2 7
5 6
July 1, 2023 with automatic annual adjustment consisting of the Construction Cost Index (CCI) for July 1 st of each fiscal year beginning July 1, 2024. Additionally, the revised DIF Schedule included for a phase-in of fees for commercial/retail and office categories over the following five years.
Staff presented the proposed updated 2024 Citywide User Fee on May 15, 2024 introducing some new/updated fees across various departments, as well as revising the automatic annual adjustment from a December to December CPI to a January to January CPI based on the available CPI data. At that time, the City Council also requested an annual staff report summarizing the annual automatic adjustment for purposes of reporting and transparency. 2025 Citywide User Fee Annual Adjustment and Other Updates The proposed 2025 User Fee automatic annual adjustment the City Manager has been authorized to implement will be a CPI adjustment of 2.94% based on the January CPI. Existing fees are proposed to be adjusted accordingly with the exception of the following:
1.Statutory Based Fees: Fees set by federal/state regulation, such as passport fees which cannot be modified.
2.Deposit Based Fees: Staff is recommending all deposit-based fees be maintained at the original 2022 base amounts without annual adjustments. As these are deposit based fees, in some instances for items like facility rentals, or in the case of deposit based fees for services, if additional payments are required, staff would coordinate collecting the balance from the respective applicant. By retaining the fees at the original 2022 amounts, it provides administrative streamlining of the initial amount collected.
3.Community Services Department Fees: As part of the 2022 study, Community Services related fees were implemented at a proposed market rate on feedback from the various workshops. Community Services related fees are in most cities established by policy more in line with market rates as opposed to full cost recovery. The Parks, Recreation and Trails Commission (PRTC) has requested the opportunity to review the City’s existing Community Services user fees for potential updates. Based on PRTC feedback staff anticipates returning to Council with any fee update recommendations in the upcoming months. As this effort is underway, staff recommend the current Community Services related fees, including rental deposits, be retained at the original 2022 amounts, and forego the annual adjustment.
The updated Citywide User Fee Schedule is included as an attachment for reference and as a receive and file. This is also regularly available on the city website. 2025 Development Impact Fee (DIF) Annual Adjustment
The proposed 2025 DIF automatic annual adjustment the City Manager has been authorized to implement will be a CCI adjustment of 2.30% based on the most recent CCI. The commercial/retail and office categories reflect year three of the phased-in adjustment increases.
The updated DIF Schedule is included as an attachment for reference and as a receive and file.
This is also regularly available on the city website.
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 2
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June 18, 2025
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City of Menifee Staff Report
2025 User Fee and Development Impact Fee (DIF) Annual Adjustments June 18, 2025
2 7
5 6
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
The fiscal impact of the automatic adjustments to fees is a revenue increase of 2.94% for user fees and a 2.30% revenue increase for DIF collected. The annual adjustments to both the Citywide User Fee Schedule and DIF Schedule provide continued revenue support to the City’s costs in delivery of services and/or capital investments. The adjustments help mitigate the impact of increased costs over time. No budget adjustment and/or appropriation action(s) is required.
ATTACHMENTS
1. 2025 Citywide User Fee Schedule
2. 2025 DIF Schedule
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 3
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June 18, 2025
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
1. CITY CLERK
