 2, 2022, was issued for the second business application (Attachment 6).

Business License Appeal
On January 12, 2023, the City received a formal appeal, pursuant to Chapter 2.20 and 5.01.250 of the Menifee Municipal Code filed by Mr. Fangkai Jiang with respect to the Business License Denial Letter issued December 2, 2022 (Attachment 7). The corresponding fee for an appeal was also received. Pursuant to the appeal process, the request for appeal of the denial of Business License application dated December 2, 2022, is presented for Council’s consideration.

The applicant and their legal counsel were provided with at least 15 days advance notice of the public hearing, where the City Council would schedule the matter for consideration at a regular City Council meeting. On March 9, 2023, the applicant was advised of the availability for a public hearing on April 5, 2023, and informed that they would be able to submit any additional information to include with the agenda item. Receipt of any additional information to be included was requested to be received no later than March 21, 2023. The applicant’s legal counsel confirmed availability for the April 5, 2023, meeting via email on March 9, 2023. As a follow-up, the applicant’s legal counsel confirmed the applicant would be allowed to bring a translator to the Item Title: 11.1
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public hearing, due to language barriers. City staff has confirmed the applicant would be allowed to bring a translator. On March 23, 2023, City staff confirmed in writing the only items the applicant submitted for the agenda item were the Declaration of Fangkai Jiang in support of Yihae Ace, Inc.’s business application (part of Attachment 4), dated October 25, 2022, the original denial letter for Application #1, dated September 22, 2022 (Attachment 3), and the Superior Court of California, County of San Diego Petition for Dismissal—Order Granting, dated March 3, 2022, included as part of the second application (Attachment 4).

Based on the background/research completed during the review of the application and the professional expertise and recommendation of the Menifee Police Department in review of this special business type, it is staff’s recommendation that the appeal be denied and that a resolution formally denying the appeal be adopted.

Minor Conditional Use Permit (MCUP PLN21-0374) for 27701 Scott Road, #204, Menifee, CA 92584 (APN 384-180-038)
Staff would also like to note that specific to the 27701 Scott Road #204, Menifee CA 92584 a Minor Conditional Use Permit (MCUP) has been issued (MCUP PLN21-0374)) allowing for the site to be used as massage establishment, as the site itself meets the required conditions, and the application for the site still receives the benefits of the issued CUP. The denial of the business application is separate and unrelated to the background/Live Scan results of the applicant.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
Denial of the appeal will not create a fiscal impact to the City.

ATTACHMENTS

1. Happy Seven Business License Application #1 (Dated 7-26-22)

2. Menifee PD Request for Denial of Business License Application #1 (Dated 9-7-22)

3. Business License Application #1 Denial (Dated 9-22-22)

4. Happy Seven Business License Application #2 (Dated 10-25-22)

5. Menifee PD Request for Denial of Business License Application #2 (Dated 10-31-22)

6. Business License Application #2 Denial (Dated 12-2-22)

7. Appeal for Business License Application Denial (Dated 1-12-23)

8. Resolution Denying Appeal Happy Seven
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Menifee Police Department
29714 Haun Rd.  Menifee, CA 92586  (951) 723-1500
Ed Varso, Chief of Police
1 | P a g e
DATE:September 7, 2022
TO: Margarita Cornejo, Deputy Finance Director
FROM:Ed Varso, Chief of Police
VIA:Raul Perez, Sergeant
SUBJECT:Request for Denial of Business License
Happy Seven, 27701 Scott Rd. #204, Menifee, CA 92584
On July 26, 2022, Fangkai Jiang submitted a business license application to the City of Menifee for a massage business, Happy Seven, located at 27701 Scott Rd. #204, Menifee, CA 92584. According to the application, the business would employ two massage therapists, the owner Fangkai Jiang, and employee Li Wang. Included in the application submittal were copies of Jiang’s and Wang’s California Massage Therapy Council (CAMTC) Identification Cards with a listed expiration date of September 17, 2022. Refer to the attached copy of the business license application for further details.

