Menifee City Council
June 4, 2025

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 210

Menifee Mayor and City Council
June 4, 2025
Page
526 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360092008 $84.78 360092009 $84.78 360092010 $84.78
360092011 $84.78 360092012 $84.78 360092013 $84.78
360092014 $84.78 360092015 $84.78 360092016 $84.78
360092017 $84.78 360092018 $84.78 360092019 $84.78
360092020 $84.78 360092021 $84.78 360092022 $84.78
360092023 $84.78 360092024 $84.78 360092025 $84.78
360092026 $84.78 360092027 $84.78 360092028 $84.78
360092029 $84.78 360092030 $84.78 360092031 $84.78
360092032 $84.78 360092033 $84.78 360092034 $84.78
360092035 $84.78 360092036 $84.78 360092037 $84.78
360092038 $84.78 360092039 $84.78 360092040 $84.78
360092041 $84.78 360092042 $84.78 360092043 $84.78
360092044 $84.78 360092045 $84.78 360092046 $84.78
360092047 $84.78 360092048 $84.78 360092049 $84.78
360092050 $84.78 360310008 $828.62 360310009 $828.62
360310010 $828.62 360310011 $828.62 360310012 $828.62
360310013 $828.62 360310014 $828.62 360310015 $828.62
360310016 $828.62 360310017 $828.62 360310018 $828.62
360311001 $828.62 360311002 $828.62 360311003 $828.62
360311004 $828.62 360311005 $828.62 360311006 $828.62
360311007 $828.62 360311008 $828.62 360311009 $828.62
360312001 $828.62 360312002 $828.62 360312003 $828.62
360312004 $828.62 360312005 $828.62 360312006 $828.62
360312007 $828.62 360312008 $828.62 360312009 $828.62
360312010 $828.62 360312011 $828.62 360312012 $828.62
360401001 $101.80 360401002 $101.80 360401003 $101.80
360401004 $101.80 360401005 $101.80 360401006 $101.80
360401007 $101.80 360401008 $101.80 360401009 $101.80
360401010 $101.80 360401011 $101.80 360401012 $101.80
360401013 $101.80 360401014 $101.80 360401015 $101.80
360401016 $101.80 360401017 $101.80 360401018 $101.80
360401019 $101.80 360401020 $101.80 360401021 $101.80
360401022 $101.80 360401023 $101.80 360401024 $101.80
360401025 $101.80 360401026 $101.80 360401027 $101.80
360401028 $101.80 360401029 $101.80 360401030 $101.80
360401031 $101.80 360401032 $101.80 360401033 $101.80
360401034 $101.80 360401035 $101.80 360401036 $101.80
360401037 $101.80 360401038 $101.80 360401039 $101.80
360401040 $101.80 360401041 $101.80 360401042 $101.80
360401043 $101.80 360401044 $101.80 360401045 $101.80
360401046 $101.80 360401047 $101.80 360401048 $101.80
360401049 $101.80 360401050 $101.80 360401051 $101.80
360402001 $101.80 360402002 $101.80 360402003 $101.80
360402004 $101.80 360402005 $101.80 360402006 $101.80
360402007 $101.80 360402008 $101.80 360402009 $101.80
360402010 $101.80 360402011 $101.80 360402012 $101.80

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 211

Menifee Mayor and City Council
June 4, 2025
Page
527 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360402013 $101.80 360402014 $101.80 360402015 $101.80
360402016 $101.80 360402017 $101.80 360411001 $205.08
360411002 $205.08 360411003 $205.08 360411004 $205.08
360411005 $205.08 360411006 $205.08 360411007 $205.08
360411008 $205.08 360411009 $205.08 360411010 $205.08
360411011 $205.08 360411012 $205.08 360411013 $205.08
360411014 $205.08 360411015 $205.08 360411016 $205.08
360411017 $205.08 360411018 $205.08 360411019 $205.08
360411020 $205.08 360411021 $205.08 360411022 $205.08
360411023 $205.08 360411024 $205.08 360411025 $205.08
360411026 $205.08 360411027 $205.08 360411028 $205.08
360411029 $205.08 360411030 $205.08 360411031 $205.08
360412001 $205.08 360412002 $205.08 360412003 $205.08
360412004 $205.08 360412005 $205.08 360412006 $205.08
360412007 $205.08 360412008 $205.08 360412009 $205.08
360412010 $205.08 360412011 $205.08 360412012 $205.08
360412013 $205.08 360412014 $205.08 360412015 $205.08
360412016 $205.08 360412017 $205.08 360412018 $205.08
360412019 $205.08 360412020 $205.08 360412021 $205.08
360412022 $205.08 360412023 $205.08 360412024 $205.08
360412025 $205.08 360412026 $205.08 360412027 $205.08
360412028 $205.08 360412029 $205.08 360412030 $205.08
360412031 $205.08 360412032 $205.08 360412033 $205.08
360413001 $205.08 360413002 $205.08 360413003 $205.08
360413004 $205.08 360413005 $205.08 360413006 $205.08
360413007 $205.08 360413008 $205.08 360413009 $205.08
360413010 $205.08 360413011 $205.08 360413012 $205.08
360413013 $205.08 360421001 $205.08 360421002 $205.08
360421003 $205.08 360421004 $205.08 360421005 $205.08
360421006 $205.08 360421007 $205.08 360421008 $205.08
360421009 $205.08 360421010 $205.08 360421011 $205.08
360421012 $205.08 360421013 $205.08 360421014 $205.08
360421015 $205.08 360421016 $205.08 360421017 $205.08
360421018 $205.08 360421019 $205.08 360421020 $205.08
360421021 $205.08 360421022 $205.08 360421023 $205.08
360421024 $205.08 360421025 $205.08 360421026 $205.08
360421027 $205.08 360421028 $205.08 360421029 $205.08
360421030 $205.08 360421031 $205.08 360421032 $205.08
360421033 $205.08 360422001 $205.08 360422002 $205.08
360422003 $205.08 360422004 $205.08 360422005 $205.08
360422006 $205.08 360422007 $205.08 360422008 $205.08
360422009 $205.08 360422010 $205.08 360422011 $205.08
360422012 $205.08 360422013 $205.08 360422014 $205.08
360422015 $205.08 360422016 $205.08 360422017 $205.08
360422018 $205.08 360422019 $205.08 360422020 $205.08
360422021 $205.08 360422022 $205.08 360422023 $205.08

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 212

Menifee Mayor and City Council
June 4, 2025
Page
528 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360422024 $205.08 360422025 $205.08 360422026 $205.08
360422027 $205.08 360422028 $205.08 360431001 $176.72
360431002 $176.72 360431003 $176.72 360431004 $176.72
360431005 $176.72 360431006 $176.72 360431007 $176.72
360431008 $176.72 360431009 $176.72 360431010 $176.72
360431011 $176.72 360431012 $176.72 360431013 $176.72
360431014 $176.72 360431015 $176.72 360431016 $176.72
360431017 $176.72 360432001 $176.72 360432002 $176.72
360432003 $176.72 360432004 $176.72 360432005 $176.72
360432006 $176.72 360432007 $176.72 360432008 $176.72
360432009 $176.72 360432010 $176.72 360432011 $176.72
360432012 $176.72 360432013 $176.72 360432014 $176.72
360432015 $176.72 360432016 $176.72 360432017 $176.72
360432018 $176.72 360433001 $176.72 360433002 $176.72
360433003 $176.72 360433004 $176.72 360433005 $176.72
360433006 $176.72 360433007 $176.72 360433008 $176.72
360433009 $176.72 360433010 $176.72 360433011 $176.72
360433012 $176.72 360433013 $176.72 360433014 $176.72
360433015 $176.72 360433016 $176.72 360433017 $176.72
360433018 $176.72 360433019 $176.72 360433020 $176.72
360433021 $176.72 360433022 $176.72 360433023 $176.72
360433024 $176.72 360433025 $176.72 360433026 $176.72
360433027 $176.72 360433028 $176.72 360433029 $176.72
360433030 $176.72 360433031 $176.72 360433032 $176.72
360433033 $176.72 360433034 $176.72 360433035 $176.72
360433036 $176.72 360433037 $176.72 360433038 $176.72
360434001 $176.72 360434002 $176.72 360434003 $176.72
360434004 $176.72 360434005 $176.72 360434006 $176.72
360434007 $176.72 360434008 $176.72 360434009 $176.72
360434010 $176.72 360434011 $176.72 360434012 $176.72
360441001 $121.44 360441002 $121.44 360441003 $121.44
360441004 $121.44 360441005 $121.44 360441006 $121.44
360441007 $121.44 360441008 $121.44 360441009 $121.44
360441010 $121.44 360441011 $121.44 360441012 $121.44
360441013 $121.44 360441014 $121.44 360441015 $121.44
360441016 $121.44 360441017 $121.44 360441018 $121.44
360442001 $121.44 360442002 $121.44 360442003 $121.44
360442004 $121.44 360442005 $121.44 360442006 $121.44
360442007 $121.44 360442008 $121.44 360442009 $121.44
360442010 $121.44 360442011 $121.44 360442012 $121.44
360442013 $121.44 360442014 $121.44 360442015 $121.44
360442016 $121.44 360451001 $121.44 360451002 $121.44
360451003 $121.44 360451004 $121.44 360451005 $121.44
360451006 $121.44 360451007 $121.44 360451008 $121.44
360451009 $121.44 360451010 $121.44 360451011 $121.44
360451012 $121.44 360451013 $121.44 360451014 $121.44

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 213

Menifee Mayor and City Council
June 4, 2025
Page
529 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360451015 $121.44 360451016 $121.44 360451017 $121.44
360451018 $121.44 360451019 $121.44 360451020 $121.44
360451021 $121.44 360451022 $121.44 360451023 $121.44
360451024 $121.44 360451025 $121.44 360451026 $121.44
360451027 $121.44 360451028 $121.44 360451029 $121.44
360451030 $121.44 360451031 $121.44 360451032 $121.44
360451033 $121.44 360451034 $121.44 360451035 $121.44
360451036 $121.44 360451037 $121.44 360451038 $121.44
360452001 $121.44 360452002 $121.44 360452003 $121.44
360452004 $121.44 360452005 $121.44 360452006 $121.44
360452007 $121.44 360452008 $121.44 360452009 $121.44
360461001 $176.72 360461002 $176.72 360461003 $176.72
360461004 $176.72 360461005 $176.72 360461006 $176.72
360462001 $176.72 360462002 $176.72 360462003 $176.72
360462004 $176.72 360462005 $176.72 360462006 $176.72
360462007 $176.72 360463001 $176.72 360463002 $176.72
360463003 $176.72 360463004 $176.72 360463005 $176.72
360463006 $176.72 360463007 $176.72 360463008 $176.72
360463009 $176.72 360463010 $176.72 360463011 $176.72
360463012 $176.72 360463013 $176.72 360463014 $176.72
360463015 $176.72 360463016 $176.72 360463017 $176.72
360463018 $176.72 360463019 $176.72 360463020 $176.72
360463021 $176.72 360463022 $176.72 360463023 $176.72
360463024 $176.72 360463025 $176.72 360463026 $176.72
360463027 $176.72 360463028 $176.72 360463029 $176.72
360463030 $176.72 360463031 $176.72 360463032 $176.72
360463033 $176.72 360463034 $176.72 360463035 $176.72
360463036 $176.72 360463037 $176.72 360463038 $176.72
360463039 $176.72 360463040 $176.72 360464001 $176.72
360464002 $176.72 360464003 $176.72 360464004 $176.72
360464005 $176.72 360464006 $176.72 360464007 $176.72
360465001 $176.72 360465002 $176.72 360465003 $176.72
360465004 $176.72 360465005 $176.72 360465006 $176.72
360465007 $176.72 360465008 $176.72 360465009 $176.72
360465010 $176.72 360465011 $176.72 360465012 $176.72
360465013 $176.72 360465014 $176.72 360465015 $176.72
360465016 $176.72 360465017 $176.72 360470001 $176.74
360470002 $176.74 360470003 $176.74 360470004 $176.74
360470005 $176.74 360470006 $176.74 360470007 $176.74
360470008 $176.74 360470009 $176.74 360470010 $176.74
360470011 $176.74 360470012 $176.74 360470013 $176.74
360470014 $176.74 360470015 $176.74 360470016 $176.74
360470017 $176.74 360470018 $176.74 360470019 $176.74
360470020 $176.74 360470021 $176.74 360470022 $176.74
360470023 $176.74 360470024 $176.74 360470025 $176.74
360470026 $176.74 360470027 $176.74 360470028 $176.74

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 214

Menifee Mayor and City Council
June 4, 2025
Page
530 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360470029 $176.74 360471001 $176.74 360471002 $176.74
360471003 $176.74 360471004 $176.74 360471005 $176.74
360471006 $176.74 360471007 $176.74 360471008 $176.74
360471009 $176.74 360471010 $176.74 360471011 $176.74
360471012 $176.74 360471013 $176.74 360471014 $176.74
360472001 $176.74 360472002 $176.74 360472003 $176.74
360472004 $176.74 360472005 $176.74 360472006 $176.74
360472007 $176.74 360472008 $176.74 360472009 $176.74
360472010 $176.74 360472011 $176.74 360472012 $176.74
360472013 $176.74 360472014 $176.74 360472015 $176.74
360472016 $176.74 360472017 $176.74 360472018 $176.74
360472019 $176.74 360472020 $176.74 360472021 $176.74
360472022 $176.74 360472023 $176.74 360472024 $176.74
360472025 $176.74 360472026 $176.74 360472027 $176.74
360472028 $176.74 360472029 $176.74 360472030 $176.74
360472031 $176.74 360472032 $176.74 360472033 $176.74
360472034 $176.74 360472035 $176.74 360472036 $176.74
360472037 $176.74 360472038 $176.74 360472039 $176.74
360472040 $176.74 360472041 $176.74 360472042 $176.74
360472043 $176.74 360472044 $176.74 360472045 $176.74
360472046 $176.74 360472047 $176.74 360472048 $176.74
360480001 $173.30 360480002 $173.30 360480003 $173.30
360480004 $173.30 360480005 $173.30 360480006 $173.30
360480007 $173.30 360480008 $173.30 360480009 $173.30
360480010 $173.30 360480011 $173.30 360480012 $173.30
360480013 $173.30 360480014 $173.30 360480015 $173.30
360480016 $173.30 360480017 $173.30 360480018 $173.30
360480019 $173.30 360480020 $173.30 360480021 $173.30
360480022 $173.30 360480023 $173.30 360480024 $173.30
360480025 $173.30 360480026 $173.30 360480027 $173.30
360480028 $173.30 360480029 $173.30 360480030 $173.30
360480031 $173.30 360480032 $173.30 360480033 $173.30
360480034 $173.30 360480035 $173.30 360480036 $173.30
360480037 $173.30 360480038 $173.30 360480039 $173.30
360480040 $173.30 360480041 $173.30 360480042 $173.30
360480043 $173.30 360480044 $173.30 360480045 $173.30
360480046 $173.30 360480047 $173.30 360480048 $173.30
360480049 $173.30 360480050 $173.30 360480051 $173.30
360480052 $173.30 360480053 $173.30 360480054 $173.30
360480055 $173.30 360480056 $173.30 360480057 $173.30
360480058 $173.30 360480059 $173.28 360480060 $173.28
360480061 $173.28 360480062 $173.28 360480063 $173.28
360480064 $173.28 360480065 $173.28 360480066 $173.28
360480067 $173.28 360480068 $173.28 360480069 $173.28
360480070 $173.28 360480071 $173.28 360480072 $173.28
360480073 $173.28 360480074 $173.28 360480075 $173.28

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 215

Menifee Mayor and City Council
June 4, 2025
Page
531 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360480076 $173.28 360480077 $173.28 360481001 $173.30
360481002 $173.30 360481003 $173.30 360481004 $173.30
360481005 $173.30 360481006 $173.30 360481007 $173.30
360481008 $173.30 360481009 $173.30 360481010 $173.30
360481011 $173.30 360481012 $173.30 360481013 $173.30
360481014 $173.30 360481015 $173.30 360481016 $173.30
360481017 $173.30 360481018 $173.30 360481019 $173.30
360481020 $173.30 360481021 $173.30 360481022 $173.30
360481023 $173.30 360481024 $173.30 360481025 $173.30
360481026 $173.30 360490001 $173.28 360490002 $173.28
360490003 $173.28 360490004 $173.28 360490005 $173.28
360490006 $173.28 360490007 $173.28 360490008 $173.28
360490009 $173.28 360490010 $173.28 360490011 $173.28
360490012 $173.28 360490013 $173.28 360490014 $173.28
360490015 $173.28 360490016 $173.28 360490017 $173.28
360490018 $173.28 360490019 $173.28 360490020 $173.28
360490021 $173.28 360490022 $173.28 360490023 $173.28
360490024 $173.28 360490025 $173.28 360490026 $173.28
360490027 $173.28 360490028 $173.28 360490029 $173.28
360490030 $173.28 360490031 $173.28 360491001 $173.28
360491002 $173.28 360491003 $173.28 360491004 $173.28
360491005 $173.28 360491006 $173.28 360491007 $173.28
360491008 $173.28 360491009 $173.28 360491010 $173.28
360491011 $173.28 360491012 $173.28 360491013 $173.28
360491014 $173.28 360491015 $173.28 360491016 $173.28
360491017 $173.28 360491018 $173.28 360491019 $173.28
360491020 $173.28 360491021 $173.28 360491022 $173.28
360491023 $173.28 360491024 $173.28 360491025 $173.28
360491026 $173.28 360491027 $173.28 360491028 $173.28
360491029 $173.28 360491030 $173.28 360491031 $173.28
360491032 $173.28 360491033 $173.28 360491034 $173.28
360491035 $173.28 360491036 $173.28 360491037 $173.28
360491038 $173.28 360500001 $173.28 360500002 $173.28
360500003 $173.28 360500004 $173.28 360500005 $173.28
360500006 $173.28 360500007 $173.28 360500008 $173.28
360500009 $173.28 360500010 $173.28 360500011 $173.28
360500012 $173.28 360500013 $173.28 360500014 $173.28
360500015 $173.28 360500016 $173.28 360500017 $173.28
360500018 $173.28 360500019 $173.28 360500020 $173.28
360500021 $173.28 360500022 $173.28 360500023 $173.28
360500024 $173.28 360500025 $173.28 360501001 $173.28
360501002 $173.28 360501003 $173.28 360501004 $173.28
360501005 $173.28 360501009 $173.28 360501010 $173.28
360501011 $173.28 360501012 $173.28 360501013 $173.28
360501014 $173.28 360501015 $173.28 360501016 $173.28
360501017 $173.28 360501018 $173.28 360501019 $173.28