1.01 Public Nuisance Lien Processing Per Lien $414.57 $402.73 $391
1.02 Document Reproduction^ Per Copy $0.25 $0.25 $0.25
1.03 Document Certification Per Document $17.79 $17.28 $17
1.04 Digital Media Reproduction Per Media $6.35 $6.17 $6
1.05 Candidate Filing Processing^ Per Candidate $25.00 $25.00 $25
1.06 City Initiative Processing (refundable)^ Per Initiative $200.00 $200.00 $200
1.07 Research/Compiling Service Actual Costs Actual Costs Actual Costs
1.08 Certification of Life Per certification $15.88 $15.43 $15
1.09 Certified Copies Per copy $15.88 $15.43 $15
1.10 Affidavit Process for Building Plans Per Request $105.90 $102.88 $100
1.11 Copies of Maps Actual Costs Actual Costs Actual Costs Passports
Adult Application Fees^:
1.12 First Time Passport Book Each $130.00 $130.00 $130
1.13 First Time Passport Card Each $30.00 $30.00 $30
1.14 First Time Passport Book & Card Each $160.00 $160.00 $160
1.15 Passport Card only Each $30.00 $30.00 $30
1.16 Passport Acceptance Fee (Adult / Minor) Each $35.00 $35.00 $35 Adult Renewal Fees^:
1.17 Passport Book Each $130.00 $130.00 $130
1.18 Passport Card only Each $30.00 $30.00 $30
1.19 Passport Book & Card Each $160.00 $160.00 $160
Minor Application Fee^:
1.20 Minor Passport Book Each $100.00 $100.00 $100
1.21 Minor Passport Card Each $15.00 $15.00 $15
1.22 Minor Passport Book & Card Each $115.00 $115.00 $115
2. FINANCE
2.01 New Business Registration Per Application $80.49 $78.19 $76
2.02 Renewal Business Registration Per Application $60.36 $58.64 $57
2.03 Late Payment Renewal Business Registration Penalty $59.30 $57.61 $56
2.04 Business Registration Change of Name Per Application $20.12 $19.55 $19
2.05 Business Registration Change of Physical Address Per Application $40.24 $39.09 $38
2.06 Business Registration Change of Mailing Address Per Application $6.35 $6.17 $6
2.07 Duplicate Business License Per Application $6.35 $6.17 $6
2.08 Reinstatement of Business License Penalty Penalty Penalty Penalty
2.09 Single Day Event Business License Per Application $20.12 $19.55 $19 Returned Check Processing^
2.10 1st Check Per Returned Check $25.00 $25.72 $25
2.11 Subsequent Checks Per Returned Check $35.00 $36.01 $35 Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
1 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 4
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
3. COMMUNITY SERVICES
Facility Rentals
Small - Up to 20 capacity
3.01 Deposit Deposit Yes $50.00 $51.44 $50
3.02 Non-Resident Per hour $40.00 $41.15 $40
3.03 Resident Per hour $20.00 $20.58 $20
3.04 Resident Non-Profit (Youth Sports and Others) Per hour $20.00 $20.58 $20
3.05 City Sponsored Per hour $0.00 $0.00 $0
Medium - Up to 50 capacity
3.06 Deposit Deposit Yes $100.00 $102.88 $100
3.07 Non-Resident Per hour $50.00 $51.44 $50
3.08 Resident Per hour $25.00 $25.72 $25
3.09 Resident Non-Profit (Youth Sports and Others) Per hour $25.00 $25.72 $25
3.10 City Sponsored Per hour $0.00 $0.00 $0
Large - Up to 150 capacity
3.11 Deposit Deposit Yes $200.00 $205.76 $200
3.12 Non-Resident Per hour $80.00 $82.30 $80
3.13 Resident Per hour $40.00 $41.15 $40
3.14 Resident Non-Profit (Youth Sports and Others) Per hour $40.00 $41.15 $40
3.15 City Sponsored Per hour $0.00 $0.00 $0
Kitchen
3.16 Deposit Deposit Yes $100.00 $102.88 $100
3.17 Kitchen Rental Per hour $100.00 $102.88 $100
3.18 Alcohol Use Additional Deposit Yes $200.00 $205.76 $200
3.19 Additional City Staff as Needed Hourly Rate $74 $76.55 $74 Other Rentals
3.70 Palm Room Lighting (Per Event) (Resident) $25.00 $25.00
3.71 Palm Room Lighting (Per Event)(Non-Resident) $50.00 $50.00 Picnic Rentals
Picnic Shelter - Small
3.20 Non-Resident Per hour $20.00 $20.58 $20
3.21 Resident Per hour $10.00 $10.29 $10
3.22 Resident Non-Profit (Youth Sports and Others) Per hour $10.00 $10.29 $10
3.23 City Sponsored Per hour $0.00 $0.00 $0
Picnic Shelter - Large
3.24 Non-Resident Per hour $30.00 $30.86 $30
3.25 Resident Per hour $15.00 $15.43 $15
3.26 Resident Non-Profit (Youth Sports and Others) Per hour $15.00 $15.43 $15
3.27 City Sponsored Per hour $0.00 $0.00 $0
3.28 Rental with Jumper / Food Vendor Per rental $25.00 $25.72 $25 Field Rentals
One-Time Rentals 2 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 5