A records inquiry with CAMTC revealed that Jiang and Wang’s certifications with CAMTC were renewed with a revised expiration date of September 17, 2024. Also, according to CAMTC records, both Jiang and Wang had prior work addresses of 1177 Broadway Ave., Suite 16, Chula Vista, CA 91911, and 4750 Oceanside Blvd., Suite A-12, Oceanside, CA 92056. An online search of both addresses revealed that the Chula Vista address is for the business Tai Chi Health Massage Spa, and the Oceanside address is for the business Zai Sheng Massage.

Based on my training and experience, I know the website Rubmaps.ch is known throughout the United States for publishing reviews for massage businesses offering sex services for sale. Premium members of the website can rate massage businesses and masseuses. Many of these reviews are written for the purposes of advising other members of the businesses and masseuses that provide sexual services in exchange for money. The reviews will often list the type of sexual service received and the monetary amount paid. Both Tai Chi Health Massage Spa and Zai Sheng Massage were listed on this website, with reviews consistent with prostitution activity.

As part of their business application process, both Jiang and Wang had to undergo Live Scan fingerprinting. Live Scan results showed Jiang did not have any prior criminal history. Wang, however, had citations for the following crimes in San Diego County:
•08/03/2017 – PC 647(b), Prostitution.
•01/25/2018 – PC 415(2), Disturbing the Peace by loud and unreasonable noise Item Title: 11.1
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The citation for prostitution was issued by San Diego PD, but according to their Records Department, no report was located. I was provided a copy of a document that indicated the crime occurred at 5825 Mission Gorge Rd., San Diego, CA 92120. A records check revealed the business name was Moon Spa. A search of Moon Spa on Rubmaps.ch led to the discovery of reviews consistent with prostitution activity. The most recent review was in September of 2022.

On July 26, 2022, Officer Turrell conducted an on-site inspection of Happy Seven and met with Jiang and Wang, who were identified as husband and wife. During the inspection, Jiang and Wang advised their children, one male and one female, would work the front counter as receptionists.

However, the business license application referenced only two employees. In addition, both Jiang and Wang claimed they had never been under investigation for any illicit massage parlor activities.

The response contradicted the fact that Wang was previously cited for prostitution. Refer to the attached copy of Officer Turrell’s business inspection for further details.

Based on Wang’s criminal history including the criminal charge of prostitution, and false statements provided on the business license application and directly to Officer Turrell, coupled with Wang and Jiang’s prior work associations with massage businesses listed on rubmaps.ch as locations that engage in prostitution activity, I recommend the City of Menifee deny the issuance of a business license pursuant to Menifee Municipal Code 5.01.140 (Grounds for Business License Denial) § K, which states:

Based on facts and circumstances discovered by the background investigation which indicate acts of deceit, fraud, or other acts of moral turpitude and the applicant's statements on the business license application, the Chief of Police or their designee reasonably determines that the applicant would not conduct the business enterprise in a law-abiding manner or would conduct the business in a manner that would subject patrons of the business enterprise to risk of harm or criminal, deceitful or otherwise unethical practices.

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September 22, 2022

Happy Seven
27701 Scott Road #204
Menifee, CA 92584

Re: Application Closed

Dear Business Owner:

Thank you for your recent business license application to register Happy Seven to operate at 27701 Scott Road #204, Menifee CA 92584. Regretfully, we are unable to approve your application at this time. The denial of your application was based upon the following reason(s):

Menifee Municipal Code 5.01.140 (Grounds for Business License Denial) § K, which states:

During the business application process, including Live Scans, false information as well as prior criminal history associated with at least of the listed employees.

Therefore, the business license application for Happy Seven is denied. Should you have any questions in regards to this decision feel free to contact us at [email protected] or at 951-723-3761.

Sincerely,

Margarita Cornejo
Deputy Finance Director

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Menifee Police Department
29714 Haun Rd.  Menifee, CA 92586  (951) 723-1500
Ed Varso, Chief of Police
1 | P a g e
DATE:October 31, 2022
TO: Margarita Cornejo, Deputy Finance Director
FROM:Ed Varso, Chief of Police
VIA:Raul Perez, Sergeant
SUBJECT:Request for Denial of Business License
Yihai Ace/Happy Seven, 27701 Scott Rd. #204, Menifee, CA 92584 On October 25, 2022, Fangkai Jiang submitted another business license application to the City of Menifee for a massage business, Yihai Ace/Happy Seven, located at 27001 Scott Rd. #204, Menifee, CA 92584. As part of the business license application, Mr. Jiang provided a written declaration indicating that he was the sole shareholder of Yiahi Ace, Inc., which seeks to do business in the City of Menifee as Happy 7. Also noted in the declaration was that Ms. Li Wang will have no involvement in the business operations of Yihai Ace and/or Happy 7.