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 216

Menifee Mayor and City Council
June 4, 2025
Page
532 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360501020 $173.28 360501021 $173.28 360501022 $173.28
360501023 $173.28 360501024 $173.28 360501025 $173.28
360501026 $173.28 360501027 $173.28 360501028 $173.28
360501029 $173.28 360501030 $173.28 360501031 $173.28
360501032 $173.28 360501033 $173.28 360501034 $173.28
360510001 $173.28 360510002 $173.28 360510003 $173.28
360510004 $173.28 360510005 $173.28 360510006 $173.28
360510007 $173.28 360510008 $173.28 360511001 $173.28
360511002 $173.28 360512001 $173.28 360512002 $173.28
360512003 $173.28 360512004 $173.28 360512005 $173.28
360512006 $173.28 360512007 $173.28 360512008 $173.28
360512009 $173.28 360512010 $173.28 360512011 $173.28
360512012 $173.28 360512013 $173.28 360512014 $173.28
360512015 $173.28 360512016 $173.28 360512017 $173.28
360512018 $173.28 360512019 $173.28 360512020 $173.28
360512021 $173.28 360512022 $173.28 360512023 $173.28
360520001 $68.86 360520002 $68.86 360520003 $68.86
360520004 $68.86 360520005 $68.86 360520006 $68.86
360520007 $68.86 360520008 $68.86 360520009 $68.86
360520010 $68.86 360521001 $68.86 360521002 $68.86
360521003 $68.86 360521004 $68.86 360521005 $68.86
360521006 $68.86 360521007 $68.86 360521008 $68.86
360521009 $68.86 360521010 $68.86 360521011 $68.86
360521012 $68.86 360521013 $68.86 360521014 $68.86
360521015 $68.86 360521016 $68.86 360521017 $68.86
360521018 $68.86 360521019 $68.86 360522001 $68.86
360522002 $68.86 360522003 $68.86 360522004 $68.86
360522005 $68.86 360522006 $68.86 360522007 $68.86
360522008 $68.86 360522009 $68.86 360522010 $68.86
360522011 $68.86 360522012 $68.86 360522013 $68.86
360522014 $68.86 360522015 $68.86 360522016 $68.86
360522017 $68.86 360522018 $68.86 360530001 $68.86
360530002 $68.86 360530003 $68.86 360530004 $68.86
360530005 $68.86 360530006 $68.86 360530007 $68.86
360530008 $68.86 360530009 $68.86 360531001 $68.86
360531002 $68.86 360531003 $68.86 360531004 $68.86
360531005 $68.86 360531006 $68.86 360531007 $68.86
360531008 $68.86 360531009 $68.86 360531010 $68.86
360531011 $68.86 360531012 $68.86 360531013 $68.86
360531014 $68.86 360531015 $68.86 360531016 $68.86
360531017 $68.86 360531018 $68.86 360531019 $68.86
360531020 $68.86 360531021 $68.86 360531022 $68.86
360531023 $68.86 360531024 $68.86 360531025 $68.86
360531026 $68.86 360531027 $68.86 360531028 $68.86
360531029 $68.86 360531030 $68.86 360531031 $68.86
360531032 $68.86 360531033 $68.86 360531034 $68.86

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 217

Menifee Mayor and City Council
June 4, 2025
Page
533 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360531035 $68.86 360531036 $68.86 360531037 $68.86
360531038 $68.86 360540001 $68.86 360540002 $68.86
360540003 $68.86 360540004 $68.86 360540005 $68.86
360540006 $68.86 360540007 $68.86 360540008 $68.86
360540009 $68.86 360540010 $68.86 360540011 $68.86
360540012 $68.86 360540013 $68.86 360540014 $68.86
360540015 $68.86 360540016 $68.86 360540017 $68.86
360540018 $68.86 360540019 $68.86 360541001 $68.86
360541002 $68.86 360541003 $68.86 360541004 $68.86
360541005 $68.86 360541006 $68.86 360541007 $68.86
360541008 $68.86 360541009 $68.86 360541010 $68.86
360541011 $68.86 360541012 $68.86 360541013 $68.86
360541014 $68.86 360541015 $68.86 360541016 $68.86
360541017 $68.86 360541018 $68.86 360541019 $68.86
360541020 $68.86 360541021 $68.86 360541022 $68.86
360541023 $68.86 360541024 $68.86 360541025 $68.86
360541026 $68.86 360541027 $68.86 360541028 $68.86
360550001 $68.86 360550002 $68.86 360550003 $68.86
360550004 $68.86 360550005 $68.86 360550006 $68.86
360550007 $68.86 360550008 $68.86 360551001 $68.86
360551002 $68.86 360551003 $68.86 360551004 $68.86
360551005 $68.86 360551006 $68.86 360551007 $68.86
360551008 $68.86 360551009 $68.86 360551011 $68.86
360551012 $68.86 360551013 $68.86 360551014 $68.86
360551015 $68.86 360551016 $68.86 360551017 $68.86
360551018 $68.86 360551019 $68.86 360551020 $68.86
360551021 $68.86 360551022 $68.86 360551023 $68.86
360551024 $68.86 360551025 $68.86 360560001 $181.96
360560002 $181.96 360560003 $181.96 360560004 $181.96
360560005 $181.96 360560006 $181.96 360560007 $181.96
360560008 $181.96 360560009 $181.96 360560010 $181.96
360560011 $181.96 360560012 $181.96 360560013 $181.96
360560014 $181.96 360560015 $181.96 360561001 $181.96
360561002 $181.96 360561003 $181.96 360561004 $181.96
360561005 $181.96 360561006 $181.96 360561007 $181.96
360561008 $181.96 360561009 $181.96 360561010 $181.96
360561011 $181.96 360561012 $181.96 360561013 $181.96
360561014 $181.96 360561015 $181.96 360561016 $181.96
360561017 $181.96 360562001 $181.96 360562002 $181.96
360562003 $181.96 360562004 $181.96 360562005 $181.96
360562006 $181.96 360562007 $181.96 360562008 $181.96
360562009 $181.96 360562010 $181.96 360562011 $181.96
360562012 $181.96 360563001 $181.96 360563002 $181.96
360563003 $181.96 360563004 $181.96 360563005 $181.96
360563006 $181.96 360563007 $181.96 360563008 $181.96
360563009 $181.96 360563010 $181.96 360563011 $181.96

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 218

Menifee Mayor and City Council
June 4, 2025
Page
534 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360563012 $181.96 360563013 $181.96 360563014 $181.96
360563015 $181.96 360563016 $181.96 360563017 $181.96
360563018 $181.96 360563019 $181.96 360570001 $181.96
360570002 $181.96 360570003 $181.96 360570004 $181.96
360570005 $181.96 360570006 $181.96 360570007 $181.96
360570008 $181.96 360570009 $181.96 360570010 $181.96
360570011 $181.96 360570012 $181.96 360570013 $181.96
360570014 $181.96 360570015 $181.96 360570016 $181.96
360570017 $181.96 360570018 $181.96 360570019 $181.96
360570020 $181.96 360570021 $181.96 360570022 $181.96
360570023 $181.96 360571001 $181.96 360571002 $181.96
360571003 $181.96 360571004 $181.96 360571005 $181.96
360571006 $181.96 360571007 $181.96 360571008 $181.96
360571009 $181.96 360571010 $181.96 360571011 $181.96
360571012 $181.96 360571013 $181.96 360571014 $181.96
360571015 $181.96 360571016 $181.96 360571017 $181.96
360571018 $181.96 360571019 $181.96 360580001 $209.14
360580002 $209.14 360580003 $209.14 360580004 $209.14
360580005 $209.14 360580006 $209.14 360580007 $209.14
360580008 $209.14 360580009 $209.14 360580010 $209.14
360580011 $209.14 360580012 $209.14 360580013 $209.14
360580014 $209.14 360580015 $209.14 360580016 $209.14
360580017 $209.14 360580018 $209.14 360580019 $209.14
360580020 $209.14 360580021 $209.14 360580022 $209.14
360580023 $209.14 360580024 $209.14 360580025 $209.14
360580026 $209.14 360580027 $209.14 360580028 $209.14
360580029 $209.14 360580030 $209.14 360580031 $209.14
360580032 $209.14 360580033 $209.14 360581001 $209.14
360581002 $209.14 360581003 $209.14 360581004 $209.14
360581005 $209.14 360581006 $209.14 360581007 $209.14
360581008 $209.14 360581009 $209.14 360581010 $209.14
360581011 $209.14 360581012 $209.14 360581013 $209.14
360581014 $209.14 360581015 $209.14 360581016 $209.14
360581017 $209.14 360581018 $209.14 360581019 $209.14
360581020 $209.14 360581021 $209.14 360581022 $209.14
360581023 $209.14 360581024 $209.14 360581025 $209.14
360581026 $209.14 360581027 $209.14 360581028 $209.14
360581029 $209.14 360581030 $209.14 360581031 $209.14
360581032 $209.14 360581033 $209.14 360581034 $209.14
360581035 $209.14 360581036 $209.14 360590001 $209.14
360590002 $209.14 360590003 $209.14 360591001 $209.14
360591002 $209.14 360591003 $209.14 360591004 $209.14
360591005 $209.14 360591006 $209.14 360591007 $209.14
360591008 $209.14 360591009 $209.14 360591010 $209.14
360591011 $209.14 360591012 $209.14 360591013 $209.14
360591014 $209.14 360591015 $209.14 360591016 $209.14

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 219

Menifee Mayor and City Council
June 4, 2025
Page
535 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360591017 $209.14 360591018 $209.14 360591019 $209.14
360592001 $209.14 360592002 $209.14 360592003 $209.14
360592004 $209.14 360592005 $209.14 360592006 $209.14
360592007 $209.14 360592008 $209.14 360592009 $209.14
360592010 $209.14 360592011 $209.14 360592012 $209.14
360592013 $209.14 360592014 $209.14 360592015 $209.14
360592016 $209.14 360592017 $209.14 360592018 $209.14
360592019 $209.14 360592020 $209.14 360592021 $209.14
360592022 $209.14 360592023 $209.14 360592024 $209.14
360592025 $209.14 360592026 $209.14 360592027 $209.14
360592028 $209.14 360592029 $209.14 360592030 $209.14
360592031 $209.14 360592032 $209.14 360592033 $209.14
360592034 $209.14 360592035 $209.14 360592036 $209.14
360592037 $209.14 360600001 $195.16 360600002 $195.16
360600003 $195.16 360600004 $195.16 360600005 $195.16
360600006 $195.16 360600007 $195.16 360600008 $195.16
360600009 $195.16 360600010 $195.16 360600011 $195.16
360600012 $195.16 360600013 $195.16 360600014 $195.16
360600015 $195.16 360600016 $195.16 360610001 $195.16
360610002 $195.16 360610003 $195.16 360610004 $195.16
360610005 $195.16 360610006 $195.16 360610007 $195.16
360610008 $195.16 360610009 $195.16 360610010 $195.16
360610011 $195.16 360611001 $195.16 360611002 $195.16
360611003 $195.16 360611004 $195.16 360611005 $195.16
360611006 $195.16 360611007 $195.16 360611008 $195.16
360611009 $195.16 360611010 $195.16 360611011 $195.16
360611012 $195.16 360611013 $195.16 360611014 $195.16
360611015 $195.16 360611016 $195.16 360611017 $195.16
360611018 $195.16 360611019 $195.16 360611020 $195.16
360611021 $195.16 360611022 $195.16 360611023 $195.16
360611024 $195.16 360611025 $195.16 360611026 $195.16
360611027 $195.16 360611028 $195.16 360611029 $195.16
360611030 $195.16 360611031 $195.16 360611032 $195.16
360611033 $195.16 360611034 $195.16 360611035 $195.16
360611036 $195.16 360611037 $195.16 360611038 $195.16
360611039 $195.16 360611040 $195.16 360611041 $195.16
360611042 $195.16 360611043 $195.16 360611044 $195.16
360612001 $195.16 360612002 $195.16 360612003 $195.16
360612004 $195.16 360612005 $195.16 360612006 $195.16
360612007 $195.16 360612008 $195.16 360612009 $195.16
360612010 $195.16 360612011 $195.16 360612012 $195.16
360612013 $195.16 360612015 $195.16 360612016 $195.16
360620001 $442.88 360620002 $442.88 360620003 $442.88
360620004 $442.88 360620005 $442.88 360620006 $442.88
360620007 $442.88 360620008 $442.88 360620009 $442.88
360620010 $442.88 360620011 $442.88 360620012 $442.88

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 220

Menifee Mayor and City Council
June 4, 2025
Page
536 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360620013 $442.88 360620014 $442.88 360621001 $442.88
360621002 $442.88 360621003 $442.88 360621004 $442.88
360621005 $442.88 360621006 $442.88 360621007 $442.88
360621008 $442.88 360621009 $442.88 360621010 $442.88
360621011 $442.88 360621012 $442.88 360621013 $442.88
360621014 $442.88 360621015 $442.88 360621016 $442.88
360621017 $442.88 360621018 $442.88 360621019 $442.88
360621020 $442.88 360621021 $442.88 360621022 $442.88
360621023 $442.88 360621024 $442.88 360621025 $442.88
360621026 $442.88 360621027 $442.88 360621028 $442.88
360621029 $442.88 360621030 $442.88 360621031 $442.88
360621032 $442.88 360621033 $442.88 360621034 $442.88
360621035 $442.88 360621036 $442.88 360621037 $442.88
360621038 $442.88 360621039 $442.88 360621040 $442.88
360621041 $442.88 360621042 $442.88 360621043 $442.88
360621044 $442.88 360621045 $442.88 360622001 $442.88
360622002 $442.88 360622003 $442.88 360622004 $442.88
360622005 $442.88 360622006 $442.88 360622007 $442.88
360622008 $442.88 360622009 $442.88 360630001 $442.88
360630002 $442.88 360630003 $442.88 360630004 $442.88
360630005 $442.88 360630006 $442.88 360630007 $442.88
360630008 $442.88 360630009 $442.88 360630010 $442.88
360630011 $442.88 360630012 $442.88 360630013 $442.88
360630014 $442.88 360630015 $442.88 360630016 $442.88
360630017 $442.88 360630018 $442.88 360630019 $442.88
360630020 $442.88 360630021 $442.88 360630022 $442.88
360630023 $442.88 360631001 $442.88 360631002 $442.88
360631003 $442.88 360631004 $442.88 360631005 $442.88
360631006 $442.88 360631007 $442.88 360631008 $442.88
360631009 $442.88 360631010 $442.88 360631011 $442.88
360631012 $442.88 360631013 $442.88 360631014 $442.88
360631015 $442.88 360631016 $442.88 360631017 $442.88
360631018 $442.88 360631019 $442.88 360631020 $442.88
360631021 $442.88 360631022 $442.88 360631023 $442.88
360631024 $442.88 360640001 $342.38 360640002 $342.38
360640003 $342.38 360640004 $342.38 360640005 $342.38
360640006 $342.38 360640007 $342.38 360640008 $342.38
360640009 $342.38 360640010 $342.38 360640011 $342.38
360640012 $342.38 360640013 $342.38 360640014 $342.38
360640015 $342.38 360640016 $342.38 360640017 $342.38
360640018 $342.38 360640019 $342.38 360640020 $342.38
360640021 $342.38 360640022 $342.38 360640023 $342.38
360640024 $342.38 360640025 $342.38 360640026 $342.38
360640027 $342.38 360640028 $342.38 360640029 $342.38
360640030 $342.38 360640031 $342.38 360640032 $342.38
360640033 $342.38 360640034 $342.38 360640035 $342.38