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Ballfield or Multi-Purpose Field
3.29 Deposit Deposit Yes $50.00 $51.44 $50
3.30 Non-Resident Per hour $20.00 $20.58 $20
3.31 Resident Per hour $10.00 $10.29 $10
3.32 Resident Non-Profit (Youth Sports and Others) Per hour $10.00 $10.29 $10
3.33 City Sponsored Per hour $0.00 $0.00 $0
Field Lights
3.34 Non-Resident Per hour $20.00 $20.58 $20
3.35 Resident Per hour $10.00 $10.29 $10
3.36 Resident Non-Profit (Youth Sports and Others) Per hour $10.00 $10.29 $10
3.37 City Sponsored Per hour $0.00 $0.00 $0
3.38 Snack Bar Deposit Yes $50.00 $51.44 $50
Leagues or Multiple Rentals
Ballfield or Multi-Purpose Field
3.39 Deposit Deposit Yes $50.00 $51.44 $50
3.40 Non-Resident Per hour $25.11 $25.83 $25
3.41 Resident Per hour $13.00 $13.37 $13
3.42 Resident Non-Profit (Youth Sports and Others) Per hour $12.55 $12.92 $13
3.43 City Sponsored Per hour $0.00 $0.00 $0
Other Field
3.68 Sport Field Striping (Per Field) (Resident) $15.00 $15.00
3.69 Sport Field Striping (Per Field) (Non-Resident) $20.00 $20.00 Park Rentals for Private Events (Central, Centennial, La Ladera, Audie
3.44 Park Special Events Application Per Permit $50.00 $51.44 $50 100-249 Attendees $0.00
3.45 Deposit Deposit Yes $50.00 $51.44 $50
3.46 Non-Resident Per Permit $95.00 $97.73 $95
3.47 Resident Per Permit $48.00 $49.38 $48
3.48 Resident Non-Profit (Youth Sports and Others) Per Permit $47.50 $48.87 $48
3.49 City Sponsored Per Permit $0.00 $0.00 $0
250-499 Attendees $0.00
3.50 Deposit Deposit Yes $100.00 $102.88 $100
3.51 Non-Resident Per Permit $170.00 $174.89 $170
3.52 Resident Per Permit $85.00 $87.45 $85
3.53 Resident Non-Profit (Youth Sports and Others) Per Permit $85.00 $87.45 $85
3.54 City Sponsored Per Permit $0.00 $0.00 $0
500-999 Attendees (Central Park Only) $0.00
3.55 Deposit Deposit Yes $150.00 $154.32 $150
3.56 Non-Resident Per Permit $270.00 $277.77 $270
3.57 Resident Per Permit $135.00 $138.89 $135
3.58 Resident Non-Profit (Youth Sports and Others) Per Permit $135.00 $138.89 $135
3.59 City Sponsored Per Permit $0.00 $0.00 $03 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 6
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
1,000+ Attendees (Central Park Only) $0.00
3.60 Deposit Deposit Yes $300.00 $308.63 $300
3.61 Non-Resident Per Permit $350.00 $360.07 $350
3.62 Resident Per Permit $175.00 $180.04 $175
3.63 Resident Non-Profit (Youth Sports and Others) Per Permit $175.00 $180.04 $175
3.64 City Sponsored Per Permit $0.00 $0.00 $0
Miscellaneous Fees:
3.65 Administrative Processing Fee - Rental Cancellation Per Permit $12.00 $12.35 $12
3.66 Residential Self-Haul Permit Application Per Permit $101.00 $103.91 $101
3.67 Residential Self-Haul Permit Renewal Per Permit $33.00 $33.95 $33 Programmatic / Sport / Afterschool Fees - See Activity Guide for most up to dates rates
4. CODE ENFORCEMENT
4.01 Vacant Lot Weed Abatement Per Lot $463.86 $450.61 $438
4.02 Weed Abatement Appeal to City Council Per Appeal $704.25 $684.14 $665
4.03 Foreclosed Property Registration/Inspection Per Property $133.44 $129.63 $126
4.04 Each inspection after 1st inspection Per Inspection $133.44 $129.63 $126
4.05 Summary Abatement Actual Costs Actual Costs Actual Costs
4.06 Notice of Pendency Per Notice $131.32 $127.57 $124
4.07 Graffiti Removal Actual Costs Actual Costs Actual Costs
4.08 Hourly Rate Per Hour $199.10 $193.41 $188
5. POLICE
Police Reports
5.01 Per Report (Crimes, Collisions, and CAD Printouts) Per Report $19.06 $18.52 $18 Media Duplication
5.02 Flash Drive, CD, DVD, or Email regardless of volume Per Media $21.19 $20.58 $20 Clearance Letters
5.03 Police Clearance Each $25.74 $25.00 $20
Citation Sign Offs
5.04 Menifee PD Citation Each $0.00 $0.00 $0
5.05 Outside Agency Citation $25.74 $25.00 $15
Concealed Weapons Permit
5.06 Initial Application Processing Flat $105.90 $102.88 $100
5.07 Renewals Flat $26.48 $25.72 $25
5.08 Updates Flat $10.59 $10.29 $10
Livescan
5.09 Rolling Fee Flat $26.48 $25.72 $25
5.10 FBI Processing Fee^ State Regulated State Regulated State Regulated State Regulated
5.11 DOJ Processing Fee^ State Regulated State Regulated State Regulated State Regulated