Mr. Jiang’s previous business license application submitted on July 26, 2022, which included Li Wang as a massage therapist, was denied pursuant to Menifee Municipal Code 5.01.140. Reasons for the initial business license denial included Li Wang’s 2017 prostitution arrest in San Diego, and Jiang and Wang’s associations with prior massage businesses that had reviews on Rubmaps.ch that were consistent with prostitution activity. Refer to the initial denial memorandum for further information.

Since the initial business license denial, additional follow-up was conducted on Li Wang’s arrest from August 3, 2017, in San Diego. Wang was arrested for prostitution by the San Diego Police Department during an undercover operation at the business Joy Foot Massage located at 5825 Mission Gorge Rd., San Diego, CA 92120. The case was prosecuted by the City of San Diego City Attorney’s Office.

According to the City of San Diego, Fangkai Jiang and Shiwei Xing were the listed owners of record for Joy Foot Massage, 5825 Mission Gorge Rd., San Diego, CA 92120, from February 2, 2017, to February 28, 2018. Li Wang’s prostitution arrest at Joy Foot Massage on August 3, 2017, was during Fangkai Jiang’s ownership.

Mr. Jiang claims Li Wang will not be involved with the business operations of Yihai Ace and/or Happy 7. Still, it’s a risk the city cannot accept. Their prior illicit massage business associations and being married to each other are significant factors to consider when evaluating the potential risk of illicit massage activity occurring at a business owned or operated by Mr. Jiang. I, therefore, Item Title: 11.1
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continue to recommend that the City of Menifee deny the issuance of a business license pursuant to Menifee Municipal Code 5.01.140 (Grounds for Business License Denial) § K, which states:

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RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA DENYING THE APPEAL FILED BY THE
APPLICANT/APPELLANT YIHAI ACE INC. D/B/A HAPPY SEVEN,

FILED BY REPRESENTATIVE FANGKAI JIANG, WHICH APPEALS
THE DEPUTY FINANCE DIRECTOR'S (DECEMBER 2, 2022) DENIAL

OF A BUSINESS LICENSE APPLICATION FOR A MASSAGE
BUSINESS AT 27701 SCOTT ROAD, #204, MENIFEE, CA 92584
WHEREAS, on July 26, 2022, Fangkai Jiang and Li Wang, representatives for the applicant, Yihai Ace Inc. D/B/A Happy Seven (“Applicant”), filed a formal application with the City of Menifee (“City”) for the approval of a massage business license located at 27701 Scott Road, #204, Menifee, CA 92584; and
WHEREAS, pursuant to Section 5.01.090 Additional License Requirements for Special Business Types in the Menifee Municipal Code, which applies to massage business licenses, the Menifee Police Department (“Menifee PD”) proceeded to complete a background check and Live Scan of the applicants; and WHEREAS, Menifee PD discovered that Ms. Wang was previously arrested for engaging in prostitution at a massage establishment owned by Mr. Jiang, and he was and continues to be associated with massage businesses that are known to offer illegal sexual services; and
WHEREAS, on September 22, 2022, the Finance Department issued a formal denial letter to the Applicant based on the investigation and recommendation of Menifee PD; and
WHEREAS, on October 25, 2022, the Applicant submitted a new application for a massage business license located at the same Menifee address but listing only Mr.