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 221

Menifee Mayor and City Council
June 4, 2025
Page
537 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360640036 $342.38 360640037 $342.38 360640038 $342.38
360640039 $342.38 360640040 $342.38 360640041 $342.38
360640042 $342.38 360650001 $209.14 360650002 $209.14
360650003 $209.14 360650004 $209.14 360650005 $209.14
360650006 $209.14 360650007 $209.14 360650008 $209.14
360650009 $209.14 360650010 $209.14 360650011 $209.14
360650012 $209.14 360650013 $209.14 360650014 $209.14
360650015 $209.14 360651001 $209.14 360651002 $209.14
360651003 $209.14 360651004 $209.14 360651005 $209.14
360651006 $209.14 360651007 $209.14 360651008 $209.14
360651009 $209.14 360651010 $209.14 360651011 $209.14
360651012 $209.14 360651013 $209.14 360651014 $209.14
360651015 $209.14 360651016 $209.14 360651017 $209.14
360651018 $209.14 360651019 $209.14 360651020 $209.14
360651021 $209.14 360651022 $209.14 360651023 $209.14
360651024 $209.14 360651025 $209.14 360651026 $209.14
360651027 $209.14 360651028 $209.14 360651029 $209.14
360651030 $209.14 360651031 $209.14 360652001 $209.14
360652002 $209.14 360652003 $209.14 360652004 $209.14
360652005 $209.14 360652006 $209.14 360652007 $209.14
360652008 $209.14 360652009 $209.14 360652010 $209.14
360652011 $209.14 360652012 $209.14 360652013 $209.14
360652014 $209.14 360652015 $209.14 360652016 $209.14
360652017 $209.14 360652018 $209.14 360652019 $209.14
360652020 $209.14 360652021 $209.14 360652022 $209.14
360653001 $209.14 360653002 $209.14 360653003 $209.14
360653004 $209.14 360653005 $209.14 360653006 $209.14
360660001 $209.14 360660002 $209.14 360660003 $209.14
360660004 $209.14 360660005 $209.14 360660006 $209.14
360660007 $209.14 360660008 $209.14 360660009 $209.14
360660010 $209.14 360660011 $209.14 360660012 $209.14
360660013 $209.14 360660014 $209.14 360660015 $209.14
360660016 $209.14 360660017 $209.14 360660018 $209.14
360660019 $209.14 360660020 $209.14 360660021 $209.14
360660022 $209.14 360660023 $209.14 360660024 $209.14
360660025 $209.14 360660026 $209.14 360660027 $209.14
360660028 $209.14 360660029 $209.14 360670001 $442.88
360670002 $442.88 360670003 $442.88 360670006 $442.88
360670007 $442.88 360670008 $442.88 360670009 $442.88
360670010 $442.88 360670011 $442.88 360671001 $442.88
360671002 $442.88 360671003 $442.88 360671004 $442.88
360671005 $442.88 360671006 $442.88 360671007 $442.88
360671008 $442.88 360671009 $442.88 360671010 $442.88
360671011 $442.88 360671012 $442.88 360671013 $442.88
360671014 $442.88 360671015 $442.88 360671016 $442.88
360671017 $442.88 360671018 $442.88 360671019 $442.88

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 222

Menifee Mayor and City Council
June 4, 2025
Page
538 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360671020 $442.88 360671021 $442.88 360671022 $442.88
360671023 $442.88 360671024 $442.88 360671025 $442.88
360671026 $442.88 360671027 $442.88 360671028 $442.88
360671029 $442.88 360671030 $442.88 360671031 $442.88
360671032 $442.88 360671033 $442.88 360671034 $442.88
360671035 $442.88 360671036 $442.88 360671037 $442.88
360671038 $442.88 360671039 $442.88 360671040 $442.88
360671041 $442.88 360671042 $442.88 360671043 $442.88
360671044 $442.88 360671045 $442.88 360671046 $442.88
360671047 $442.88 360671048 $442.88 360671049 $442.88
360671050 $442.88 360671051 $442.88 360671052 $442.88
360671053 $442.88 360671054 $442.88 360671055 $442.88
360671056 $442.88 360671057 $442.88 360671058 $442.88
360671059 $442.88 360671060 $442.88 360671061 $442.88
360671062 $442.88 360671063 $442.88 360671064 $442.88
360671065 $442.88 360671066 $442.88 360810001 $342.38
360810002 $342.38 360810003 $342.38 360810004 $342.38
360810005 $342.38 360810006 $342.38 360810007 $342.38
360810008 $342.38 360810009 $342.38 360810010 $342.38
360810011 $342.38 360810012 $342.38 360810013 $342.38
360810014 $342.38 360810015 $342.38 360810016 $342.38
360810017 $342.38 360810018 $342.38 360810019 $342.38
360810020 $342.38 360810021 $342.38 360810022 $342.38
360810023 $342.38 360810024 $342.38 360810025 $342.38
360810026 $342.38 360810027 $342.38 360810028 $342.38
360810029 $342.38 360810030 $342.38 360810031 $342.38
360810032 $342.38 360810033 $342.38 360810034 $342.38
360810035 $342.38 360810036 $342.38 360810037 $342.38
360810038 $342.38 360810039 $342.38 360810040 $342.38
360810041 $342.38 360810042 $342.38 360810043 $342.38
360810044 $342.38 360810045 $342.38 360810046 $342.38
360810047 $342.38 360810048 $342.38 360810049 $342.38
360810050 $342.38 360810051 $342.38 360810052 $342.38
360810053 $342.38 360810054 $342.38 360810055 $342.38
360810056 $342.38 360810057 $342.38 360810058 $342.38
360810059 $342.38 360810060 $342.38 360810061 $342.38
360810062 $342.38 360810063 $342.38 360810064 $342.38
360810065 $342.38 360810066 $342.38 360810067 $342.38
360810068 $342.38 360810069 $342.38 360810070 $342.38
360810071 $342.38 360810072 $342.38 360810073 $342.38
360810074 $342.38 360810075 $342.38 360820001 $409.16
360820002 $409.16 360820003 $409.16 360820004 $409.16
360820005 $409.16 360820006 $409.16 360820007 $409.16
360820008 $409.16 360820009 $409.16 360820010 $409.16
360820011 $409.16 360820012 $409.16 360820013 $409.16
360820014 $409.16 360820015 $409.16 360820016 $409.16

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 223

Menifee Mayor and City Council
June 4, 2025
Page
539 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360820017 $409.16 360820018 $409.16 360820019 $409.16
360820020 $409.16 360820021 $409.16 360820022 $409.16
360820023 $409.16 360820024 $409.16 360820025 $409.16
360820026 $409.16 360820027 $409.16 360820028 $409.16
360820029 $409.16 360820030 $409.16 360820031 $409.16
360820032 $409.16 360820033 $409.16 360820034 $409.16
360820035 $409.16 360820036 $409.16 360820037 $409.16
360820038 $409.16 360820039 $409.16 360830001 $349.22
360830002 $349.22 360830003 $349.22 360830004 $349.22
360830005 $349.22 360830006 $349.22 360830007 $349.22
360830008 $349.22 360830009 $349.22 360830010 $349.22
360830011 $349.22 360830012 $349.22 360830013 $349.22
360830015 $349.22 360830016 $349.22 360830017 $349.22
360830018 $349.22 360830019 $349.22 360830020 $349.22
360830021 $349.22 360830022 $349.22 360830023 $349.22
360830024 $349.22 360830025 $349.22 360830026 $349.22
360830027 $349.22 360830028 $349.22 360830029 $349.22
360830030 $349.22 360830031 $349.22 360830032 $349.22
360830033 $349.22 360830034 $349.22 360830035 $349.22
360830036 $349.22 360830037 $349.22 360830038 $349.22
360830039 $349.22 360830040 $349.22 360830041 $349.22
360830042 $349.22 360830043 $349.22 360830044 $349.22
360830045 $349.22 360830046 $349.22 360830047 $349.22
360830048 $349.22 360830049 $349.22 360830050 $349.22
360830051 $349.22 360830052 $349.22 360840001 $409.16
360840002 $409.16 360840003 $409.16 360840004 $409.16
360840005 $409.16 360840006 $409.16 360840007 $409.16
360840008 $409.16 360840009 $409.16 360840010 $409.16
360840011 $409.16 360840012 $409.16 360840013 $409.16
360840014 $409.16 360840015 $409.16 360840016 $409.16
360840017 $409.16 360840018 $409.16 360840019 $409.16
360840020 $409.16 360840021 $409.16 360840022 $409.16
360840023 $409.16 360840024 $409.16 360840025 $409.16
360840026 $409.16 360840027 $409.16 360840028 $409.16
360840029 $409.16 360840030 $409.16 360840031 $409.16
360840032 $409.16 360840033 $409.16 360840034 $409.16
360840035 $409.16 360840036 $409.16 360840037 $409.16
360840038 $409.16 360840039 $409.16 360840040 $409.16
360840041 $409.16 360840042 $409.16 360840043 $409.16
360840044 $409.16 360840045 $409.16 360840046 $409.16
360840050 $349.22 360840051 $349.22 360840052 $349.22
360840053 $349.22 360840054 $349.22 360840055 $349.22
360840056 $349.22 360840057 $349.22 360840058 $349.22
360840059 $349.22 360840060 $349.22 360840061 $349.22
360840062 $349.22 360840063 $349.22 360840064 $349.22
360840065 $349.22 360840066 $349.22 360840067 $349.22

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 224

Menifee Mayor and City Council
June 4, 2025
Page
540 of 1361

68-3965 - CSA 145
Fiscal Year 2025-26
APN Levy APN Levy APN Levy
Assessment Roll
360840068 $349.22 360840069 $349.22 360840070 $349.22
360840071 $349.22 360840072 $349.22 360840073 $349.22
360840074 $349.22 360840075 $349.22 360840076 $349.22
360840077 $349.22 360840078 $349.22 360840079 $349.22
360840080 $349.22 360840081 $349.22 360840082 $349.22
360840083 $349.22
Parcels 7,744 Levy $1,052,783.00

Engineer's Report
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 225

Menifee Mayor and City Council
June 4, 2025
Page
541 of 1361

Appendix B:

County Service Areas Map
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 226

Menifee Mayor and City Council
June 4, 2025
Page
542 of 1361

CHAMBERS AVE

SCOTT RD

HOLLAND RD

MCLAUGHLIN RD
BRIGGS
RD

KELLER RD

MURRIETA RD

ROUSE RD
HAUN
RD

MENIFEE RD

NEWPORT RD

MENIFEE
§¨¦15
§¨¦215
·|}þ79
·|}þ74
0 6,000 12,0003,000 Feet

COUNTY SERVICE AREAS
Ê
CSA 84
CSA 84
CSA 86
CSA 145
CSA
145
Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 227

Menifee Mayor and City Council
June 4, 2025
Page
543 of 1361

Item Title: 10.5
Intention to set a Public Hearing to Establish Fiscal Year 2025/2026 County Service Area Charges Within the City Item Page Number: 228

Menifee Mayor and City Council
June 4, 2025
Page
544 of 1361

CITY OF MENIFEE
SUBJECT: Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado
MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution of consideration to amend the rate and method of apportionment and modify the authorized facilities for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado, located to the northwest of Antelope Road and Chambers Avenue and south of Rouse Road, and set a public hearing date for July 16, 2025.

DISCUSSION
The City of Menifee (“the City”) previously formed Community Facilities District No. 2022-3, Legado, of the City of Menifee (the “CFD”), which consists of the development project known as Legado. The property is located to the northwest of Antelope Road and Chambers Avenue and south of Rouse Road, as shown in the attached Location Map.

The CFD currently includes three improvement areas. Lennar Homes of California, LLC (“Lennar”) and KL LB Buy 1 LLC, a Delaware Limited Liability Company, as Lennar’s landbank (the “Landbank”), together own all of the property in Improvement Area No. 1. Lennar and the Landbank have requested that the City undertake change proceedings with respect to Improvement Area No. 1 to: (1) amend the rate and method of apportionment as a result of changes in home product types and pricing since the time the CFD was formed and (2) to add dry utilities to the facilities that the CFD is authorized to finance for Improvement Area No. 1.

The Resolution of Consideration, which calls for a public hearing, is the first step in the process to accomplish those. A public hearing on the matter would take place on July 16, 2025, and at that time the Council would formally consider the changes described above.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 1

Menifee Mayor and City Council
June 4, 2025
Page
545 of 1361

City of Menifee Staff Report
Proposed Change Proceedings for IA1 of CFD 2022-3, Legado June 4, 2025

2 7
2 5

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
All costs for the change proceedings will be covered through the deposit made by Lennar, which may be reimbursed to Lennar in accordance with the reimbursement agreement previously entered into with Lennar. No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Project Location Map CFD 2022-3

2. Resolution of Consideration CFD 2022-3
Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 2

Menifee Mayor and City Council
June 4, 2025
Page
546 of 1361

DESERT ROSE LN

MCLAUGHLIN RD

ROUSE RD

SHERMAN
RD

MC C AL L
BLVD

MATTHEWS RD

ANTELOPE
RD

PALOMAR
RD
§¨¦215
^_C HAMBERS AVE

ROUSE RD

WATSON RD

MCCALL BLVD

PALOMA WAY

PACKARD ST

MATTHEWS
RD

EVANS RD
§¨¦215
·|}þ74
CFD NO. 2022-3 (LEGADO)

AMENDED PROJECT MAP

IMPROVEMENT
AREA 1
IA 3 IA 3
IA 2
Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 3

Menifee Mayor and City Council
June 4, 2025
Page
547 of 1361

RESOLUTION NO. 25-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO)

OF THE CITY OF MENIFEE , DECLARING ITS INTENTION TO CONSIDER

AMENDING THE RATE AND METHOD OF APPORTIONMENT AND MODIFYING THE AUTHORIZED FACILITIES FOR IMPROVEMENT AREA NO. 1
WHEREAS, after a public hearing, on September 21, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution Nos. 22-1222 (the “Resolution of Formation”) and 22-1223 (the “Resolution to Incur Bonded Indebtedness”) which formed Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District” or “Community Facilities District No. 2022-3”), designated two improvement areas therein (“Improvement Area No. 1 ” and “Improvement Area No 2” ) and called a special election on September 21, 2022 , within each improvement area on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two -thirds vote by the qualified electors within each improvement area on September 21, 2022; and WHEREAS, subsequent to formation, the District received separate petitions (the “Petitions”), as attached as Exh ibit C , signed by Lennar Homes of California, LLC, a California limited liability company (“Lennar”), and KL LB Buy 1 LLC, a Delaware limited liability company (the “Land Bank” and, collectively with Lennar, the “Owner”), which together currently own all of the taxable land within Improvement Area No. 1, to initiate certain changes to amend and restate the original rate and method of apportionment of special tax for Improvement Area No. 1 (the “Original Improvement Area No. 1 Rate and Method”) in the form attached as Exhibit A (the “Amended Improvement Area No. 1 Rate and Method”); and
WHEREAS, the Petitions also requested that the City Council consider amending the list of facilities authorized to be financed by the District with respect to Improvement Area No. 1 to include certain additional facilities necessary for the development, including, without limitation, dry utilities (such as gas, electric, telephone, data, and cable infrastructure), as set forth in Exhibit B hereto, consistent with the provisions of Sections 53313.5 of the Government Code.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Menifee, acting as the legislative body of Community Facilities District No. 2022-3, Legado, of the City of Menifee, does hereby determine and order as follows:

Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.

Section 2. The City Council, acting as the legislative body of the District, declares its intention to conduct proceedings pursuant to Article 3. 3 of the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to amend and restate the Original Improvement Area No. 1 Rate and Method, in the form of the Amended Improvement Area No. 1 Rate and Method attached hereto as Exhibit A.

In addition, the City Council declares its intention to amend the list of authorized facilities set forth in the Resolution of Formation and Attachment A thereto, to include additional facilities eligible for financing by Improvement Area No. 1, including but not limited to the planning, design, acquisition, and/or construction of dry utility infrastructure (gas, electric, telephone, data, cable) and associated appurtenances, and such other improvements as may be deemed necessary and appropriate under the Act.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 4

Menifee Mayor and City Council
June 4, 2025
Page
548 of 1361

Resolution of Consideration for Change Proceedings for CFD 2023-2

The proposed Amended Improvement Area No. 1 Rate and Method and manner of collection of the special tax for Improvement Area No. 1 are described in detail in Exhibit A (which attachment is incorporated herein by this reference), and allow each landowner within Improvement Area No. 1 to estimate the maximum amount that may be levied against each parcel.

If the special tax of Improvement Area No. 1 is levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar amount that shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Exhibit A hereto, (ii) such Special Tax not shall be levied after fiscal year 2069-70, as described in Exhibit A hereto, and (iii) under no circumstances will the special tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within Improvement Area No. 1 by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

The special tax of Improvement Area No. 1 is based on the expected demand that each parcel of real property within proposed Improvement Area No. 1 will place on the facilities described in Attachment A to the Resolution of Formation (the “Facilities”). The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land in the District. The City Council hereby determines the Amended Improvement Area No. 1 Rate and Method set forth in Exhibit A to be reasonable. The special tax of Improvement Area No. 1 is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Improvement Area No. 1 shall become for any reason exempt, wholly or partially, from the levy of the special tax of Improvement Area No. 1 specified on Exhibit A, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit A, to the extent necessary upon the remaining property within Improvement Area No. 1 which is not exempt in order to yield the special tax revenues of Improvement Area No. 1 required for the purposes described in this Section 2. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Exhibit A hereto.

Section 3. A public hearing (the “Hearing”) on amending the Original Improvement Area No. 1 Rate and Method in accordance with the proposed Amended Improvement Area No. 1 Rate and Method and the amended list of authorized facilities shall be held at 6:00 p.m., or as soon thereafter as practicable, on July 16, 2025 , at the City Council Chambers, 29844 Haun Road, Menifee, California. Should the City Council determine to take action to effectuate the foregoing, a special election will be held within Improvement Area No. 1 to authorize the levy of the special tax pursuant to the proposed Amended Improvement Area No. 1 Rate and Method and the amended list of authorized facilities in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be by landowner vote, with each landowner who is the owner of record of land within Improvement Area No. 1 at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within Improvement Area No. 1 . Ballots for the special election may be distributed by mail or by personal service.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 5

Menifee Mayor and City Council
June 4, 2025
Page
549 of 1361

Resolution of Consideration for Change Proceedings for CFD 2023-2

Section 4. At the time and place set forth above for the Hearing, the City Council will receive testimony regarding the matters described in Section 3 above. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within Improvement Area No. 1 may appear and be heard.