5.12 CACI (Child Abuse Index Fee)^ State Regulated State Regulated State Regulated State Regulated
5.13 Firearms Fee^ State Regulated State Regulated State Regulated State Regulated Vehicle Identification Number (VIN)
5.14 VIN Verification Charge (Individuals Only) Each $31 $30.00 $254 of 26 Item Title: 10.9
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Stored or Impounded Vehicles
5.15 Vehicle Release (Stored) Flat $154 $150.00 $100
5.16 Vehicle Release (Impounded or DUI) Flat $206 $200.00 $150
5.17 Abandoned Flat $154 $150.00 $100
Vehicle Repossession
5.18 Vehicle Repossession Fee Flat $15.88 $15.43 $15
Subpoenas
5.19 Admin Fee per Subpoena Per Subpoena $15.88 $15.43 $15
5.20 Witness Fee Flat $291.23 $282.91 $275
DUI Emergency Response^
5.21 Emergency Response to DUI Investigations Actual Costs up to $12,000 Costs up to $12,000 Actual Costs up to $12,000
Noise Ordinance
5.22 1st Response
5.23 2nd Response $158.86 $154.32 $150
5.24 3rd Response $529.51 $514.39 $500
5.25 4th Response $1,059.03 $1,028.78 $1,000
5.26 5th+ Response $2,647.57 $2,571.95 $2,500
Sworn Personnel Services
Special Events, 4 Hour Minimum
5.27 Lieutenant – per hour Actual Costs $229.81 $223.25 $217
5.28 Sergeant – per hour Actual Costs $205.45 $199.58 $194
5.29 Officer – per hour Actual Costs $176.86 $171.81 $167
5.30 Community Service Officer – per hour Actual Costs $162.03 $157.40 $153
6. FIRE
Fire Sprinkler Systems*
New 13, 13R Fire Sprinkler System - Up to 250 sprinkler heads
6.01 Plan Check Flat $247.16 $240.10 $233
6.02 Inspection Base $233.79 $227.11 $221
New 13, 13R Fire Sprinkler System - 251 to 500 sprinkler heads
6.03 Plan Check Flat $370.74 $360.15 $350
6.04 Inspection Base $350.69 $340.67 $331
New 13, 13R Fire Sprinkler System - 500+ sprinkler heads
6.05 Plan Check Flat $741.48 $720.30 $700
6.06 Inspection Base $701.37 $681.34 $662
6.07 Inspection - Per Sprinkler Head Per sprinkler head $9.35 $9.08 $9 New 13D Residential Fire Sprinkler System (Base fee Per Model)
6.08 Plan Check Base $370.74 $360.15 $350
6.09 Inspection Base $233.79 $227.11 $221
6.10 Inspection - Per Sprinkler Head Per sprinkler head $9.35 $9.08 $9 New 13D Residential Fire Sprinkler System - Low Pressure Tract (Per 5 of 26 Item Title: 10.9
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
6.11 Plan Check Base $246.76 $239.71 $233
6.12 Inspection Base $233.79 $227.11 $221
6.13 Inspection - Per Sprinkler Head Per sprinkler head $9.35 $9.08 $9 TI 13, 13R Fire Sprinkler System
6.14 Plan Check Flat $370.74 $360.15 $350
6.15 Inspection Base $233.79 $227.11 $221
6.16 Inspection - Per Sprinkler Head Per sprinkler head $9.35 $9.08 $9 TI 13D Residential Fire Sprinkler System
6.17 Plan Check Flat $247.16 $240.10 $233
6.18 Inspection Base $233.79 $227.11 $221
6.19 Inspection - Per Sprinkler Head Per sprinkler head $9.35 $9.08 $9 Water System Permits*
New Underground Fire Line
6.20 Plan Check Flat $420.17 $408.17 $397
6.21 Inspection Flat $596.17 $579.14 $563
Fire Pump (Per Pump)
6.22 Plan Check Flat $679.69 $660.28 $642
6.23 Inspection Flat $935.16 $908.45 $883
Emergency Underground Fire Line Repair
6.24 Plan Check Flat $370.74 $360.15 $350
6.25 Inspection Flat $642.92 $624.56 $607
6.26 Fire Hydrant/Water Flow Witness Flat $233.79 $227.11 $221 Above Ground Tank (Temporary Water Supply/Construction)
6.27 Plan Check Flat $370.74 $360.15 $350
6.28 Inspection Flat $350.69 $340.67 $331
Fire Alarm*
New Alarm System
6.29 Plan Check Flat $741.48 $720.30 $700
6.30 Inspection Base $467.57 $454.22 $442
6.31 Inspection - Each Device Per device $9.35 $9.08 $9 TI Fire Alarm System
6.32 Plan Check Flat $556.11 $540.23 $525
6.33 Inspection Base $233.79 $227.11 $221
6.34 Inspection - Each Device Per device $9.35 $9.08 $9 FACP Modification
6.35 Plan Check Flat $247.16 $240.10 $233
6.36 Inspection Flat $233.79 $227.11 $221
Water Flow (Monitoring) Alarm System Only
6.37 Plan Check Flat $247.16 $240.10 $233
6.38 Inspection Flat $233.79 $227.11 $221
Fire Protection Systems*
Special Extinguishing Systems (FM200, Dry Chem, Spray Mist, etc.) 6 of 26 Item Title: 10.9
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
6.39 Plan Check Per System $617.90 $600.25 $583