Jiang as the business representative and owner; and
WHEREAS, Menifee PD proceeded to conduct a background check and Live Scan for Mr. Jiang as the business representative and owner; and WHEREAS, on December 2, 2022, on the recommendation of Menifee PD, the Finance Department issued a formal denial letter to the Applicant regarding the October 25, 2022, business license application; and
WHEREAS, on January 12, 2023, the City received a formal appeal application from the Applicant pursuant to Chapters 2.20 and 5.01.250 of the Menifee Municipal Code; and
WHEREAS, on April 5, 2023, the City Council of the City of Menifee held a public hearing to hear the appeal, testimonies, and arguments regarding the October 25, 2022, business license application by the Applicant and December 2, 2022, denial of said application; and
Item Title: 11.1
Business License Denial Appeal Hearing for Happy Seven
Item Page Number: 37
Menifee Mayor and City Council
April 5, 2023
Page
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Resolution No CC 23-____
Happy Seven Business License Application Appeal
April 5, 2023

Page 2 of 2 ends

WHEREAS, the City Council of the City of Menifee has read and considered all documentation submitted by the Applicant as well as City staff for the April 5, 2023, public hearing and appeal; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:

1. The recitals above are true and correct, based on substantial evidence in the record, and incorporated herein by this reference.

2. The information submitted by Mr. Jiang on behalf of the Applicant, the information submitted by City staff relating to the denial of the application and the appeal involving the Applicant, and the public hearing conducted on April 5, 2023, in which the City Council received arguments from the Applicant and City staff as well as public comments, provide adequate bases to uphold the Finance Department’s December 2, 2022, denial of the massage business license application submitted by Mr. Jiang on behalf of Yihai Ace Inc. d/b/a Happy Seven, located at 27701 Scott Road, #204, Menifee, CA 92584 was warranted based on the criteria for approval or denial set out in Menifee Municipal Code section 5.01.090 Additional License Requirements for Special Business Types.

3. The City Council’s independent judgment, based on the information, arguments, and public hearing discussed herein, is to deny the January 12, 2023, appeal submitted by Mr. Fankai Jiang on behalf of Yihai Ace Inc. d/b/a Happy Seven, located at 27701 Scott Road, #204, Menifee, CA 92584.

PASSED, APPROVED AND ADOPTED this the 5th day of April 2023. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Anita Kay Vinson, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
Business License Denial Appeal Hearing for Happy Seven
Item Page Number: 38
Menifee Mayor and City Council
April 5, 2023
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CITY OF MENIFEE
SUBJECT: Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services)
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution calling an election to annex territory, including TR 37131, located south of Old Newport Road and west of Briggs Road, into City of Menifee Community Facilities District (CFD) No. 2017-1 (Maintenance Services) and to levy a special tax on that land; and

2. Hold a special landowner election and canvass the election; and

3. Adopt a resolution declaring results of special landowner election; and

4. Introduce an ordinance, amending the Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1.

DISCUSSION
On February 15, 2023, the City Council adopted Resolution No. 23-1283, declaring its intent to annex territory to CFD No. 2017-1 and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 18. The next step in the annexation proceedings is to hold a public hearing on April 5, 2023, to conduct an election for the landowners and to declare the results of that election.

The area within Annexation No. 18 is included in TR 37131 and is approximately 80 gross acres of a vacant property within the City. The property is located south of Old Newport Road and west of Briggs Road, as shown in the attached project location map. The proposed maintenance services will include items such as landscaping, lighting, street maintenance, drainage, parks, and graffiti abatement.

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 1
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April 5, 2023
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City of Menifee Staff Report
CFD 2017-1 Annex 18 - Rockport Ranch
April 5, 2023

Page 2 of 3 ends

1 4
6 0
Per the request of AH EHC II (LEN) CA 1, LP (Owner), the City will establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 18 to pay for those services. Annexation Area No. 18 will have a maximum annual tax of $571 per unit. This tax rate includes a Maximum Special Tax A of $533 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $38 per unit per year. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982.

The Owner submitted a "Consent and Waiver" form on file in the City Clerk's Office to:
•hold the election and declare election results; and
•consent to the shortening of election time requirements; and •waive analysis and arguments; and
•waive all notice requirements relating to the conduct of the election immediately following the public hearing.

A copy of the boundary map entitled "Annexation Map No. 18, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on February 22, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the Riverside County Recorder. Annexing the parcel into CFD No. 2017-1 will cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there will be an annual collection of Special Tax A revenues of approximately $162,510, not including Contingent Tax B, to be used to pay for maintenance costs. In the event the City must take over the privately maintained drainage facilities Contingent Tax B could be levied for a total of approximately $11,704.