Section 5. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the District. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of Improvement Area No. 1 at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in Improvement Area No. 1 and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 6. Except as set forth herein, including the proposed amendment to the Original Improvement Area No. 1 Rate and Method and the modification to the list of authorized facilities for Improvement Area No. 1, no other amendments or modifications to the District are being considered at this time
Section 7. This Resolution shall be effective upon its adoption.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 6

Menifee Mayor and City Council
June 4, 2025
Page
550 of 1361

Resolution of Consideration for Change Proceedings for CFD 2023-2

PASSED, APPROVED AND ADOPTED this the 4th day of June, 2025.

__________________________

Ricky Estrada, Mayor
Attest:

___________________________

Stephanie Roseen, City Clerk

Approved as to form:

___________________________

Jeffrey T. Melching, City Attorney

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 7

Menifee Mayor and City Council
June 4, 2025
Page
551 of 1361

EXHIBIT A

AMENDED AND RESTATED

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO)

OF THE CITY OF MENIFEE
(IMPROVEMENT AREA NO. 1)

A Special Tax (all capitalized terms are defined in Section A, “Definitions” or Section G or “Prepayment of Special Tax”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of CFD No. 2022 -3 IA 1. The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City, acting in its capacity as the legislative body of CFD No. 2022-3 IA 1, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand - alone Residential Unit.

"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2022-3 IA 1: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022 -3 IA 1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-3 IA 1 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2022-3 IA 1 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022 -3 IA 1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022- 3 IA 1 for any other administrative purposes of CFD No. 2022 -3 IA 1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 8

Menifee Mayor and City Council
June 4, 2025
Page
552 of 1361

“Amended and Restated Rate and Method of Apportionment” means this Amended and Restated Rate and Method of Apportionment of Special Taxes.

"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, (ii) and has an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied.

"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

"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 number assigned to an Assessor’s Parcel by the County for purposes of identification.

"Assigned Special Tax" means the Special Tax of that name described in Section D below.

"Backup Special Tax" means the Special Tax of that name described in Section D below.

"Boundary Map" means a recorded map or maps (as amended), of the CFD which indicates the boundaries of the CFD.

"Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax to the Assessor’s Parcel, provided that following such determination the Maximum Special Tax that may be levied in each Fiscal Year on all Assessor’s Parcels of Taxable Property will be at least

1.1 times annual debt service on all outstanding CFD No. 2022-3 IA 1 Bonds plus the estimated annual Administrative Expenses for such Fiscal Year.

"Building Square Footage" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.

"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.

“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement , and providing for the levy and collection of the Special Taxes.

“CFD” or "CFD No. 2022 -3" means Community Facilities District No. 2022 -3 (Legado) established by the City under the Act.

“CFD No. 2022-3 IA 1" means Improvement Area No. 1 of CFD No. 2022-3 as identified on the Boundary Map for CFD No. 2022-3.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 9

Menifee Mayor and City Council
June 4, 2025
Page
553 of 1361

"CFD No. 2022 -3 IA 1 Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any refunding thereof, to which Special Tax of CFD No. 2022-3 IA 1 have been pledged.

“City” means the City of Menifee, State of California.

"City Council" means the City Council of the City of Menifee, acting as the Legislative Body of CFD No. 2022-3 IA 1.

“Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 4285.

"County" means the County of Riverside, State of California.

"Developed Property" means all Assessor’s Parcels: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) for which a Building Permit for new construction was issued on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied.

"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.

"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 Section 4285 that creates individual lots for which Building Permits may be issued without further subdivision.

"Fiscal Year" means the period commencing on July 1 st of any year and ending the following June 30th.

“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2022 -3 IA 1 Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.

“Land Use Category” means any of the categories listed in Tables 1, 2, and 3 of Section D.

"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022 -3 IA 1 in any Fiscal Year on such Assessor’s Parcel.

“Multifamily Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.

"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued or will be issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 10

Menifee Mayor and City Council
June 4, 2025
Page
554 of 1361

"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.

"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.

“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s 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 Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property, or Provisional 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 Assessor’s Parcels of Undeveloped Property, or Provisional Undeveloped Property, as applicable.

"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Sections F.

"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units.

“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 CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this Amended and Restated Rate and Method of Apportionment.

“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.

"Special Tax" means any of the special taxes authorized to be levied within CFD No. 2022-3 IA 1 pursuant to the Act to fund the Special Tax Requirement.

"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding CFD No. 2022-3 IA 1 Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the CFD No. 2022 -3 IA 1 Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, (vi) for debt service on CFD No. 2022 -3 IA 1 Bonds anticipated to be issued, and (vii) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-3 IA 1, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the CFD No. 2022-3 IA 1 Bonds pursuant to the Indenture.

“Tax Zone(s)” means the geographical area(s) within CFD No. 2022 -3 IA 1 identified as Tax Zone 1, Tax Zone 2, or Tax Zone 3 as shown on the Boundary Map.

“Tax Zone 1” means all property located within CFD No. 2022 -3 IA 1 identified on the Boundary Map as Tax Zone 1.

Item Title: 10.6
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“Tax Zone 2” means all property located within CFD No. 2022 -3 IA 1 identified on the Boundary Map as Tax Zone 2.

“Tax Zone 3” means all property located within CFD No. 2022 -3 IA 1 identified on the Boundary Map as Tax Zone 3.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2022 -3 IA 1, which are not Exempt Property.

“Taxable Unit” means either a Residential Unit or an Acre.

“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.

"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.

B. SPECIAL TAX

Commencing Fiscal Year 2025 -2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 2025 -2026, each Assessor’s Parcel within CFD No. 2022-3 IA 1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property shall be further classified as being within Tax Zone 1, Tax Zone 2, or Tax Zone 3.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax rate.

In the event that an Assessor’s Parcel for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the Residential Unit(s) (in accordance with the Final Map or Condominium Plan) on such Assessor’s Parcel, the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax levy for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Assigned Special Tax rates for Developed Property and shall be taxed as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax levy on the Acreage of Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on all other Undeveloped Property multiplied by the total of the amount determined in clause (1), less the amount determined in clause (2).

Item Title: 10.6
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D. MAXIMUM SPECIAL TAX

1. Developed Property

The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Non -Residential or Multifamily Property shall be the applicable Assigned Special Tax described in Table 1, Table 2, and Table 3 of Section D.

a. Assigned Special Tax

Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non -Residential shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1, Table 2, and Table 3 below.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 1
FISCAL YEAR 2025-2026

Land Use Category
Taxable
Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit

1. Single Family Residential Property RU Less than 1,600 sq. ft $2,975

2. Single Family Residential Property RU 1,600 sq. ft to 1,800 sq. ft $2,984

3. Single Family Residential Property RU 1,801 sq. ft to 2,000 sq. ft $3,069

4. Single Family Residential Property RU Greater than 2,000 sq. ft $3,163

5. Multifamily Property Acre N/A $24,449

6. Non-Residential Property Acre N/A $24,449

On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shown in Table 1 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

Item Title: 10.6
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TABLE 2

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 2
FISCAL YEAR 2025-2026

Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit

1. Single Family Residential Property RU Less than 1,900 sq. ft $3,019

2. Single Family Residential Property RU 1,900 sq. ft to 2,100 sq. ft $3,201

3. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $3,264

4. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $3,397

5. Single Family Residential Property RU Greater than 2,500 sq. ft $3,457

6. Multifamily Property Acre N/A $23,433

7. Non-Residential Property Acre N/A $23,433

On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shown in Table 2 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

TABLE 3

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
WITHIN TAX ZONE 3
FISCAL YEAR 2025-2026

Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit

1. Single Family Residential Property RU Less than 1,900 sq. ft $3,019

2. Single Family Residential Property RU 1,900 sq. ft to 2,100 sq. ft $3,201

3. Single Family Residential Property RU 2,101 sq. ft to 2,300 sq. ft $3,345

4. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $3,563

5. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $3,781

6. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. ft $3,907

7. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. ft $4,009

8. Single Family Residential Property RU 3,101 sq. ft to 3,300 sq. ft $4,375

9. Single Family Residential Property RU 3,301 sq. ft to 3,500 sq. ft $4,741

10. Single Family Residential Property RU Greater than 3,500 sq. ft $5,108

11. Multifamily Property Acre N/A $22,363

12. Non-Residential Property Acre N/A $22,363

On each July 1, commencing July 1, 2026, the Assigned Special Tax rate for Developed Property shown in Table 3 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

b. 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 levied on an Assessor’s Parcel shall be the Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 14

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sum of the Maximum Special Tax for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

c. Backup Special Tax

When a Final Map is recorded, the CFD Administrator shall determine which Tax Zone the Final Map area lies within and the Backup Special Tax for an Assessor’s Parcel within the Final Map classified or to be classified as Single Family Property shall be calculated according to the following formula.

B = (U x A) / L

The terms above have the following meanings:

B = Backup Special Tax per Assessor’s Parcel within the Final Map

U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below

A = Acreage of Single Family Residential Property expected to exist in such Final Map at the time of calculation, as determined by the CFD Administrator

L = Number of Residential Units expected to exist in such Final Map at the time of calculation, as determined by the CFD Administrator.

In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be determined by Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX PER ACRE
FISCAL YEAR 2025-2026

Tax Zone
Maximum Special
Tax per Acre
1 $24,449
2 $23,433
3 $22,363

In the event any superseding Final Map is recorded as a Final Map within the Boundaries of CFD No. 2022 -3 IA 1, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be on the rate per Acre shown in Table 4 above. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non-Residential Property.

On each July 1, commencing July 1, 2026, the Backup Special Tax rate shown in Table 4 shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

2. Approved Property

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

Item Title: 10.6
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The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Property or Non -Residential Property shall be $24,449 per Acre for Tax Zone 1, $23,433 per Acre for Tax Zone 2, and $22,363 per Acre for Tax Zone 3.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

3. Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property pursuant to the provisions of Section F

The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $24,449 per Acre for Tax Zone 1, $23,433 per Acre for Tax Zone 2, and $22,363 per Acre for Tax Zone 3 multiplied by the Acreage of such Assessor’s Parcel.

On each July 1, commencing July 1, 2026, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing Fiscal Year 2025 -2026 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Item Title: 10.6
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Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

F. EXEMPTIONS

The City shall classify as Exempt Property, in the following order of priority, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 5 below.

TABLE 5

MINIMUM TAXABLE ACRES

Tax Zone Acres
1 19.82
2 24.32
3 27.44

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 5 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX

The following additional definitions apply to this Section G:
“CFD Public Facilities” means $31,000,000 expressed in 2025 dollars, which shall increase by the Construction Inflation Index on July 1, 2026, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022 -3 IA 1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2022 -3 IA 1 Bonds to be supported by Special Tax levied under this Amended and Restated Rate and Method of Apportionment.

“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible to be financed by CFD No. 2022-3 IA 1.

Item Title: 10.6
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“Construction Inflation Index” means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.

“Future Facilities Costs” means the CFD Public Facilities minus (i) public facility costs previously funded from the Construction Fund, (ii) public facility costs available to be funded through existing construction or escrow accounts funded by the Outstanding Bonds, and minus (iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, provided such amount shall not be less than zero.

“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding CFD No. 2022 -3 IA 1 Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full
The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Provisional Undeveloped Property that are not Exempt Property pursuant to Section F. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non -refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel.

Within 15 days of receipt of such non -refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any CFD No. 2022 -3 IA 1 Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

Item Title: 10.6
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2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, any Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied at the Maximum Special Tax at build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”), but in no event less than zero.

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which CFD No. 2022 -3 IA 1 Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the Item Title: 10.6
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amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments.

The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by CFD No. 2022-3 IA 1.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Outstanding Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied each Fiscal Year on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times annual debt service for such Fiscal Year on the Outstanding Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Outstanding Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Outstanding Bond tenders shall only be allowed on a case -by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((PE – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1 Item Title: 10.6
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F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non -refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non -refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor’s Parcel and that a portion of the Maximum Special Tax obligation equal to the remaining percentage (1.00 - F) of the Maximum Special Tax obligation will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX

For each Fiscal Year that any CFD No. 2022-3 IA 1 Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2069-2070 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022 -3 IA 1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022 -3 IA 1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remains uncollected and (iv) all other obligations of CFD No. 2022-3 IA 1 have been satisfied.

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. 2022 -3 IA 1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES

Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 21

Menifee Mayor and City Council
June 4, 2025
Page
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CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The CFD Administrator shall interpret this Amended and Restated Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 22

Menifee Mayor and City Council
June 4, 2025
Page
566 of 1361

EXHIBIT B

Types of Facilities To Be
Financed By Community
Facilities District No. 2022-3
The proposed types of public facilities and expenses to be financed by the District include:

The construction, purchase, modification, rehabilitation, expansion and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general government facilities, animal shelter facilities, fire and safety, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Eastern Municipal Water District which are included in Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”); (iii) interim and permanent school facilities of Menifee Union School District and Perris Union High School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities”); and (iv) dry utilities (including but not limited to gas, electric, telephone, data, and cable facilities ) the “Utilities” and together, with the City Facilities, the Water District Facilities and the School Facilities, the “Facilities”) and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities , and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 23

Menifee Mayor and City Council
June 4, 2025
Page
567 of 1361

Exhibit C
Petitions

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 24

Menifee Mayor and City Council
June 4, 2025
Page
568 of 1361

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 25

Menifee Mayor and City Council
June 4, 2025
Page
569 of 1361

Item Title: 10.6
Proposed Change Proceedings for Improvement Area No. 1 of Community Facilities District No. 2022-3, Legado Item Page Number: 26

Menifee Mayor and City Council
June 4, 2025
Page
570 of 1361

CITY OF MENIFEE
SUBJECT: Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit
MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Silvano Rodriguez, Human Resources Manager REVIEWED BY: Angela Rivera, Human Resources Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Side Letter of Agreement with the Menifee City Employees’ Association (MCEA) Professional Unit, removing the Assistant City Clerk from the Professional Unit and designating the position as a confidential position; and

2. Adopt a resolution amending the salary and benefits of unrepresented confidential employees to include the Assistant City Clerk position.

DISCUSSION
On August 7, 2024, the City Council adopted Resolution No 24-1464, approving a Memorandum of Understanding (MOU) with the Menifee City Employees’ Association, which included the Assistant City Clerk position within the Professional Unit. Following an internal operational and legal review, the City has determined that the duties of the Assistant City Clerk meet the criteria for reclassification to a confidential designation under the Meyers-Milias-Brown Act (MMBA), which excludes employees with access to confidential labor relations information from representation.

Key responsibilities supporting the confidential designation of the Assistant City Clerk include:
•Access to Confidential Records: The position handles legal records, resolutions, ordinances, and Political Reform Act filings involving confidential financial disclosures. •Assumption of City Clerk Duties: This role assumes responsibility in the absence of the City Clerk, including attending meetings involving sensitive legal discussions. •Oversight and Discretion: Responsible for processing administrative contracts, administering oaths, and ensuring compliance with election laws and public records.

Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 1

Menifee Mayor and City Council
June 4, 2025
Page
571 of 1361

City of Menifee Staff Report
Side Letter - ACC
June 4, 2025

1 8
6 6
•Direct Contact with Leadership: Interacts frequently with elected officials and department heads on sensitive matters.

The Meyers-Milias-Brown Act (MMBA) requires public agencies to meet and confer in good faith with recognized employee organizations regarding wages, hours, and working conditions. The City completed the meet and confer process with MCEA on April 29, 2025, and no objections were raised.

On September 4, 2024, the City Council adopted Resolution No. 24-1493, establishing the salary and benefits of unrepresented confidential employees who are not covered under an approved MOU with a recognized employee labor organization. In addition to the proposed Side Letter of Agreement, a resolution amending the salary and benefits of unrepresented confidential employees is required to integrate the Assistant City Clerk position. There are no changes to the salary or duties, the Assistant City Clerk position would receive the cost-of-living adjustments and other benefits consistent with the Professional Unit.

FISCAL IMPACT
There is no fiscal impact associated with this action, as this agreement does not alter employee wages, benefits, or overall operational costs.

ATTACHMENTS

1. Side Letter of Agreement

2. Confidential Resolution
Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 2

Menifee Mayor and City Council
June 4, 2025
Page
572 of 1361

5 0
7 2
7 SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF MENIFEE
AND
MENIFEE CITY EMPLOYEES’ASSOCIATION – PROFESSIONAL UNIT (MCEA) This Side Letter of Agreement ("Agreement") is entered into by and between the City of Menifee ("City") and the Menifee City Employees Association - Professional Unit ("MCEA") (collectively, the "Parties") with respect to the following:

WHEREAS, the Parties are parties to a Memorandum of Understanding (MOU) governing terms and conditions of employment, which expires on June 30, 2027; and WHEREAS, the Assistant City Clerk position is currently allocated to MCEA’s Professional Unit; and WHEREAS, confidential employees are excluded from representation under the Professional Unit and instead governed by the City’s Confidential Classification Resolution; and WHEREAS, the City has met and conferred with MCEA regarding the reclassification of the Assistant City Clerk position from the MCEA’s Professional Unit to the City’s confidential classification, thereby removing the position from MCEA representation and no objections were raised; and WHEREAS, this change in designation does not result in any modification to the salary, benefits, or duties of the Assistant City Clerk position.