6.40 Inspection Per System $350.69 $340.67 $331
Smoke Control System-Rationale, Analysis and Plan Review
6.41 Plan Check Flat $1,482.96 $1,440.61 $1,400
6.42 Inspection Flat $1,402.73 $1,362.67 $1,325
Other Systems*
Hood & Duct Automatic Extinguishing System (Per system)
6.43 Plan Check Per System $247.16 $240.10 $233
6.44 Inspection Per System $350.69 $340.67 $331
Ovens, Industrial baking or drying, furnace or kiln Special Equipment
6.45 Plan Check Per oven $185.37 $180.08 $175
6.46 Inspection Per oven $233.79 $227.11 $221
Dust Collection Special Equipment (Per system)
6.47 Plan Check Per System $315.13 $306.13 $298
6.48 Inspection Per System $298.08 $289.57 $281
Solar Photovoltaic System Plan Check and Inspection
6.49 Plan Check Hourly $247.16 $240.10 $233
6.50 Inspection Hourly $233.79 $227.11 $221
Refrigeration System
6.51 Plan Check Per System $247.16 $240.10 $233
6.52 Inspection Per System $298.08 $289.57 $281
Spray Booths (Per Booth/System)
6.53 Plan Check Per Booth/System $315.13 $306.13 $298
6.54 Inspection Per Booth/System $409.14 $397.45 $386
Liquified Petroleum Gases (LPG) Special System (Per System)
6.55 Plan Check Per System $370.74 $360.15 $350
6.56 Inspection Per System $467.57 $454.22 $442
Gas Systems (Med Gas, Industrial Gas, LPG) (Per System)
6.57 Plan Check Per System $370.74 $360.15 $350
6.58 Inspection Per System $409.14 $397.45 $386
Emergency Responder Radio Coverage (Per System)
6.59 Plan Check Per System $247.16 $240.10 $233
6.60 Inspection Per System $233.79 $227.11 $221
Generator - Cell Sites (Per Gen/Site)
6.61 Plan Check Per Gen/Site $370.66 $360.07 $350
6.62 Inspection Per Gen/Site $233.79 $227.11 $221
Generator
6.63 Plan Check Per generator $370.74 $360.15 $350
6.64 Inspection Per generator $233.79 $227.11 $221
Battery Systems - Residential
6.65 Plan Check Per System $370.66 $360.07 $350
6.66 Inspection Per System $233.79 $227.11 $2217 of 26
Item Title: 10.9
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Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Battery Systems - Commercial
6.67 Plan Check Per System $617.41 $599.78 $583
6.68 Inspection Per System $198.73 $193.05 $188
Battery Systems Facilities
6.69 Plan Check Flat $988.64 $960.40 $934
6.70 Inspection Flat $818.26 $794.89 $773
CO2 System
6.71 Plan Check Flat $246.76 $239.71 $233
6.72 Inspection Flat $234.04 $227.36 $221
Hazardous Materials*
Chemical Classification Disclosure Review <10 Chemicals
6.73 Plan Check Flat $370.74 $360.15 $350
6.74 Inspection Flat $233.79 $227.11 $221
Chemical Classification Disclosure Review 10-25 Chemicals
6.75 Plan Check Flat $494.32 $480.20 $467
6.76 Inspection Flat $350.69 $340.67 $331
Chemical Classification Disclosure Review 26-100 Chemicals
6.77 Plan Check Flat $865.06 $840.35 $817
6.78 Inspection Flat $467.57 $454.22 $442
Chemical Classification Disclosure Review >100 Chemicals
6.79 Plan Check Flat $1,174.01 $1,140.48 $1,109
6.80 Inspection Flat $701.37 $681.34 $662
High Piled Storage*
High Piled Combustible Storage Up to 12,000 square feet
6.81 Plan Check Flat $494.32 $480.20 $467
6.82 Inspection Flat $350.69 $340.67 $331
High Piled Combustible Storage 12,001-50,000 square feet
6.83 Plan Check Flat $741.48 $720.30 $700
6.84 Inspection Flat $467.57 $454.22 $442
High Piled Combustible Storage 50,001-100,000 square feet
6.85 Plan Check Flat $865.06 $840.35 $817
6.86 Inspection Flat $701.37 $681.34 $662
High Piled Combustible Storage >100,000 square feet
6.87 Plan Check Flat $1,112.22 $1,080.45 $1,050
6.88 Inspection Flat $818.26 $794.89 $773
Access and Water Supply*
Access and Water Supply Only - Commercial Construction Inspection
6.89 Plan Check Flat $247.16 $240.10 $233
6.90 Inspection Flat $233.79 $227.11 $221
Access and Water Supply Only - Residential Construction Inspection
6.91 One Lot Base $175.34 $170.33 $166
6.92 Each Additional Lot Each additional lot $35.07 $34.07 $338 of 26 Item Title: 10.9
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Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Fire Lane Plan Check and Inspection
6.93 Plan Check Flat $123.58 $120.05 $117
6.94 Inspection Flat $116.90 $113.56 $110
6.95 Fuel Modification Inspection Per Phase $233.79 $227.11 $221 Tanks*