On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 2
Menifee Mayor and City Council
April 5, 2023
Page
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City of Menifee Staff Report
CFD 2017-1 Annex 18 - Rockport Ranch
April 5, 2023

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1 4
6 0

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 3
Menifee Mayor and City Council
April 5, 2023
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MENIFEE RD

HOLLAND RD

MENIFEE RD

NEWPORT RD
BRIGGS
RD

DOMENIGONI
PKWY

LA PIEDRA RD
^_

EVANSRD

GARBANI RD

NEWPORT RD

MURRIETARD

MENIFEE
RD

BRADLEY RD

AUDIE MURPHY RD

MCCALL BLVD

PALOMA WAY

PACKARD ST

RIDGEMOOR RD

BALDY PEAK DR BRADLEY
RD
§¨¦215
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18

PROJECT MAP
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 4
Menifee Mayor and City Council
April 5, 2023
Page
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RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, 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. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 18), TR 37131
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which are necessary to meet increased demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Council called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit, as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on February 15, 2023 duly adopted Resolution No. 23-1283 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for April 5, 2023; and WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 18, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 22, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on April 5, 2023, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. If and to the extent participation in the April 5, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-672-6777; and
1 Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 5
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Resolution Calling an Election Annex 18
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017-1, or by the owners of one-half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred with the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California acting as the legislative body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determine and order as follows:

Section 1.

Section 2.

Recitals. The foregoing recitals are true and correct.

Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2017-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4.

Section 5.

Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.

Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2017-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually in CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
2 Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 6
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Resolution Calling an Election Annex 18
Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8.

Section 9.

Accountability Measures. Pursuant to Government Code section 50075.1, the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works Director annually shall prepare and file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in the CFD No. 2017-1.

Special Election; Voting Procedures. The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on April 5, 2023, and shall be conducted as follows:
(A). Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the territory proposed to be annexed into CFD No. 2017-

1. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on February 22, 2023 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2017-1), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1. (B). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B.
(D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on April 5, 2023. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on April 5, 2023, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. 3 Item Title: 11.2
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Resolution Calling an Election Annex 18
(F). Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. General Authorization with Respect to the Election. The officers, employees, and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. All actions heretofore taken by the officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.

Section 11. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this Resolution and the annexation map of the boundaries of CFD No. 2017-1 in his/her office.

Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 5th day of April, 2023 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
4 Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 8
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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017-1, or any designee thereof associated with fulfilling the CFD No. 2017-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017-1 for any other administrative purposes of CFD No. 2017-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original City of Menifee 1
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
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construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2017-1” means the City of Menifee Community Facilities District No. 2017-1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

City of Menifee 2
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“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B. “Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

City of Menifee 3
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 11
Menifee Mayor and City Council
April 5, 2023
Page
289 of 377

“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of City of Menifee 4
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 12
Menifee Mayor and City Council
April 5, 2023
Page
290 of 377

Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:

City of Menifee 5
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 13
Menifee Mayor and City Council
April 5, 2023
Page
291 of 377

TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
TR 36299-1
& PM 95041 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
City of Menifee 6
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 14
Menifee Mayor and City Council
April 5, 2023
Page
292 of 377

(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Maximum
Special Tax B
(Contingent)
Tax
Zone
Taxable
Unit
RU
RU
Acre
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
$0
$0
$0
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:

City of Menifee 7
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 15
Menifee Mayor and City Council
April 5, 2023
Page
293 of 377

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Maximum
Special Tax BTax Taxable
Zone Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
Unit
RU
RU
Acre
(Contingent)
$0
$0
$0
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Maximum Special
Tax B (Contingent)Tax Zone Tracts Taxable Unit
TR 36299-1
& PM 95041 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved City of Menifee 8
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 16
Menifee Mayor and City Council
April 5, 2023
Page
294 of 377

Property at up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.

City of Menifee 9
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 17
Menifee Mayor and City Council
April 5, 2023
Page
295 of 377

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

City of Menifee 10
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 18
Menifee Mayor and City Council
April 5, 2023
Page
296 of 377

APPENDIX A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 18.