NOW, THEREFORE, the following sets forth the Parties’ Agreement:

1. The Assistant City position shall be removed from MCEA representation and its Professional Unit.

2. The Assistant City Clerk position shall be added to the City’s Confidential Classification Resolution.

3. This change in designation does not result in any modification to the salary, benefits, or duties of the Assistant City Clerk position.

4. Except as expressly modified by this Agreement, all other terms, wages, hours, and conditions of employment as set forth in the MOU shall remain in full force and effect.

This Agreement shall take effect immediately upon City Council approval and the execution by the authorized representatives of both parties.

Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 3

Menifee Mayor and City Council
June 4, 2025
Page
573 of 1361

5 0
7 2
7 CITY OF MENIFEE MENIFEE CITY EMPLOYEES’ ASSOCIATION –

PROFESSIONAL UNIT (MCEA)
By: ________________________________
Armando Villa, City Manager
By: ______________________________
Mary LaPlante, MCEA Labor Representative

APPROVED AS TO FORM
By: ________________________________
Jeffrey T. Melching, City Attorney

Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 4

Menifee Mayor and City Council
June 4, 2025
Page
574 of 1361

1 RESOLUTION NO. 25-____

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

AMENDING THE SALARY AND BENEFITS OF UNREPRESENTED CONFIDENTIAL

EMPLOYEES TO INCLUDE THE ASSISTANT CITY CLERK
WHEREAS, the City of Menifee (“City”) has successfully negotiated a Memorandum of Understanding (“MOU”) for a three-year term commencing on July 1, 2024, with the following bargaining units that represent full-time City employees:
(1) the Menifee City Employees’ Association General Unit; (2) the Menifee City Employees’ Association Professional Unit; and (3) the Menifee City Employees’ Association Mid-Management Unit (collectively, “represented employees”); and
WHEREAS, the City adopted Resolution No. 24-1493, establishing the salary and benefits of unrepresented confidential employees who are not covered under an approved MOU with a recognized employee labor organization, which included classifications in the following departments:
•City Executive Office: Assistant to the City Manager, Management Analyst I/II, Executive Assistant, and Public Information & Legislative Affairs Officer; •Finance Department: Finance Manager (Payroll) and Principal Accountant (Budget); •Human Resources Department: Human Resources Manager, Human Resources Analyst, Human Resources Technician, and Human Resources Assistant; and •Police Department: Executive Assistant (collectively, “confidential employees”); and WHEREAS, confidential employees include those who, in the course of their duties, are (1) privy to decisions of the City Council or management affecting employer-employee relations, or (2) whose duties require access to confidential information contributing significantly to the development of management positions relating to the City’s employer-employee relations, or (3) who routinely handle highly sensitive records and information requiring discretion and confidentiality; and WHEREAS, the Assistant City Clerk routinely handles, prepares, and safeguards sensitive materials, including personnel records, closed session documentation, and legal correspondence, necessitating a high degree of confidentiality and discretion; and WHEREAS, the duties of the Assistant City Clerk involve providing administrative support to the City Clerk in her capacity as the City’s Elections Official, Filing Officer, and Records Manager, including responsibilities that require access to confidential and legally sensitive information; and WHEREAS, based on the nature of the responsibilities assigned and the level of access to confidential matters, the Assistant City Clerk position meets the criteria under applicable labor laws for designation as a confidential, unrepresented employee; and WHEREAS, the City Council of the City of Menifee approved a side letter agreement formally removing the classification of Assistant City Clerk from the Municipal City Employees Association Professional Unit and reclassifying it as an unrepresented confidential position; and WHEREAS, the City Council recognizes the importance of maintaining equitable and competitive employment terms for all City employees, both represented and confidential employees; and Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 5

Menifee Mayor and City Council
June 4, 2025
Page
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Confidential Employee Salary and Benefits
2 5
0 7
2 8
WHEREAS, the City Council wishes to extend the cost-of-living adjustments and other benefits provided in the MOUs for represented employees to the confidential employees as follows:
(1) Confidential employees serving in the Executive Assistant, Human Resources Technician, and Human Resources Assistant classifications shall receive the cost-of- living adjustments and other benefits made available to the Menifee City Employees’ Association General Unit under the three-year MOU commencing on July 1, 2024; and (2) Confidential employees serving in the Assistant City Clerk, Management Analyst I/II and Human Resources Analyst classifications shall receive the cost-of-living adjustments and other benefits made available to the Menifee City Employees’ Association Professional Unit under the three-year MOU commencing on July 1, 2024; and
(3) Confidential employees in the Assistant to the City Manager, Public Information & Legislative Affairs Officer, Finance Manager (Payroll), Principal Accountant (Budget), and Human Resources Manager classifications shall receive the cost-of-living adjustments and other benefits made available to the Menifee City Employees’ Association Mid-Management Unit under the three-year MOU commencing on July 1, 2024; and
WHEREAS, extending these cost of living adjustments and other benefits to confidential employees will support the City’s goal of retaining and attracting highly qualified personnel to serve the community of Menifee.

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

Section 1.The City Council affirms its intent to establish and maintain a Compensation Plan that attracts and retains skilled management, technical, and professional employees, promotes efficiency and economy, and supports the selection, maintenance, and compensation of employees designated herein based on merit, skill, and internal equity for both represented and unrepresented confidential employees.

Section 2.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association General Unit under the three-year MOU commencing on July 1, 2024:

A.Executive Assistant
B.Human Resources Technician
C.Human Resources Assistant
Section 3.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association Professional Unit under the three-year MOU commencing on July 1, 2024:

A.Management Analyst I/II
B.Human Resources Analyst
C.Assistant City Clerk
Section 3.Confidential employees serving in the following classifications shall receive the cost-of- living adjustments and other benefits provided to the Menifee City Employees’ Association Mid- Management Unit under the three-year MOU commencing on July 1, 2024:

A.Assistant to the City Manager
B.Finance Manager (Payroll)
Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 6

Menifee Mayor and City Council
June 4, 2025
Page
576 of 1361

Confidential Employee Salary and Benefits
3 5
0 7
2 8
C.Human Resources Manager
D.Principal Accountant (Budget)
E.Public Information & Legislative Affairs Officer
PASSED, APPROVED, AND ADOPTED this4th day of June 2025. ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Side Letter of Agreement with the Menifee City Employees’ Association Professional Unit Item Page Number: 7

Menifee Mayor and City Council
June 4, 2025
Page
577 of 1361

CITY OF MENIFEE
SUBJECT: Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village
MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving a Joint Community Facilities Agreement with Romoland School District relating to Community Facilities District 2022-2, McLaughlin Village and authorizing its execution.

DISCUSSION
At the September 21, 2022, City Council meeting, the City adopted resolutions authorizing the formation of Community Facilities District No. 2022-2, McLaughlin Village, of the City of Menifee (“CFD” or “CFD 2022-2”). The CFD was formed to finance public facilities within the City of Menifee and the Romoland School District (the “School District”) that benefit the residents within the boundaries of the CFD.

The Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (“The Act”) allows the public agency that formed the CFD to enter into a Joint Community Facilities Agreement (“JCFA”) with another public agency to finance the cost of public facilities necessitated by development within its boundaries. Pursuant to Section 53316.2(b) of the Act, the JCFA may be approved by two or more public agencies prior to the adoption of a resolution authorizing the issuance of bonds.

The proposed JCFA was originally intended to be presented to the City Council for approval in 2022 when the CFD was formed; however, it was inadvertently omitted at that time. The School District has previously approved the JCFA, so all that remains is for the City Council to formally authorize its execution.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 1

Menifee Mayor and City Council
June 4, 2025
Page
578 of 1361

City of Menifee Staff Report
Approval of JCFA with Romoland School District for CFD 2022-2, McLaughlin Village June 4, 2025

2 7
2 2

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact associated with the approval of the JCFA. All payments for school facilities would come from bond proceeds after the CFD bonds are issued. The City is not responsible for payment of principal and interest on the bonds. Special taxes levied on properties within the district would be the source of funds used for those payments.

ATTACHMENTS

1. Resolution Approving JCFA, CFD 2022-2

2. Joint Community Facilities Agreement for CFD 2022-2
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 2

Menifee Mayor and City Council
June 4, 2025
Page
579 of 1361

BARNETT RD

SUN CITY BLVD

MCLAUGHLIN RD

ENCANTO DR
§¨¦215
0 500 1,000250
Feet
CFD Boundary

LOCATION MAP
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (MCLAUGHLIN VILLAGE)

CITY OF MENIFEE
¹
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 3

Menifee Mayor and City Council
June 4, 2025
Page
580 of 1361

CFD 2022-2
·|}þ74
§¨¦15

MENIFEE

LAKE ELSINORE
PERRIS

CANYON LAKE
·|}þ74
§¨¦215

REGIONAL MAP
COMMUNITY FACILITIES DISTRICT NO. 2022-2
(MCLAUGHLIN VILLAGE)
¹
0 1.5 30.75
Miles
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 4

Menifee Mayor and City Council
June 4, 2025
Page
581 of 1361

4911-2946-0026v3/200299-0010
RESOLUTION NO. 25-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING

EXECUTION AND DELIVERY OF A JOINT COMMUNITY FACILITIES AGREEMENT

WITH ROMOLAND SCHOOL DISTRICT RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2022-2 (MCLAUGHLIN VILLAGE) OF THE CITY OF MENIFEE WHEREAS, on September 21, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted a resolution (the “Resolution of Formation”) authorizing the formation of Community Facilities District No. 2022-2 (McLaughlin Village) of the City of Menifee (“Community Facilities District No. 2022-2” or the “District”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, pursuant to Section 53316.2 of the Act, a community facilities district is authorized under the Act to finance facilities to be owned or operated by an entity other than the agency that created the community facilities district pursuant to a joint community facilities agreement; and WHEREAS, the City desires to enter into a Joint Community Facilities Agreement (the JCFA”) with the Romoland School District (the “School District”) and Century Communities of California LLC, a Delaware limited liability company, relating to certain facilities proposed to be financed by the District and to be owned and operated by School District.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Menifee, California, hereby determines and orders as follows:

Section 1. Each of the above recitals is true and correct.

Section 2. The form of the JCFA presented at this meeting is hereby approved and each of the Mayor, the City Manager, the Chief Financial Officer, or their written designees is hereby authorized and directed to execute the JCFA in the form hereby approved, with such additions therein and changes thereto as the officer or officers executing the same deem necessary, with such approval to be conclusively evidenced by the execution and delivery of the JCFA. The City Council hereby finds and determines that the JCFA will be beneficial to the residents of the territories served by the School District and included within the jurisdictional boundaries of the District.

Section 3.This Resolution shall be effective upon its adoption.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 5

Menifee Mayor and City Council
June 4, 2025
Page
582 of 1361

Resolution Approving JCFA for CFD No. 2022-2 (McLaughlin Village) 2 4911-2946-0026v3/200299-0010
5 0
5 9
8 PASSED, APPROVED AND ADOPTED this the 4th day of June, 2025. ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 6

Menifee Mayor and City Council
June 4, 2025
Page
583 of 1361

4862-4176-6460v7/022648-0138
COMMUNITY FACILITIES DISTRICT NO. 2022-2

OF THE CITY OF MENIFEE (MCLAUGHLIN VILLAGE)

JOINT COMMUNITY FACILITIES AND

SCHOOL FACILITIES MITIGATION AGREEMENT

THIS JOINT COMMUNITY FACILITIES AND SCHOOL FACILITIES MITIGATION AGREEMENT (“Agreement”) is made and entered into as of the 4th day of June, 2025, by and among the CITY OF MENIFEE, a general law city (the “City”), the ROMOLAND SCHOOL DISTRICT, a California public school district organized and operating pursuant to the applicable provisions of the California Education Code and the California Constitution (the “School District”) and CENTURY COMMUNITIES OF CALIFORNIA, LLC, a Delaware limited liability company (“Property Owner”).

R E C I T A L S:

A. Property Owner is the owner of certain real property (the “Property”) located within the boundaries of the City and School District, consisting of approximately fifteen (15) gross acres within Assessor’s Parcel No. 331-090-008, located south of McLaughlin Road and west of Interstate 215 in the City (the “Property”), and as more fully described in Exhibit “A” attached hereto. Property Owner intends to develop the Property with approximately 126 homes.

B. The development of the Property will require the payment to School District of all or a part of School Fees (defined below) required to finance School Facilities (defined herein). In lieu of the School Fees, the Mitigation Amount (as defined below) is expected to be paid to School District, in whole or in part, from Bond Proceeds (defined below) of the hereinafter described Community Facilities District (the “CFD”). The City Facilities (as defined herein) and School Facilities are sometimes collectively referred to herein as the “Facilities.” C. Pursuant to Property Owner’s request, the City Council of the City, has formed the hereinafter described Community Facilities District No. 2022-2 (McLaughlin Village) of the City of Menifee (the “CFD”) pursuant to the Act (as defined below) to finance all or a portion of the Facilities.

The City will have responsibility for the formation and administration of the CFD.

D. The City is authorized by Section 53313.5 of the Act to finance, by means of the CFD, the School Facilities. This Agreement constitutes a “joint community facilities agreement” (“JCFA”) within the meaning of Section 53316.2 of the Act by and among the City, School District and Property Owner, pursuant to which the CFD will be authorized to finance the School Facilities. Pursuant to Section 53316.2(b) of the Act, a JCFA may be approved by two or more public agencies prior to the adoption of a resolution authorizing the issuance of bonds. As provided by Section 53316.6 of the Act, responsibility for constructing, maintaining and operating the City Facilities is the City’s to the extent set forth herein and responsibility for constructing, providing and operating the School Facilities is delegated to School District.

E. The provision of the City Facilities and School Facilities is necessitated by the development of the Property, and the Parties hereto find and determine that the residents of the City, School District and CFD will be benefited by the financing of the City Facilities and School Facilities, and that this Agreement is beneficial to the interests of such residents.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 7

Menifee Mayor and City Council
June 4, 2025
Page
584 of 1361

2 4862-4176-6460v7/022648-0138

GENERAL PROVISIONS
Section 1.1 Recitals. The above recitals are true and correct and are hereby incorporated by this reference.

Section 1.2 Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, commencing with California Government Code Section 53311, et seq. (b) “Agreement” means this Joint Communities Facilities and School Facilities Mitigation Agreement.
(c) “Alternative Level 3 Fee” means the school fee authorized to be levied by School District pursuant to Government Code Section 65995.7. (d) “Bond Proceeds” shall mean those net funds generated by the sale of the Bonds. (e) “Bond Resolution” means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance of the Bonds.
(f) “Bonds” shall mean those bonds, or other securities, issued by or on behalf of the CFD, as authorized by the qualified electors within the CFD. (g) “Building Square Feet/Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space in a Unit, as determined by reference to the building permit(s) application for such Assessor’s Parcel. (h) “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
(i) “Certificates of Compliance” means those certificates issued by School District pursuant to Education Code Section 17620(b) to Property Owner certifying that Property Owner has paid the Deposit in order to obtain a building permit for a Unit. (j) “CFD” means Community Facilities District No. 2022-2 (McLaughlin Village) of the City of Menifee.
(k) “City Facilities” means certain City facilities including, but not limited to fire and safety facilities, street, storm drainage, general government and public use facilities, master planning facilities, park facilities, traffic signals, and utility undergrounding necessary to serve the Property.
(l) “COC Credit Amount” means the amount deposited in the School Fee Fund not previously allocated to the mitigation of Units.
(m) “Deposits” shall mean all amounts advanced to School District by Property Owner prior to the issuance and sale of the Bonds, as security for the future payment, with Bond Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 8

Menifee Mayor and City Council
June 4, 2025
Page
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3 4862-4176-6460v7/022648-0138
Proceeds, of the Mitigation Amounts due in connection with Certificates of Compliance issued by School District for Units within the CFD prior to the issuance and sale of the Bonds and the funding of the School Fee Fund.
(n) “Disbursement Request” means a request for payment relating to School Facilities in the form attached hereto as Exhibit “B.”
(o) “Fiscal Year’’ means the period commencing July 1st and ending the following June 30th.
(p) “Level 1 Fee” means the school fee authorized to be levied by School District pursuant to Government Code Section 65995.
(q) “Level 2 Fee” means the school fee authorized to be levied by School District pursuant to Government Code Section 65995.5.
(r) “Mitigation Amount or Amounts” means for each Unit, on the date of calculation, the greater of (i) $10,500, (ii) (a) 150% of the Level 1 Fee or Level 2 Fee then in effect if the Unit is less than 3,000 BSF, (b) 145% of the Level 1 Fee or Level 2 Fee then in effect if the Unit is 3,000 BSF to 3,500 BSF, and (c) 140% of the Level 1 Fee or Level 2 Fee then in effect if the Unit is greater than 3,500 BSF, or (iii) the Alternative Level 3 Fee, if any, then in effect and applicable to Units at the time of the request for Certificates of Compliance for such Units. The Mitigation Amount for Units shall be calculated at the time of the request for Certificates of Compliance for such Units except that the Mitigation Amount funded by the COC Credit Amount shall be calculated as of the date of the sale of the applicable series of Bonds.
(s) “Party” or “Parties” shall mean any one or all of the parties to this Agreement and the CFD.
(t) “Property” means the real property described in Exhibit “A” attached hereto. (u) “Rate and Method” means the individual Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of special taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act. (v) “School Facilities” means those K-8 school sites, preschool facilities, school facilities, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years needed by School District, and also includes costs associated with the maintenance and operation of school facilities in accordance with the Act. (w) “School Fee Fund” means the fund(s), account(s) or sub-account(s) of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution to finance the School Facilities. (x) “School Fees” means those school mitigation fees pursuant to Education Code Section 17620 and Government Code Sections 65995, 65995.5 and 65995.7 required to finance School Facilities.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 9

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(y) “State” means the State of California.
(z) “Special Taxes” means the special taxes authorized to be levied and collected pursuant to the Rate and Method.
(aa) “Unit” means each separate single family detached dwelling unit which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units.