Underground Storage Tanks Install or Removal
6.96 Plan Check Per tank $247.16 $240.10 $233
6.97 Inspection Per tank $233.79 $227.11 $221
Aboveground Storage Tank Install or Removal
6.98 Plan Check Per tank $247.16 $240.10 $233
6.99 Inspection Per tank $233.79 $227.11 $221
Alterations to Gas Stations (No tank alterations)
6.100 Plan Check Flat $247.16 $240.10 $233
6.101 Inspection Flat $233.79 $227.11 $221
Other Fees
6.102 Work without Approval or Permit Penalty $350.69 $340.67 $331
6.103 Fire Stand-by Per Hour per Person $233.79 $227.11 $221 Alternative Materials and Methods (4 hour minimum, hourly thereafter)
6.104 Plan Check First 4 hours $741.48 $720.30 $700
6.105 Inspection First 4 hours $233.79 $227.11 $221
6.106 Consultant Fire Plan Review Actual Costs
6.107 3rd Review and subsequent submittals Per hour $247.16 $240.10 $233
6.108 Expedited/Overtime Plan Review Per hour $370.74 $360.15 $350
6.109 Over the Counter/Misc. Revisions Plan Review Per Plan Review $185.37 $180.08 $175 Drilling / Blasting Permit - Initial (min. 2 hrs)
6.110 Plan Check Per Hour $247.16 $240.10 $233
6.111 Inspection Per Hour $233.79 $227.11 $221
Renewable Permit Fees (Issued at Annual Fire-Life Safety Inspection
6.112 Aerosol Products (Level 2 & 3) Flat $99.36 $96.52 $94
6.113 Amusement Building Flat $175.34 $170.33 $166
6.114 Aviation Facilities Flat $233.79 $227.11 $221
6.115 Cellulose Nitrate Storage Flat $99.36 $96.52 $94
6.116 Combustible Dust Producing Operations Flat $116.90 $113.56 $110
6.117 Combustible Fiber Storage Flat $175.34 $170.33 $166
6.118 Compressed Gases Flat $233.79 $227.11 $221
6.119 Covered and open mall buildings Flat $292.24 $283.89 $276
6.120 Cryogenic Fluids Flat $233.79 $227.11 $221
6.121 Cutting and Welding Flat $116.90 $113.56 $110
6.122 Dry Cleaning Flat $233.79 $227.11 $221
6.123 Exhibits and Trade Shows Flat $233.79 $227.11 $221
6.124 Explosives Flat $467.57 $454.22 $442
6.125 Fire Hydrants and Valves Flat $116.90 $113.56 $1109 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 12
Menifee Mayor and City Council
June 18, 2025
Page
111 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
6.126 Flammable and Comustible Liquids Flat $175.34 $170.33 $166
6.127 Floor Finishing Flat $116.90 $113.56 $110
6.128 Fruit and Crop Ripening Flat $116.90 $113.56 $110
6.129 Fumigation and Insecticidial Fogging Flat $116.90 $113.56 $110
6.130 Hazardous Materials Flat $233.79 $227.11 $221
6.131 HPM Facilites Flat $175.34 $170.33 $166
6.132 High Piled Combustible Storage <12,000 Square Feet Flat $175.34 $170.33 $166
6.133 High Piled Combustible Storage 12,001-50,000 Square Feet Flat $467.57 $454.22 $442
6.134 High Piled Combustible Storage >100,000 Square Feet Flat $818.26 $794.89 $773
6.135 Hot Work Operation Flat $116.90 $113.56 $110
6.136 Industrial Ovens Flat $116.90 $113.56 $110
6.137 Lumber Yard/Woodworking Plants Flat $233.79 $227.11 $221
6.138 Liquid or gas-fueled vehicles or equipment in assembly buildings Flat $116.90 $113.56 $110
6.139 LP-gas Flat $175.34 $170.33 $166
6.140 Magnesium Flat $116.90 $113.56 $110
6.141 Miscellaneous Combustible Storage Flat $233.79 $227.11 $221
6.142 Mobile Food Preparation Vehicles Flat $116.90 $113.56 $110
6.143 Motor Fuel Dispensing Facilities Flat $175.34 $170.33 $166
6.144 Open Burning Flat $116.90 $113.56 $110
6.145 Open Flames and Torches Flat $99.36 $96.52 $94
6.146 Open Flames and Candles Flat $99.36 $96.52 $94
6.147 Organic Coatings Flat $175.34 $170.33 $166
6.148 Outdoor Assembly Events (see special events)
6.149 Places of Assembly Flat $149.04 $144.78 $141
6.150 Plant Extraction Systems Flat $233.79 $227.11 $221
6.151 Private Fire Hydrant Flat $116.90 $113.56 $110
6.152 Pyrotechnic special effects material (see explosives)
6.153 Proxylin Plastics Flat $116.90 $113.56 $110
6.154 Refrigeration Equipment Flat $233.79 $227.11 $221
6.155 Repair Garages and Motor Fuel- Dispensing Facilities Flat $347.76 $337.83 $328
6.156 Rooftop Heliports Flat $175.34 $170.33 $166
6.157 Spraying or Dipping Operations Flat $99.36 $96.52 $94
6.158 Storage of scrap tires and tire byproducts Flat $116.90 $113.56 $110
6.159 Temporary membrane structures and tents (see special events)