TAX ZONE 18 (SERVICES)
TR 37131
Item Description Estimated Cost
1 Landscaping $55,808
2 3
4 5
6 7
8 Lighting
Streets
Drainage
Parks
Graffiti
Reserves
Administration
$2,584
$13,525
$8,571
$66,510
$1,002
$6,975
$7,535
Total $162,510
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 18.

TAX ZONE 18 (CONTINGENT SERVICES)
TR 37131
Item Description Estimated Cost
1 2
3 Drainage
Reserves
Administration
$9,835
$984
$885
Total $11,704
TAX ZONE 18
FY 2023-24 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
Maximum
Special Tax A
$533
Maximum
Special Tax B
$38Unit
Approved Unit $533 $38
Undeveloped Acre $4,107 $296
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 19
Menifee Mayor and City Council
April 5, 2023
Page
297 of 377

MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Fiscal
Year
Included
No. of
Taxable
Units
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent)
$0
Tax
Zone
Land Use
Category
SFR
Taxable
UnitTract Subdivider
Stark Menifee Land, LLC
Stark Menifee Land, LLC &
Menifee Multifamily, LLC
Several
426 RU $158
36299-1 &
PM 95041 2018-19 548 MFR RU $158 $0

27.68 65
161
NR
SFR
SFR
Acre
RU
RU
$1,714
$539
$727
$0
$43
$0
2 3
2020-21
2020-21
TR 37576
TR 28859
Meritage Homes
Woodside O5S
Lennar Homes of
California, Inc.

Strata Holland, LLC
Meritage Homes of
California, Inc.
4 5
6 7
2020-21
2020-21
2021-22
2022-23
TTM 31098
TTM 36852
TTM 37668
TTM 31456
258
68 SFR
SFR
SFR
SFR
RU
RU
RU
RU
$878
$755
$765
$996
$0
$151
$295
$0
175
176 RCFC Investments, LLC
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
D.R. Horton Los Angeles
Holding Company, Inc.

Briggs & 74, LLC
TR 32102 &
TR 32102-18 2021-22 256 SFR RU $674 $0
9 2021-22
2022-23
TTM 37400
TPM 37380
174 SFR
NR
RU $703 $0
10 11

3.62 Acre $3,588 $1,646
To Be Determined
TR 37408 &
TR 37409
TR 36803
12 13
14 2022-23
2022-23
2022-23
1,022
80 SFR
SFR
SFR
RU
RU
RU
$963 $5 BLC Fleming LLC
$556
$281
$171
$45
FPG Sun Menifee 80 LLC
FPG Tricon Menifee
Property LLCTR 32628 303
Boulders Menifee LLC15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 16 17
18 19
2022-23
2023-24
2023-24
2023-24
LLA 17-007
PM 37145
TR 37131

12.48 4.82
305
MFR
NR
SFR
NR
Acre
Acre
RU
$3,273
$3,137
$533
$2,119
$0
$38
$0
Jefferson Menifee, LLC
VSK Investments, LLC
AG EHC II (LEN) CA 1, LP
DSMD Cajun PropertiesPLN 22-0199 0.96 Acre $2,995

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 20
Menifee Mayor and City Council
April 5, 2023
Page
298 of 377

APPENDIX B

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.

City of Menifee 13
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 21
Menifee Mayor and City Council
April 5, 2023
Page
299 of 377

APPENDIX C

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 14 Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 22
Menifee Mayor and City Council
April 5, 2023
Page
300 of 377

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 23
Menifee Mayor and City Council
April 5, 2023
Page
301 of 377

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 24
Menifee Mayor and City Council
April 5, 2023
Page
302 of 377

EXHIBIT B

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 18
(April 5, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner Number of Acres Owned

80.00 Total Votes
80AG EHC II (LEN) CA 1, L.P.

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the Acting City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Acting City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 22, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on April 5, 2023, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 5, 2023.