ARTICLE II

FORMATION OF THE CFD AND ISSUANCE OF BONDS
Section 2.1 Formation of the CFD. The City, pursuant to the written request of the Property Owner, initiated proceedings pursuant to the Act for the formation of the CFD, the authorization of the Special Taxes within the CFD and the authorization of Bonds on behalf of the CFD, with the qualified electors approving the levy of the Special Taxes and the sale of the Bonds.

Section 2.2 Mitigation Amount Deposits. Subsequent to the execution of this Agreement and prior to School District’s receipt of Bond Proceeds, Property Owner may obtain Certificates of Compliance for Units within the CFD by posting Deposits equivalent to the Mitigation Amount.

Deposits posted prior to the issuance of Bonds will be held unexpended by School District and then released to Property Owner upon the sale of Bonds to the extent the Mitigation Amounts for such Units (based on the Mitigation Amount in effect at the time the final Certificate of Compliance was issued for each respective Unit) have been satisfied by the deposit of Bond Proceeds in the School Fee Fund. After the issuance of the last series of Bonds (other than Bonds issued for refunding purposes only), to the extent that all Bond Proceeds deposited into the School Fee Fund are not sufficient to satisfy the Mitigation Amounts for all such Units, the portion of the Mitigation Amounts not satisfied with Bond Proceeds shall be retained from the Deposits and used by School District to construct School Facilities.

Section 2.3 Issuance and Sale of Bonds. The City Council of the City, acting as the legislative body of the CFD, may, in its sole discretion, in accordance with its adopted policies, adopt the Bond Resolution and issue the Bonds. Prior to the City Council of the City adopting the Bond Resolution, Property Owner shall notify School District of: (i) the estimated issuance date for the Bonds and (ii) the estimated amount of proceeds to be deposited in the School Fee Fund.

Section 2.4 Bond Proceeds. In the event that the CFD is formed and Bonds are issued, the City, or the CFD (as may be applicable), and Property Owner shall determine the amount of Bond Proceeds to be deposited into the School Fee Fund or any applicable accounts or subaccounts thereof.

As Bond Proceeds are transferred to School District, Property Owner shall receive a credit in the amount transferred against the payment of the Mitigation Amounts. The purpose of this Agreement is to provide a mechanism by which the CFD may levy Special Taxes and issue Bonds to provide a source of funds to finance School Facilities in lieu of the payment of the Mitigation Amounts. In the event that Bond Proceeds, including investment earnings thereon, are not available or sufficient to satisfy the obligation for the Mitigation Amounts for all Units in the CFD, then Property Owner shall remain obligated to make Deposits or pay the Mitigation Amounts to School District as provided in Section

2.5 below.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 10

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Section 2.5 Mitigation Payment Credit Account.
(a) After being notified by Property Owner that Bond Proceeds have been deposited into the School Fee Fund, School District will calculate the COC Credit Amount and establish a credit account (“Credit Account”) in the amount equal to the Bond Proceeds deposited in the School Fee Fund less the total of the Mitigation Amounts for all Units for which Deposits have been made based on the Mitigation Amount in effect at the time such Deposits were made. (b) Once the Credit Account has been established, Property Owner may obtain Certificates of Compliance for Units within the CFD by requesting that School District deduct from the Credit Account the Mitigation Amount for which the Certificate of Compliance is being sought.

In the event that there is an insufficient balance in the Credit Account to cover a request for a Certificate of Compliance, Property Owner may only obtain a Certificate of Compliance by paying the remaining Mitigation Amount in cash.

Section 2.6 Disbursements for School Facilities.
(a) Bond Proceeds of the CFD designated for the funding of School Facilities shall be held by the CFD in the School Fee Fund which shall be invested by the City and earn and accumulate its own interest. In the event that the CFD has deposited Bond Proceeds to the School Fee Fund, the City shall notify the School District and the Property Owner, in writing, as to the amount of Bond Proceeds so deposited and the yield on the Bonds. All interest earnings on amounts in the School Fee Fund shall remain in the School Fee Fund and will be available for disbursement for the funding of School Facilities as described below.
(b) The City shall make disbursements from the School Fee Fund in accordance with the terms of this Agreement and neither the City nor the CFD shall be responsible to the School District for costs incurred by the School District as a result of withheld or delayed payments. (c) The School District agrees that it will request a disbursement of Bond Proceeds only for costs related to the School Facilities that are eligible for financing under the Act. The School District agrees that prior to requesting payment from the CFD it shall review and approve all costs included in its request and will have already paid such costs of School Facilities from its own funds or will disburse such amounts to pay the costs of the School Facilities within five banking days of receipt of funds from the CFD. In the event that the School District does not disburse any Bond Proceeds received for disbursement to third parties within five banking days of receipt, it will trace and remit to the CFD from which such Bond Proceeds were received all earnings, if any, earned by the School District in excess of the yield on the Bonds, from the date of receipt of such Bond Proceeds by the School District to the date of expenditure by the School District of such Bond Proceeds for capital costs of the School Facilities. Such remittance, if any, shall occur on the earlier of the date of expenditure of such Bond Proceeds or each anniversary date of the transfer of such Bond Proceeds from the CFD to the School District. The School District agrees that in processing the above disbursements it will comply with all legal requirements for the expenditure of Bond Proceeds under the Act and the Internal Revenue Code of 1986 and any amendments thereto. As a condition to receiving any proceeds of the Bonds, the School District agrees that it shall provide to the CFD, a certificate confirming the representations contained in this Section 2.6 and such other matters as the CFD may reasonably request upon which the CFD and its bond counsel may rely in connection with the issuance of such Bonds and their conclusion that interest on such Bonds is not included in gross income for federal income tax purposes.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 11

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(d) The School District agrees to maintain adequate internal controls over its payment function and to maintain accounting records in accordance with generally accepted accounting procedures. The School District will, upon request, provide to the CFD and the City its annual financial report certified by an independent certified public accountant and any other documents deemed necessary by the CFD and the City for purposes of calculating the CFD’s arbitrage rebate obligations. The CFD and the City shall have the right to conduct their own audit of the School District’s records related to the expenditure of the Bond Proceeds disbursed to the School District at reasonable times during normal business hours.
(e) From time to time, the School District or Property Owner may submit a Disbursement Request along with adequate supporting documentation to the CFD, for the exact amount of Bond Proceeds to be disbursed to the School District. Upon receipt of an approved Disbursement Request completed in accordance with the terms of this Agreement, the City shall wire transfer (or otherwise pay) such portion of requested funds as are then available for release in the School Fee Fund pursuant to the documents pursuant to which the Bonds are issued to the School District’s bank account, as directed by the School District.
(f) If five (5) years following the issuance of the Bonds, 85% or more of the amount deposited into the School Fee Fund from proceeds of such Bonds have not been expended for federal tax law purposes, the CFD may in its sole discretion transfer such funds to such other account in the sole discretion of the CFD to be used to pay for the costs of eligible public facilities or to the redemption fund to redeem Bonds; provided, however that such funds may be retained in the School Fee Fund beyond such five year period upon the written request of the School District, and delivery by the School District of an opinion of bond counsel that such extension will not affect the exclusion from gross income of interest on such Bonds issued on a tax-exempt basis. City shall provide School District with written notice at least six months prior to making any transfer pursuant to this Section 2.6(f).

Section 2.7 Responsibility for Mitigation Amounts.
(a) The Parties hereto acknowledge and agree that the final responsibility for the payment of the Mitigation Amounts not funded with Bond Proceeds lies with Property Owner. (b) If the amounts derived from Bond Proceeds for School Facilities deposited in the School Fee Fund, including investment earnings thereon, if any, are not sufficient to fund the total cost of the Mitigation Amounts, the Parties hereto agree that all responsibility and liability for the amount of such shortfall shall be and remain with Property Owner, and shall not lie with the CFD, School District, or the City.
(c) School District agrees to utilize or apply funds provided to it by the CFD, in accordance with the Act, the Local Agency Special Tax and Bond Accountability Act (described in Section 4.1 hereof), the requirements of federal tax law compliance with which is necessary in order for interest on the Bonds to be excluded from the gross income of the recipients for federal income tax purposes and other applicable law, and as set forth herein. (d) School District shall indemnify, defend, and hold harmless, the City, CFD and Property Owner, their respective officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of or resulting from the violation by School District of any of Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 12

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the terms of this Agreement of the design, engineering, and construction of the School Facilities and any other facilities constructed with the proceeds of the Mitigation Amounts.

Section 2.8 Mitigation of School Fee Obligations of Development of the Property.

Property Owner and School District agree that payment of the Mitigation Amount to School District with respect to any Unit for which a Certificate of Compliance is requested within the Property, whether with CFD Bond Proceeds or otherwise, shall constitute full mitigation of the obligations due School District in connection with the issuance of a Certificate of Compliance with respect to such Unit.

School District shall have no obligation, responsibility, or authority with respect to the issuance and sale of the Bonds, the Bond Proceeds available to finance the construction of School Facilities, the payment of the principal and interest on the Bonds, or for the levy of the Special Taxes to provide for the payment of principal and interest thereon. The City shall have the sole authority and responsibility for all such matters.

The Parties hereto specifically agree that, except as otherwise provided for in Section 2.4, the liabilities of the CFD, including liabilities, if any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the Bond Resolution, shall not be or become liabilities of School District.

Section 2.9 Waiver of State and Local Funding Credits and Right to Protest. In consideration of School District’s agreement with respect to the Property to accept the Mitigation Amounts as full mitigation of the impact of the students generated by the development of the Property upon the School Facilities, and provided School District does not breach such agreement, Property Owner agrees to waive all past, present and future credit against, or fair share reduction in, Mitigation Amounts based upon State matching funding provided to School District or the proceeds from a District-wide special tax or general obligation bond authorization, or School Facilities Improvement District (“SFID”) bond authorization for school facilities. In addition, Property Owner knowingly waives its right of protest as may be afforded by Government Code Section 66020 or any other provision of law, so long as School District is not in breach of this Agreement..

Section 2.10 Property Owner Advance. Property Owner has deposited with School District the amount of $10,000 to be used to advance fund School District’s costs in entering into and administering the terms of this Agreement. Such advance by Property Owner may be reimbursed, subject to the approval of the City, from the proceeds of the sale of the Bonds, but under no circumstances shall School District be obligated to pay Property Owner from any other source of funds.

Should this Agreement not be approved for any reason, any remaining balance of the amounts advanced by Property Owner pursuant to this Section shall be refunded to Property Owner within ten (10) business days after School District is notified that this Agreement will not be approved.

Section 2.11 Administration of the CFD. The City shall have the power and duty to provide for the administration of the CFD, subject to the terms hereof and the Bond Resolution, including employing and compensating all consultants and providing for the various other administration duties set forth in this Agreement. It is understood and agreed by Parties hereto that School District was not or will not be considered a participant in the proceedings relative to formation of the CFD or the issuance of the Bonds, other than as set forth in this Agreement.

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 13

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ARTICLE III

TERM AND TERMINATION
Section 3.1 Effective Date. This Agreement shall become effective and of full force and effect as of the date (“Effective Date”) it is approved and executed by the Board of Trustees of School District, by Property Owner and the City Council of the City, to be confirmed by the execution hereof by the authorized representatives of the Parties hereto.

ARTICLE IV

ADDITIONAL GENERAL PROVISIONS
Section 4.1 Recordkeeping; Inspection of Records. School District hereby agrees to keep and maintain full and accurate records of all amounts, if any, paid to School District for Mitigation Amounts and investment earnings thereon and the City or the CFD, or the Fiscal Agent on their behalf, hereby agrees to keep and maintain full and accurate records of all amounts, and investment earnings, if any, disbursed to School District from the School Fee Fund. Each Party further agrees to make such records available to any other Party hereto, including Property Owner, during normal business hours upon reasonable prior notice. All such records shall be kept and maintained by the appropriate Party as provided by applicable law and their respective policies. School District and Property Owner agree that they will cooperate with the CFD and the City in providing documentation, reports or other data reasonably required and requested by the City or the CFD in meeting the reporting requirements of the CFD under Sections 50075.1, 50075.3, and 50075.5 and Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of, the Government Code (collectively, the “Local Agency Special Tax and Bond Accountability Act”). School District’s reporting obligations pursuant to this Section shall be limited to providing reports or other data detailing the following: (A) the amount of CFD funds received by School District to fund School Facilities, (B) the amount of such CFD funds deposited in separate funds or accounts of School District reflecting Mitigation Amounts and the number of dwelling units for which such Mitigation Amounts apply, and (C) School Facilities that have been acquired or constructed, in whole or in part, with CFD funds. School District’s reporting obligation shall terminate when all CFD funds have been disbursed from the School Fee Fund, or from any account or subaccount thereof that has been allocated Bond Proceeds to finance Mitigation Amounts, and School District has provided to the City a report for the last disbursement received by School District. If no CFD funds have been received by School District or used to finance School Facilities since the previous report, no report shall be required and the City may rely upon the previous reports.

Section 4.2 Indemnification.
(a) The City agrees to indemnify, defend and hold harmless School District, and its officers, employees and agents, and each and every one of them, from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorneys’ fees and court costs which the School District, or its officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from School District, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of the acquisition, construction, installation, operation, maintenance or utilization of the City Facilities, the issuance of the Bonds and/or the formation or administration of the CFD. If the City fails to do so, School District shall have the right, but not the obligation, to defend the same and Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 14

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charge all of the direct and incidental costs of such defense, including any attorneys’ fees or court costs, to and recover the same from the City.

No indemnification is required to be paid by the City for any claim, loss or expense arising from the willful misconduct or negligence of the School District, or its officers, employees or agents. (b) Property Owner agrees to indemnify, defend and hold harmless the City, the CFD and the School District, and their respective officers, employees and agents, and each and every one of them, from and against any and all claims, losses, expenses, suits actions, decrees, judgments, awards, attorneys’ fees and court costs which the City, the CFD or the School District, or their respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, the CFD or the School District, or their respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of any act or omission of Property Owner with respect to this Agreement, the formation of the CFD or the use of the Bond funds. If Property Owner fails to do so, the City, the CFD and the School District shall have the right, but not the obligation, to defend the same and charge all of the direct and incidental costs of such defense, including any attorneys’ fees or court costs, to and recover the same from Property Owner.

No indemnification is required to be paid by Property Owner for any claim, loss or expense arising from the willful misconduct or negligence of the City (if indemnification is sought by the City), the CFD (if indemnification is sought by the CFD) or the School District (if indemnification is sought by the School District), or their respective officers, employees or agents (if indemnification is sought thereby).

Section 4.3 Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 4.4 Successors and Assigns. Property Owner may assign its rights pursuant to this Agreement to a purchaser of the Property, or any portion thereof, and such purchaser and assignee shall assume the obligations of Property Owner pursuant to this Agreement and to be bound thereby.

This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto.

Section 4.5 Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any Party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office registered or certified, postage prepaid, addressed as follows:

City: City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: Chief Financial Officer
School District: Romoland School District
25900 Leon Road
Homeland, California 92548
Attention: Superintendent
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 15

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With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Bradley R. Neal, Esq.

Property Owner: Century Communities of California, LLC
4695 MacArthur Court, Suite 300
Newport Beach, California 92660
Attention: Brian Taylor
Each Party can change its address for delivery of notice by delivering written notice of such change of address to the other Parties within ten (10) calendar days prior to such change.

Section 4.6 Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement.

Section 4.7 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts made and performed in said State.

Section 4.8 Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement.

Section 4.9 Amendments. This Agreement may be amended or modified only in writing executed by the authorized representative(s) of each of the Parties hereto.

Section 4.10 Waiver. The failure of any Party hereto to insist on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver constitute a relinquishment of any other right or power for all or any other times.

Section 4.11 Cooperation and Execution of Documents. The Parties hereto agree to complete and execute any further or additional documents which may be necessary to complete or further the terms of this Agreement.

Section 4.12 Attorneys’ Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys’ fees.

Section 4.13 Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference.

Exhibit Description
“A” Property Description
“B” Disbursement Request Form
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 16

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Section 4.14 Signatories. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign.

Section 4.15 Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. [Signatures on following page]
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 17

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IN WITNESS WHEREOF, the Parties hereto have executed this Joint Community Facilities and School Facilities Mitigation Agreement as of the day and year written above.

CITY OF MENIFEE, a political subdivision of the
State of California
By:

Armando G. Villa, City Manager
ATTEST:

By:

Stephanie Roseen, City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY OF THE CITY OF MENIFEE
By:

Jeffrey T. Melching, City Attorney
(SIGNATURE PAGES CONTINUE ON NEXT PAGE)
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 18

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Property Owner: CENTURY COMMUNITIES OF CALIFORNIA,
LLC, a Delaware limited liability company
By: Justin Brewer
Its: Authorized Signor
(SIGNATURE PAGES CONTINUE ON NEXT PAGE)
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 19

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ROMOLAND SCHOOL DISTRICT
By:

Superintendent
ATTEST:

By
Clerk of the Board of Trustees
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 20

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EXHIBIT “A”

PROPERTY DESCRIPTION
Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 21

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EXHIBIT “B”

DISBURSEMENT REQUEST FORM

1. Community Facilities District No. 2022-2 of the City of Menifee (McLaughlin Village) (“CFD No. 2022-2”) is hereby requested to pay from the School Fee Fund, or any applicable account or subaccount thereof, established by CFD No. 2022-2 in connection with its Special Tax Bonds (the “Bonds”) to Romoland School District (“Romoland”), as payee, the sum set forth below:
$__________ (the “Requested Amount”)

2. The Requested Amount is due and payable, has not formed the basis of any prior request or disbursement and is being made with respect to the obligation of the Property to pay Mitigation Amounts to MUSD.