6.160 Tire-Rebuilding Plants Flat $116.90 $113.56 $110
6.161 Waste Handling Flat $175.34 $170.33 $166
6.162 Wood Products Flat $155.86 $151.41 $147
6.163 CO2 Dispensing System Flat $97.41 $94.63 $92
6.164 CO2 Enrichment Flat $116.90 $113.56 $110
6.165 Gas Detection Flat $233.79 $227.11 $221
6.166 Energy Storage Systems Flat $350.69 $340.67 $33110 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 13
Menifee Mayor and City Council
June 18, 2025
Page
112 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Special Events*
Special Event Permit
6.167 Plan Check Flat $185.37 $180.08 $175
6.168 Inspection Flat $233.79 $227.11 $221
Special Event Permit - With tents and or canopies > 400 square feet
6.169 Plan Check Flat $247.16 $240.10 $233
6.170 Inspection Flat $350.69 $340.67 $331
6.171 Carnivals and Fairs Base plus actual costs $350.69 $340.67 $331
6.172 Fireworks Displays Base plus actual costs $467.57 $454.22 $442
6.173 Film Making Base plus actual costs $467.57 $454.22 $442 Annual Life Safety Inspections - All Occupancies other than R*
6.174 <3,600 Square Feet Flat $233.79 $227.11 $221
6.175 3,600 - 25,000 Square Feet Flat $409.14 $397.45 $386
6.176 25,000 - 50,000 Square Feet Flat $584.47 $567.78 $552
6.177 50,001 - 350,000 Square Feet Flat $642.92 $624.56 $607
6.178 >350,000 Square Feet Flat $1,227.39 $1,192.34 $1,159 Fire Life-Safety Inspections (Post-Development)
6.179 Fire annual Inspection (includes one re-inspection) Flat $233.79 $227.11 $221
6.180 2nd re-inspection Flat $467.57 $454.22 $442
6.181 3rd and subsequent re-inspections Flat $701.37 $681.34 $662
6.182 Fire Watch Inspection (Per Hour) Flat $233.79 $227.11 $221 R-1 Occupancies i.e. Hotels, Motels*
6.183 <25 units Flat $642.92 $624.56 $607
6.184 26-50 units Flat $759.82 $738.12 $717
6.185 51-75 units Flat $935.16 $908.45 $883
6.186 76-100 units Flat $1,052.06 $1,022.01 $993
6.187 >100 units Flat $1,227.39 $1,192.34 $1,159
R-2 (Apartment, Residential Permanent 3+)*
6.188 3-16 units Flat $350.69 $340.67 $331
6.189 17-25 units Flat $584.47 $567.78 $552
6.190 26-50 units Flat $759.82 $738.12 $717
6.191 51-75 units Flat $935.16 $908.45 $883
6.192 76-100 units Flat $1,052.06 $1,022.01 $993
6.193 >100 units Base $1,227.39 $1,192.34 $1,159
6.194 Per additional 10 units Per 10 units $38.96 $37.85 $37 R-2.1/R-4 Occupancies
6.195 Care Facility Residential State Licenses-6 or less Re-Inspection Fee Flat $233.79 $227.11 $221
6.196 Care Facility Commercial 0-50 State Licensed Flat $409.14 $397.45 $386
6.197 Care Facility Commercial 51-99 State Licensed Flat $526.02 $511.00 $497
6.198 Care Facility Commercial 100-150 State Licensed Flat $642.92 $624.56 $607
6.199 Care Facility Commercial ≥151 State Licensed Flat $818.26 $794.89 $773 Day Care Facilities Residential 8-14 Fire Clearance 11 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 14
Menifee Mayor and City Council
June 18, 2025
Page
113 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
6.200 Plan Check Flat $556.11 $540.23 $525
6.201 Inspection Flat $233.79 $227.11 $221
6.202 Day Care Facility Commercial 0-50 Flat $175.34 $170.33 $166
6.203 Day Care Facility Commercial 51-100 Flat $233.79 $227.11 $221
6.204 Day Care Facility Commercial 101-150 Flat $350.69 $340.67 $331
6.205 Day Care Facility Commercial >150 Flat $409.14 $397.45 $386
6.206 2nd re-inspection fee (after initial and first inspection) Flat $350.69 $340.67 $331
6.207 2nd re-inspection penalty Penalty $476.56 $462.95 $450
6.208 3rd plus re-inspection penalty Penalty $635.42 $617.27 $600 Hourly Rates
6.209 Inspection Hourly $233.79 $227.11 $221
6.210 Plan Review Hourly $247.16 $240.10 $233
6.211 Supplemental inspection fee (Per 1 hour or portion thereof) Hourly $233.79 $227.11 $221
6.212 Supplemental plan review (Per 1 hour or portion thereof) Hourly $247.16 $240.10 $233
6.213 After Hours or emergency Call-Out (2hr. Minimum = $448) Hourly $233.79 $227.11 $221
6.214 Other-Construction re-inspection fee Hourly $233.79 $227.11 $221 Other Fees
6.215 Certificate of Occupancy Inspection Flat $175.34 $170.33 $166 Commercial Emergency Evacuation Plan
6.216 Plan Check Flat $370.74 $360.15 $350
6.217 Inspection Flat $233.79 $227.11 $221
6.218 Lost Job Card Fee Flat $20.12 $19.55 $19