Very truly yours,
Kay Vinson
Acting City Clerk
City of Menifee
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 25
Menifee Mayor and City Council
April 5, 2023
Page
303 of 377

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

AG EHC II (LEN) CA 1, L.P.
c/o Essential Housing Asset Management LLC
Attn: Steven S. Benson
8585 E. Hartford Drive, Suite 118
Scottsdale, AZ 85255
364-190-004 and 364-190-005

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR “NO”
WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on February 15, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 18 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Steven S. Benson
Project Manager
Signature
Print Name
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 26
Menifee Mayor and City Council
April 5, 2023
Page
304 of 377

1 RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA, DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON APRIL 5, 2023 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 18), TR 37131
W
HEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017- 1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 5, 2023, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017 -1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on April 5, 2023, and the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated April 5, 2023, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results.

Section 3. Ballot Measure. The City Council hereby finds, determines, and declares that more than two-thirds (⅔) of all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualified electors in accordance with the Act.

Section 4. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act.

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 23-1283 adopted by the City Council on February 15, 2023. The Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 27
Menifee Mayor and City Council
April 5, 2023
Page
305 of 377

Resolution Declaring Election Results Annex 18
2 boundaries of the annexed territory are shown on the map entitled, “Annexation Map No. 18 Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 22, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the Riverside County Recorder.

Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 3117.5, within fifteen (15) days of the adoption of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries of the CFD No. 2017-1 including the annexed territory.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 5th day of April, 2023 ___________________________

Bill Zimmerman, Mayor
Attest:
__________________________
Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 28
Menifee Mayor and City Council
April 5, 2023
Page
306 of 377

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 18

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated February 22, 2023 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Qualified
Landowner Votes Votes Cast YES NO
80 80

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on April 5, 2023.

Kay Vinson
Acting City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 29
Menifee Mayor and City Council
April 5, 2023
Page
307 of 377

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 18
(Apri
l 5, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner Number of Acres Owned Total Votes
AG EHC II (LEN) CA 1, LP 80.00 80
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This s
pecial tax ballot is for the use of the property owner of the parcels identified below , which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the Acting City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Acting City Clerk, either by mail or in person, as follows:

Mail

Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 22, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on April 5, 2023, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

Howev
er delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 5, 2023.

Very
truly yours,
Kay V
inson
Acting City Clerk
City of Menifee
EXHIBIT "B"
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 30
Menifee Mayor and City Council
April 5, 2023
Page
308 of 377

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

AG EHC II (LEN) CA 1, LP
Attn: Sepideh Bastani
980 Montecito Drive, Suite 302
Corona, CA 92879
364-190-004 and 364-190-005

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 20 17-1 (Maintenance Services) adopted by the City Council on February 15, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 18 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

S
epideh Bastani
Project Manager
Signature
Print Name
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 31
Menifee Mayor and City Council
April 5, 2023
Page
309 of 377

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 32
Menifee Mayor and City Council
April 5, 2023
Page
310 of 377

ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2023-24 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and
WHEREAS, on February 15, 2023, the City Council adopted Resolution No. 23-1283 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 18) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for April 5, 2023; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and
WHEREAS, on April 5, 2023, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 23-___ entitled “A Resolution of the City Council of the City of Menifee 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. 2017-1 (Maintenance Services) (Annexation No. 18)” (the “Resolution Calling the Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 33
Menifee Mayor and City Council
April 5, 2023
Page
311 of 377

4 6
4 4
4 Election”) on April 5, 2023, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on April 5, 2023, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 23-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on April 5, 2023, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 18)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 18”).

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.Recitals. The foregoing recitals are true and correct.

Section 2.Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 3.Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2.Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2023- 24, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5.Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption.

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 34
Menifee Mayor and City Council
April 5, 2023
Page
312 of 377

4 6
4 4
4 Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 5th day of April, 2023 and APPROVED AND ADOPTED this 19th day of April, 2023.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 35
Menifee Mayor and City Council
April 5, 2023
Page
313 of 377

4 6
4 4
4 EXHIBIT A

DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-of- ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1283).

The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.

Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 36
Menifee Mayor and City Council
April 5, 2023
Page
314 of 377

5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of April 5, 2023)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 To Be Determined
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 37
Menifee Mayor and City Council
April 5, 2023
Page
315 of 377

Ordinance Annex 18

Page 6 of 12 ends

Menifee City CouncilApril 5, 2023

Menifee City Council
April 5, 2023