3. The Requested Amount is authorized and payable pursuant to the terms of that certain Joint Community Facilities Agreement, dated as of __________, 2023, by and among the City of Menifee, Romoland School District, Century Homes of California, LLC, a Delaware limited liability company (the “JCFA”).

4. Capitalized undefined terms used herein shall have the meanings ascribed to them in the JCFA.

Date: CENTURY HOMES OF CALIFORNIA, LLC, a
Delaware limited liability company
By:

Its: Authorized Signatory
Date: ROMOLAND SCHOOL DISTRICT
By:

Its:

Item Title: 10.8
Agreement with Romoland School District for Community Facilities District 2022-2, McLaughlin Village Item Page Number: 22

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June 4, 2025
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services
MEETING DATE: June 4, 2025
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
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award a bid and authorize the City Manager to execute a Professional Services Agreement with American Forensic Nurses, Inc. for forensic phlebotomy services in a total not-to-exceed amount of $150,000 through June 30, 2030; and

2. Authorize the Finance Department to issue individual purchase orders against the agreements.

DISCUSSION
Since the inception of the Menifee Police Department, contracts have been maintained for forensic phlebotomy services. These services include sample draws, sexual assault kits, and DUI checkpoint staffing. The services requested provide the Police Department staff with documentation and backup credentials to charge certain cases. As the department grows, and more grant enforcement operations are authorized, the need for these services has increased.

On March 12, 2025, the City of Menifee issued Request for Qualifications (RFQ) No. 2025-12 for Forensic Phlebotomy Services. The solicitation invited responses from qualified firms with demonstrated expertise in forensic and phlebotomy services including blood and urine draws, and court testimony when needed. Proposals were due by April 14, 2025. The City received one submission from the following vendor: American Forensic Nurses, Inc.

The Finance Department contacted vendors who failed to submit a response to the RFP to ensure that their decision not to submit does not constitute a need to re-issue the RFP. The reasons given for failure to submit a bid included:
•Missing the deadline
Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 1

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June 4, 2025
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City of Menifee Staff Report
Bid Award and Agreements with American Forensic Nurses, Inc. for Forensic Phlebotomy Services
June 4, 2025

2 7
1 4
•Not having staffing located in the area
•The RFP not being a good fit for their company
•The vendor would have liked a longer period of time to respond An evaluation committee consisting of key City personnel from the Police Department conducted a detailed review of the written proposal received based on the RFP requirements. American Forensic Nurses, Inc. was deemed by all three raters to meet the requirements of the RFP. This vendor is currently under a contract with the City for these services with an expiration date of June 30, 2025.

Contracts for professional services are awarded based on the demonstrated competence and professional qualifications of the contractor, along with the fairness and reasonableness of the cost. Cost alone is not the determining factor. This selection process ensures that the City partners with highly qualified vendors who possess the specialized skills necessary to meet the operational and safety needs of law enforcement, while also serving the best interests of the community.

The amount of the proposed contract exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The total fiscal impact of the proposed agreement is a not-to-exceed amount of $150,000 across all contract terms. The budget for a portion of the agreement is included in the proposed budget for Fiscal Year (FY) 2025/2026, under Professional Services within the General Fund (1100-MPD- 652800). Funding for the future fiscal years (FY 2026/2027, FY 2027/2028, FY 2028/2029, and FY 2029/30) would be budgeted as part of the respective year’s budget. No additional budget appropriation(s) is required.

TABLE 1 – PROPOSED AMOUNT PER FISCAL YEAR
Fiscal Year Proposed Budget
FY 2025/2026 $25,000
FY 2026/2027 $27,500
FY 2027/2028 $30,000
FY 2028/2029 $32,500
FY 2029/2030 $35,000
TOTAL $150,000
If the contracted cost limit is reached during any term of the agreement, no additional work would be authorized or performed without formal approval from the City Council to amend the agreement and increase the not-to-exceed amount. The Menifee Police Department will monitor expenditures Item Title: 10.9
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closely and coordinate with the City’s Finance Department to ensure compliance with contract limits.

ATTACHMENTS

1. Agreement- American Forensic Nurses, Inc.

Item Title: 10.9
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

FORENSIC PHLEBOTOMY SERVICE
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and AMERICAN FORENSIC NURSES, INC, a California corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2025 and shall end on June 30, 2030 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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

Item Title: 10.9
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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) 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 shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Item Title: 10.9
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Invoices shall be submitted to:

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

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

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

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

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

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

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

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

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 6

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SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

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

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 7

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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 8

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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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

FORENSIC PHLEBOTOMY SERVICE. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 9

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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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.

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 10

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SECTION 5. INDEMNIFICATION.

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

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

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

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

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 11

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 12

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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

Item Title: 10.9
Bid Award and Agreement with American Forensic Nurses, Inc. for Forensic Phlebotomy Services Item Page Number: 13

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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the Item Title: 10.9
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

Item Title: 10.9
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

Item Title: 10.9
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing Item Title: 10.9
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Christian Dumpit, (“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, Christine Booker, Budget and Grant 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:

AMERICAN FORENSIC NURSES, INC
Attn: Christian Dumpit, COO
P.O Box 1625
La Quinta, CA 92247
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Christine Booker, Budget and Grant 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.

Item Title: 10.9
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

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

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

10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

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

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Item Title: 10.9
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.9
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Christian Dumpit, COO

Christian Dumpit, 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 FORENSIC PHLEBOTOMY SERVICES in the amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) as further detailed in the following page(s).

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SCOPE OF SERVICES
•Contractors will perform the following services on an on-call basis:
oBlood Withdrawal
oUrine collection
oDry Run (blood and exposure)
oOfficer Exposure
oDry Run (officer exposure)
oSuspect Rape Kit
oDry Run (rape kit)
oDUI Check Point staffing
oCourt Testimony
•As part of the Services, Contractor will prepare and deliver the following tangible work products to the City:
oBlood Vials
oSupplies: Contractor will supply their own equipment and collection containers. These items must meet medical standards and evidence standards for submission in a court of law.
•Contractor must perform all on-call Services in accordance with the following requirements:
oThis shall be provided through the issuance of service slips. All tasks shall be carried out in conformity with all provisions of this Agreement. oMake every reasonable effort to arrive at locations in 30 minutes. •Contractor will utilize the following personnel to accomplish the Services:
oLicensed Phlebotomist
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CITY OF MENIFEE
SUBJECT: Agreement Amendments for the Capital Improvement Program Division of the Public Works Department
MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst II
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 amendments with T.Y. Lin International, RTM Engineering Consultants, Inc., Parsons, Cardinal Environmental Consultants, Inc., Bucknam Infrastructure Group, Inc., and Bureau Veritas Technical Assessment, LLC, extending the terms of service for various Professional Services Agreements supporting the Capital Improvement Program Division of the Public Works Department.

DISCUSSION
The Capital Improvement Program (CIP) Division of the Public Works Department is responsible for the review and delivery of projects in a timely and cost-effective manner. In order to do this, the CIP division utilizes professional service agreements (“agreements”) to support staff in processing more technical and specialized elements of project delivery. These services include, but are not limited to, various aspects of plan review, architectural and design support, environmental assessment, project inspection, and construction management services.

Due to the nature of project delivery, there are instances when agreements for professional services must be extended beyond their original terms to allow for the scope of services to be completed. This is necessary due to project tasks that may be delayed by circumstances outside of the City’s control which often include complying with external regulatory agency requirements or project material delivery and utility coordination delays. Staff have determined a need to extend the terms of several existing agreements for the reasons stated above. Details for each of the attached proposed agreement amendments are provided below. The following projects are in various phases of activity and are ongoing, requiring extension of terms to ensure the scope of work is fulfilled by the respective firms.

Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 1

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1.CIP 13-03 Holland Road/I-215 Overcrossing Project – Professional Environmental and Civil Engineering Services Agreement with T.Y. Lin International The construction phase is nearing completion. The contractor is completing punchlist items and submitting required closeout documents and as-builts. T.Y. Lin is tasked to compile this information and submit it to Caltrans and the City for review and approval prior to final project acceptance. The project closeout phase is estimated to take approximately four months.

Amendment No. 8 would allow the additional time required to complete the closeout tasks.

The proposed amendment is for term extension only and would not increase the total not-to- exceed amount of the agreement, as outlined in Table 1 below.

TABLE 1 – T.Y. LIN INTERNATIONAL AGREEMENT HISTORY
Date Approved Amount Scope Contract Term
Original PSA 6/14/2014 $1,766,130
Architectural &
Engineering
Services
6/30/2019
Amendment No. 1 4/14/2016 $95,100
Addition of noise
mitigating walls to
conceptual design
plans, additional
utility coordination
N/A
Amendment No. 2 7/18/2018 $276,960
Revise plans per
SCE and Caltrans,
update all plans to
latest Caltrans
standards
N/A
Amendment No. 3 5/01/2019 Term Only N/A 12/31/2023
Amendment No. 4 9/01/2021 $280,928
Address extensive
plan comments
from regulatory
agencies
N/A
Amendment No. 5 5/4/2022 $77,390 Revise water
plans per EMWD N/A
Amendment No. 6 10/11/2023 $75,159
Revise plans due
to unforeseen
utility conflicts
12/31/2024
Amendment No. 7 11/20/2024 $15,000
Revise civil &
electrical (utility)
plans for
Holland/Hanover
intersection
6/30/2025
Amendment No. 8 PENDING TERM ONLY N/A 12/31/2025

2.CIP 23-02 Goetz Road/Vista Way Traffic Signal Project – Civil Design Services Agreement with RTM Engineering Consultants, Inc. (“RTM”) Construction is anticipated to begin on this project in January 2026. Additional design efforts are needed to relocate the traffic signal cabinet, support utility coordination, and revise the final plans and specifications to complete the final design. Amendment no. 2 would allow for the additional time required to complete the full scope of the design phase. The proposed Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 2

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amendment is for term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 2 below.

TABLE 2 – RTM AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 2/15/2023 $117,094 Civil Design
Services 6/30/2024
Amendment No. 1 2/15/2023 $22,840
Add bidding &
construction
phase support
6/30/2025
Amendment No. 2 PENDING TERM ONLY N/A 6/30/2026

3.CIP 23-12 Menifee Road Widening – Scott Road to Garbani Road Project – Environmental and Civil Design Services Agreement with Parsons Unknown conditions including driveways encroaching on the City’s right-of-way (ROW), additional utility conflicts, and extensive ROW coordination have occurred resulting in a project timeline delay. The additional items require extensive coordination and design.

Amendment no. 2 would allow the additional time required to complete the full scope of the design phase. The proposed amendment is for a term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 3 below.

TABLE 3 – PARSONS AGREEMENT HISTORY
Date
approved Amount Scope Contract
Term
Original PSA 7/19/2023 $974,310 Environmental & Civil
Design Services 6/30/2025
Amendment No. 1 4/2/2025 $309,065
Additional ROW
engineering/acquisition and
environmental support
N/A
Amendment No. 2 PENDING TERM ONLY N/A 6/30/2027

4.CIP 23-13 Cherry Hills Facility Improvements Ph. I Project – Haz-mat Management Services Agreement with Cardinal Environmental Consultants, Inc. (“Cardinal”) Cardinal was contracted to perform management and inspection services for the hazardous material removal. The hazardous materials abatement Contract Services Agreement was only recently awarded to Integrated Demolition and Remediation, Inc. IDR) on May 7, 2025 by City Council. Amendment no. 1 would allow the additional time required to complete the full scope of the Cardinal’s Agreement following IDR’s completion of abatement services. The proposed amendment is for a term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 4 below.

TABLE 4 – CARDINAL AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 7/9/2024 $11,500
Haz-Mat
Management
Services
6/30/2025
Amendment No. 1 PENDING TERM ONLY N/A 6/30/2026
Item Title: 10.10
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5.CIP 24-23 Pavement Management Program Update – Engineering Services Agreement with Bucknam Infrastructure Group, Inc. (“Bucknam”)
The project is in the final phase for the Consultant to generate the final report. The proposed amendment is for a term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 5 below.

TABLE 5 – BUCKNAM AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 9/18/2024 $169,403 Engineering
Services 6/30/2025
Amendment No. 1 PENDING TERM
ONLY N/A 6/30/2026

6.CIP 24-24 Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update – Engineering Services Agreement with Bureau Veritas Technical Assessment, LLC (“Bureau Veritas”)
Amendment no. 1 is required to allow for the completion of the engineering site survey and compilation of survey findings into a final report. The proposed amendment is for a term extension only and would not increase the total not-to-exceed amount of the agreement, as outlined in Table 6 below.

TABLE 6 – BUREAU VERITAS AGREEMENT HISTORY
Date approved Amount Scope Contract Term
Original PSA 9/25/2024 $249,776.56 Engineering
Services 6/30/2025
Amendment No. 1 PENDING TERM
ONLY N/A 6/30/2026
Pursuant to Menifee Municipal Code §3.12.090, any change orders in the amount greater than 10% of the contract amount or that exceeds $25,000 in value, and any time extension of a performance deadline that exceeds 60 days, shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There are no fiscal impacts associated with approval of the proposed amendments for term extensions presented above.

ATTACHMENTS

1. Amendment No. 8 – T.Y. Lin for CIP 13-03

2. Amendment No. 2 – RTM for CIP 23-02

3. Amendment No. 2 – Parsons for CIP 23-12

4. Amendment No. 1 – Cardinal for CIP 23-13
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 4

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5. Amendment No. 1 – Bucknam for CIP 24-23

6. Amendment No. 1 – Bureau Veritas for CIP 24-24
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 5

Menifee Mayor and City Council
June 4, 2025
Page
630 of 1361

AMENDMENT NO. 8 TO

PROFESSIONAL SERVICES AGREEMENT

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 OVERCROSSING PROJECT, CIP 13-03
AMENDMENT NO. 8 TO

PROFESSIONAL SERVICES AGREEMENT

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 OVERCROSSING PROJECT, CIP 13-03
This is Amendment No. 8 (“Amendment 8”) to that certain Professional Services Agreement (“Agreement”) made on April 16, 2014 between the City of Menifee (“City”) and T.Y.

LIN INTERNATIONAL (“Consultant”) for ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 OVERCROSSING PROJECT, CIP #13-03 as amended by that certain Change Order to the Agreement entered into on April 14, 2016 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on July 18, 2018 (“Amendment No. 2”), as amended by that certain Amendment No. 3 entered into on May 1, 2019 (“Amendment No. 3”), as amended by that certain Amendment No. 4 entered into on September 1, 2021 (“Amendment No. 4”), as amended by that Amendment No. 5 entered into on May 4, 2022 (“Amendment No. 5”), as amended by that certain Amendment No. 6 entered into on October 11, 2023 (“Amendment No. 6”), as amended by that certain Amendment No. 7 entered into on November 20, 2024 (“Amendment No. 7”), which this Amendment No. 8 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 8 shall have the meanings ascribed to them in the Agreement.

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

1.1 Term of Services. The term of this Agreement shall begin on the April 16, 2014 and shall end on December 31, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 8 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 6

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 8 TO

PROFESSIONAL SERVICES AGREEMENT

ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 OVERCROSSING PROJECT, CIP 13-03
CITY OF MENIFEET.Y. LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Dan Fitzwilliam, Bridge Sector Manager- Southwest, Vice President
Attest: ________________________________
Jim Rucker, Vice President, Roads and
Highways Operations Manager
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 7

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENTS
(CIVIL DESIGN SERVICES)
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENTS
(CIVIL DESIGN SERVICES)
This is Amendment No. 2 (“Amendment No 2”) to that certain Professional Services Agreement (“Agreement”) made on February 15, 2023 between the City of Menifee (“City”) and RTM ENGINEERING CONSULTANTS, LLC for CIP 23-02 GOETZ ROAD/VISTA WAY TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS (CIVIL DESIGN SERVICES), as amended by that certain Amendment No. 1 entered into on June 19, 2024 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2. 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 February 15, 2023 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 8

Menifee Mayor and City Council
June 4, 2025
Page
633 of 1361

CITY OF MENIFEE RTM ENGINEERING CONSULTANTS, LLC

_______________________________ _______________________________ Armando G. Villa, City Manager Amir Fallahi, Principal Attest: ________________________________

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 9

Menifee Mayor and City Council
June 4, 2025
Page
634 of 1361

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-12 MENIFEE ROAD WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL &

CIVIL DESIGN SERVICES)
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-12 MENIFEE ROAD WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL &

CIVIL DESIGN SERVICES)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on July 19, 2023 between the City of Menifee (“City”) and PARSONS for CIP 23-12 MENIFEE ROAD WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL & CIVIL DESIGN SERVICES), as amended by that certain Amendment No. 1 entered into on April 2, 2025 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No.2 shall have the meanings ascribed to them in the Agreement.

2. 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 19, 2023 and shall end on June 30, 2027 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

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

Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 10

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-12 MENIFEE ROAD WIDENING PROJECT (PROFESSIONAL ENVIRONMENTAL &

CIVIL DESIGN SERVICES)

CITY OF MENIFEE PARSONS

_______________________________ _______________________________ Armando G. Villa, City Manager Chris Johnson, Vice President Attest: ________________________________
Paul Walker, Vice President

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 11

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS (HAZ-MAT MANAGEMENT

SERVICES)
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS (HAZ-MAT MANAGEMENT

SERVICES)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on July 9, 2024 between the City of Menifee (“City”) and CARDINAL ENVIRONMENTAL CONSULTANTS, INC. for CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS (HAZ-MAT MANAGEMENT SERVICES), which this Amendment No. 1 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No.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, 2024 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 12

Menifee Mayor and City Council
June 4, 2025
Page
637 of 1361

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS (HAZ-MAT MANAGEMENT

SERVICES)

CITY OF MENIFEE CARDINAL ENVIRONMENTAL CONSULTANTS, INC

_______________________________ _______________________________ Armando G. Villa, City Manager Ronald McDaniel, President Attest: ________________________________
Kade McDaniel, CFO

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 13

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-23 PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
(PROFESSIONAL ENGINEERING SERVICES)
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-23 PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
(PROFESSIONAL ENGINEERING SERVICES)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on September 18, 2024 between the City of Menifee (“City”) and BUCKNAM INFRASTRUCTURE GROUP, INC. for CIP 24-23

PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE (PROFESSIONAL
ENGINEERING SERVICES), which this Amendment No. 1 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 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 October 2, 2024 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8.

The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 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: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 14

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-23 PAVEMENT MANAGEMENT PROGRAM (PMP) UPDATE
(PROFESSIONAL ENGINEERING SERVICES)
CITY OF MENIFEE BUCKNAM INFRASTRUCTURE GROUP, INC.

_______________________________ _______________________________ Armando G. Villa, City Manager Peter Bucknam, President Attest: ________________________________
Peter Bucknam, Secretary

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 15

Menifee Mayor and City Council
June 4, 2025
Page
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-24 ADA SELF EVALUATION AND TRANSITION PLAN (PROFESSIONAL

ENGINEERING SERVICES)
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-24 ADA SELF EVALUATION AND TRANSITION PLAN (PROFESSIONAL

ENGINEERING SERVICES)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on September 25, 2024 between the City of Menifee (“City”) and BUREAU VERITAS TECHNICAL ASSESSMENT, LLC (BUREAU VERITAS), for CIP 24-24 ADA SELF EVALUATION AND TRANSITION PLAN (PROFESSIONAL ENGINEERING SERVICES), which this Amendment No. 1 is made and entered into on ______________, 2025 to extend the term of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 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 October 2, 2024 and shall end on June 30, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8.

The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

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

4. This Amendment No. 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: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 16

Menifee Mayor and City Council
June 4, 2025
Page
641 of 1361

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 24-24 ADA SELF EVALUATION AND TRANSITION PLAN (PROFESSIONAL

ENGINEERING SERVICES)

CITY OF MENIFEE BUREAU VERITAS TECHNICAL ASSESSMENT,

LLC (BUREAU VERITAS)

_______________________________ _______________________________ Armando G. Villa, City Manager Erik Piller, SVP Attest: ________________________________
Matt Munter, EVP

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Agreement Amendments for the Capital Improvement Program Division of the Public Works Department Item Page Number: 17

Menifee Mayor and City Council
June 4, 2025
Page
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CITY OF MENIFEE
SUBJECT: Agreement Amendments with Spicer Consulting Group and Stradling Yocca Carlson and Rauth for Bonded Community
Facilities District Formation and Consulting Services
MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group for bonded Community Facilities District (CFD) formation services and bond issuance services, increasing the amount by $500,000, and extending the agreement terms through June 30, 2027; and

2. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Stradling Yocca Carlson & Rauth for bonded CFD bond counsel services, increasing the amount by $420,000 and extending the agreement terms through June 30, 2027.

DISCUSSION
Since the fall of 2019, the City has been working with several developers interested in financing necessary infrastructure improvements through the establishment of CFDs. New public infrastructure that directly benefits properties within the boundaries of each district can be financed through the issuance of CFD debt in the form of municipal bonds.

After a competitive Request for Proposals (RFP) process initiated in Fiscal Year (FY) 2021/22, the City Council awarded agreements for FYs 2023/24 and 2024/25 to Spicer Consulting Group (Spicer) for special tax consultation (formation and bond sale services), and Stradling Yocca Carlson & Rauth (Stradling) for advisory counsel services (formation and bond sale counsel services). Both firms have extensive experience providing the respective services to municipalities.

The agreement terms stated in the original agreement were for two years, with an option to extend Item Title: 10.11
Agreement

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Group

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Stradling

Yocca

Carlson

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Rauth

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Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 1

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June 4, 2025
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City of Menifee Staff Report
FY 2025/26 & 2026/27 Bonded CFDs Formation and Consulting Services Agreements June 4, 2025

2 7
2 3
both agreements for an additional two years. The proposed amendments would extend the terms of service through FY 2026/27, allocating $250,000 for Spicer and $210,000 for Stradling per fiscal year.

TABLE 1 – SPICER AGREEMENT HISTORY
Date
approved
FYs
2023/2024 &
2024/2025
FYs
2025/2026 &
2026/2027
Contract Term
Original PSA 7/19/2023 $500,000 6/30/2025
Amendment No. 1 PENDING $500,000 6/30/2027
Total $500,000 $500,000
TABLE 2 – STRADLING AGREEMENT HISTORY
Date
approved
FYs
2023/2024 &
2024/2025
FYs
2025/2026 &
2026/2027
Contract Term
Original PSA 7/19/2023 $420,000 6/30/2025
Amendment No. 1 PENDING $420,000 6/30/2027
Total $420,000 $420,000

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact of the two proposed amendments with Spicer and Stradling is for a not-to- exceed amount of $920,000 for the two fiscal years. Expenses associated with these services, as well as any applicable administrative expenses, are fully reimbursable with no impact on the General Fund. Formation costs are able to be charged against deposits from the respective developers of each proposed CFD. Bond issuance costs will be reimbursed from the bond proceeds.

ATTACHMENTS

1. Amendment No. 1 – Spicer

2. Original Agreement – Spicer

3. Amendment No. 1 – Stradling

4. Original Agreement – Stradling
Item Title: 10.11
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Rauth

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Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 2

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June 4, 2025
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on July 19, 2023, between the City of Menifee (“City”) and SPICER CONSULTING GROUP (“Consultant”) for BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES, which this Amendment No. 1 is made and entered into on JUNE 4, 2025, to extend the term of services and 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 July 1, 2023, and shall end on June 30, 2027, 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 FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000) PER FISCAL YEAR (July 1 – June 30) for a cumulative total of ONE MILLION DOLLARS AND ZERO CENTS ($1,000,000.00) 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.

4. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

SCOPE OF SERVICES
Item Title: 10.11
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Item Page Number: 3

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June 4, 2025
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES
Consultant shall provide BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES in the amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000) PER FISCAL YEAR (July 1 – June 30) for a cumulative total of ONE MILLION DOLLARS AND ZERO CENTS ($1,000,000.00) as further detailed in the following page(s).

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

6. 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.

CITY OF MENIFEE SPICER CONSULTING GROUP
_______________________________ _______________________________ Armando G. Villa, City Manager Shane Spicer, Managing Director Attest: ________________________________
Shane Spicer, Managing Director
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.11
Agreement

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Facilities District Formation and Consulting Services
Item Page Number: 4

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June 4, 2025
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2671/031858-0001
7630421.2 a05/18/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

BONDED CFD FORMATION SERVICES & BOND ISSUANCE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SPICER CONSULTING GROUP, a California 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, 2023 and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

1.4 Time. Consult ant 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: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB 19 July
Item Title: 10.11
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2671/031858-0001
7630421.2 a05/18/23 -2-

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 TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000) PER YEAR AND TOTAL OF FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) 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 bet ween 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.

Invoices shall be submitted to:

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
Agreement

Amendments

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Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 6

Menifee Mayor and City Council
June 4, 2025
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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 within sixty (60) da ys 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 c ompensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant f or 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: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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Facilities District Formation and Consulting Services
Item Page Number: 7

Menifee Mayor and City Council
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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 com mence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
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’ errors and omissions.

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the 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.

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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 r equired 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 sh ow the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

BONDED CFD FORMATION SERVICES & BOND ISSUANCE 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 a utomobiles 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 vol unteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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insured retentions with respect t o City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing i nsurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under st atute, 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: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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, includi ng 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 or active negligence. The provisions of this Se ction 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the 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, 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 contributio n to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the S ervices required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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 require d 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 defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licens es, 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.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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 sha ll have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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.

9.2 Licensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of e xpression, 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 regular business hours, upon oral or written reques t 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 re quest of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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 attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought f or 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 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 Shane Spicer (“Consultant’s Representative”). The Consultant’s Representat ive 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, Lauri Lockwood, Financial 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:

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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SPICER CONSULTING GROUP
Attn: Shane Spicer
41619 MARGARITA RD, SUITE 101
TEMECULA, CA 92591
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Lauri Lockwood, Financial 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 sha ll 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 preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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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 including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

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

Shane Spicer, Managing Director

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Bonded CFD Formation Services & Bond Issuance Services in the amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000) PER YEAR AND TOTAL OF FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) as further detailed in the following page(s).

DocuSign Envelope ID: ED01EC72-76DB-454E-9289-AA0B34660F2C DocuSign Envelope ID: 8A38BBC0-2D9D-4F6A-BF2A-900F9B24F2CB Item Title: 10.11
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2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

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2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

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2671/031858-0001
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Hourly Billing Rates:

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
BONDED CFD’S BOND COUNSEL SERVICES
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
BONDED CFD’S BOND COUNSEL SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on July 19, 2023, between the City of Menifee (“City”) and STRADLING YOCCA CARLSON & RAUTH (“Consultant”) for BONDED CFD’S BOND COUNSEL SERVICES which this Amendment No. 1 is made and entered into on ______________, 2025 to extend the term of services and 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. During the term of the Agreement, Consultant transitioned from a corporation to a limited liability partnership. The parties agree that this transition has no impact on the rights and obligations of the parties under the Agreement.

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

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2023 and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.

4.SECTION 2, “Compensation” is amended to increase the maximum compensation by FOUR HUNDRED TWENTY THOUSAND DOLLARS AND ZERO CENTS ($420,000.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS ($210,000) PER FISCAL YEAR (July 1 – June 30) for a cumulative total of EIGHT HUNDRED FORTY THOUSAND DOLLARS AND ZERO CENTS ($840,000.00) 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.

5. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the Item Title: 10.11
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
BONDED CFD’S BOND COUNSEL SERVICES
original Exhibit A to the Agreement, but instead to augment and increase the information listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

SCOPE OF SERVICES
Consultant shall provide BONDED CFD’S BOND COUNSEL SERVICES in the amount not to exceed TWO HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS ($210,000) PER FISCAL YEAR (July 1 – June 30) for a cumulative total of EIGHT HUNDRED FORTY THOUSAND DOLLARS AND ZERO CENTS ($840,000.00) as further detailed in the following page(s).

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

7. 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.

CITY OF MENIFEE STRADLING YOCCA CARLSON & RAUTH
_______________________________ _______________________________ Armando G. Villa, City Manager Brian Forbath, President/Shareholder Attest: ________________________________
Lawrence Chan, Vice President/Shareholder

_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.11
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
BONDED CFD’S BOND COUNSEL SERVICES

EXHIBIT A
FY25/26 RATES:

Senior Partner - $690
Junior Partner - $600
Associates - $375
Paralegals - $175
Item Title: 10.11
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2671/031858-0001
7630421.2 a05/18/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
Bonded CFD's Bond Counsel Services
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and STRADLING YOCCA CARLSON & RAUTH, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services . The term of this Agreement shall begin on July 1, 2023 and shall end on June 30, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreeme nt, as provided for in Section 8.

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

1.4 T
ime . Consultant shall de vote 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 A
uthorization 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: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D 19 July
Item Title: 10.11
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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 TWO HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS ($210,000) PER FISCAL YEAR, AND

TOTAL OF FOUR HUNDRED TWENTY THOUSAND DOLLARS AND ZERO CENTS ($420,000.00) 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 shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 F
inal Payment . City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 T otal 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 t he maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

2.8 P ayment 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: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 C
ommercial General and Automobile Liability Insurance .
a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. C
laims -made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the 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.

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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. V erification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insur ed 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: Bonded CFD's Bond Counsel 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. N
otice 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. A dditional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its office rs, employees, agents, and volunteers. The DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigati ons, 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. V
ariation . 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 R
emedies . In addition to any other remedies at law or equity City may ha ve if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

5.2 I
ndemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the 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, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 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 DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

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

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 T ermination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

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

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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 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 A ssignment 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 S
urvival . 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 O
ptions upon Breach by Consultant . If Consultant materially br eaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consul tant 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 C
onsultant’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 I
nspection 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.

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

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
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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 Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

10.3 S
everability . 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 S ection 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 N
o 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 S uccessors 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 C onsultant Representative . All matters under this Agreement shall be handled for Consultant by Brian P. Forbath (“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 C
ity Contract Administration . This Agreement shall be administered by a City employee, Lauri Lockwood, Financial 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 N
otices . Any written notice to Consultant shall be sent to:

STRADLING YOCCA CARLSON & RAUTH
Attn: Brian P. Forbath
660 NEWPORT CENTER DRIVE, SUITE 1600
NEWPORT BEACH, CA 92660
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Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Lauri Lockwood, Financial 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 eith er 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 I
ntegration . This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 C
ounterparts . 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 E xecution 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 provi sions 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.

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

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

10.19 N
o 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 WITNE SS 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

Brian Forbath, President/Shareholder

Lawrence Chan, Vice President/Shareholder

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 41

Menifee Mayor and City Council
June 4, 2025
Page
683 of 1361

2671/031858-0001
7630421.2 a05/18/23
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Bonded CFD's Bond Counsel Services in the amount not to exceed TWO HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS ($210,000) PER FISCAL

YEAR, AND TOTAL OF FOUR HUNDRED TWENTY THOUSAND DOLLARS AND ZERO CENTS ($420,000.00) as further detailed in the following page(s).

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 42

Menifee Mayor and City Council
June 4, 2025
Page
684 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 43

Menifee Mayor and City Council
June 4, 2025
Page
685 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 44

Menifee Mayor and City Council
June 4, 2025
Page
686 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 45

Menifee Mayor and City Council
June 4, 2025
Page
687 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 46

Menifee Mayor and City Council
June 4, 2025
Page
688 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 47

Menifee Mayor and City Council
June 4, 2025
Page
689 of 1361

2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.

Hourly Billing Rates

Stradling 2023 Hourly Rates
Title Hourly Rate
Senior Shareholder (Brian Forbath) $630.00
Senior Shareholder (Carol Lew) $630.00
Junior Shareholder (Lawrence Chan) $525.00
Associates $340.00
Paralegals $175.00

DocuSign Envelope ID: 07A2F465-32FD-4CD7-BA7A-C6A422518C32 DocuSign Envelope ID: 8225908E-C398-4F79-9E1C-DD74CCBABC2D Item Title: 10.11
Agreement

Amendments

with

Spicer

Consulting

Group

and

Stradling

Yocca

Carlson

and

Rauth

for

Bonded

Community
Facilities District Formation and Consulting Services
Item Page Number: 48

Menifee Mayor and City Council
June 4, 2025
Page
690 of 1361

CITY OF MENIFEE
SUBJECT: Agreement Amendment with D. R. Bechter Consulting for Professional On-Call Services for Construction Inspection MEETING DATE: June 4, 2025
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management 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. 2 to the Master Agreement with D. R. Bechter Consulting for Construction Inspection Services, increasing the compensation by $135,000, for a three-year total agreement amount not-to-exceed $390,000.

DISCUSSION
On June 21, 2023, the City Council approved various Master Agreements for professional on-call services with firms previously established on an approved on-call shortlist for Engineering. D. R.

Bechter Consulting (DR Bechter) is one of the shortlist firms initially designated to provide on-call construction inspection for the divisions.

A Master Agreement for on-call Construction Inspection Services (“Agreement”) was initially established with DR Bechter for a three-year contract term from July 1, 2023, through June 30, 2026, and for a total agreement not-to-exceed amount of $195,000. Amendment No.1 to the agreement was approved on November 6, 2024, to support after-hours and planned night work inspection, and for projects that require complex inspection services. Due to the continued and increasing volume of development activities, utility agency projects, and capital improvement projects requiring staff inspections, there is a need to increase the not-to-exceed compensation amount of the DR Bechter Master Agreement.

Construction inspection services are a key factor in ensuring that development project work is constructed per plan, meets City standards, and results in safe improvements for public use well into the future. While multiple firms are approved as shortlist service providers, DR Bechter has consistently been very responsive to construction inspection support needs. The proposed Amendment No. 2 (“Amendment”) would increase DR Bechter’s Agreement by $135,000, to a total not-to-exceed limit of $390,000 through June 2026. If approved, the Amendment would provide staff the opportunity to maintain continuity on development projects that are already being Item Title: 10.12
Agreement Amendment with D. R. Bechter Consulting for Professional On-Call Services for Construction Inspection Item Page Number: 1

Menifee Mayor and City Council
June 4, 2025
Page
691 of 1361

City of Menifee Staff Report
DR Bechter MA Amendment No. 2
June 4, 2025