6.219 Defensible Space Inspections Flat $233.79 $227.11 $221
6.220 Non-Compliance Fee/Complaint Investigation Actual Cost Actual Cost Actual Cost Actual Cost Surcharges
6.221 Technology Surcharge Fee % of Building, 5.7% 5.7% 5.7%
7. BUILDING
Building Permit Fees
7.01 Permit Issuance Flat $57.88 $56.23 $55
7.02 Demolition* Flat $280.22 $272.22 $265
7.03 Wall/Fence, City Standard* Flat $87.03 $84.54 $82
7.04 Wall/Fence, Non-City Standard* Flat $174.06 $169.09 $164
7.05 Deck/Patio, City Standard* Flat $116.04 $112.73 $110
7.06 Deck/Patio, Non-City Standard* Flat $174.06 $169.09 $164
7.07 Swimming Pool/In-Ground Spa* Flat $563.52 $547.43 $532 Reroof*
7.08 Residential Flat $116.04 $112.73 $110
7.09 Commercial Per hour per inspection $121.84 $118.36 $115 Windows / Doors*
7.10 Up to 5 windows / doors up to 5 windows $87.03 $84.54 $82 12 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 15
Menifee Mayor and City Council
June 18, 2025
Page
114 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
7.11 Each additional 5 windows / doors each additional window $29.01 $28.18 $27 Other Fees:
7.12 Residential Accessory Structures (Up to 500 s.f. - including Garages)* $871.58 $846.69 $823
7.13 Accessory / Additional Dwelling Unit (ADU)+*(1) $2,776.77 $2,697.46 $2,622
7.14 Kitchen and / or Bath Remodel* Flat $598.97 $581.86 $566
7.15 Duplicate Inspection Card Flat $13.78 $13.39 $13
7.16 Duplicate Certificate of Occupancy Flat $57.88 $56.23 $55
7.17 Misc. Permit Hourly $147.96 $143.73 $140
7.18 Inspections not specified Hourly Rate $147.96 $143.73 $140
7.19 Re-inspections Hourly Rate $147.96 $143.73 $140
7.20 After Hours Inspections (4 hours minimum) OT Hourly Rate $171.28 $166.39 $162
7.99 Building Permit Refund Processing Fee Fee will be based per policy established by Building Code 109.6 SMIP Fee^
7.21 1-3 Story Residential Buildings*** Per $100,000
Valuation 0.013% $13.00 $13
7.22 Commercial and Over 3 Story Residential Buildings*** Per $100,000 Valuation 0.028% $28.00 $28
7.23 California State Building Standards Administration Special Revolving $1- 25,000 $1.00 $1.00 $1 $25,000 -50,000 $2.00
$50,001-75,000 $3.00
$75,001-100,000 $4.00
Every $25,000 or
fraction thereof above
$100,000
$1.00
Surcharges
7.24 General Plan Maintenance Fee % of Building Permit 9% 9% 9%
7.25 Technology Surcharge Fee % of Building, 5.7% 5.7% 5.7% Plan Check Fee*
7.26 Single Family Residential % of Building Permit 65% 65% 65%
7.27 Multi-Family / Commercial / Industrial % of Building Permit 85% 85% 85% Single Family Residential - Inspection+*
7.28 $1 to $500 Flat $406.14 $394.54 $383.50
$501 to $2,000
7.29 First $500 Base $406.14 $394.54 $383.50
7.30 Each additional $100 or fraction thereof Each additional $45.45 $44.15 $42.92 $2,001 to $25,000
7.31 First $2,000 Base $1,087.88 $1,056.81 $1,027.24
7.32 Each additional $1,000 or fraction thereof Each additional $20.81 $20.22 $19.65 $25,001 to $50,000
7.33 First $25,000 Base $1,566.54 $1,521.80 $1,479.2313 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 16
Menifee Mayor and City Council
June 18, 2025
Page
115 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
7.34 Each additional $1,000 or fraction thereof Each additional $38.87 $37.76 $36.71 $50,001 to $100,000
7.35 First $50,000 Base $2,538.38 $2,465.88 $2,396.90
7.36 Each additional $1,000 or fraction thereof Each additional $30.46 $29.59 $28.76 $100,001 to $500,000
7.37 First $100,000 Base $4,061.41 $3,945.41 $3,835.04
7.38 Each additional $1,000 or fraction thereof Each additional $7.98 $7.75 $7.53 $500,001 to $1,000,000
7.39 First $500,000 Base $7,252.50 $7,045.37 $6,848.28
7.40 Each additional $1,000 or fraction thereof Each additional $9.43 $9.16 $8.90 $1,000,001 +
7.41 First $1,000,000 Base $11,966.64 $11,624.87 $11,299.66
7.42 Each additional $1,000 or fraction thereof Each additional $4.71 $4.58 $4.45 Commercial / Multi-Family / Industrial - Inspection +*
7.43 $1 to $500 Flat $406.14 $394.54 $383.50
$501 to $2,000
7.44 First $500 Base $406.14 $394.54 $383.50
7.45 Each additional $100 or fraction thereof Each additional $55.11 $53.54 $52.05 $2,001 to $25,000
7.46 First $2,000 Base $1,232.92 $1,197.71 $1,164.21
7.47 Each additional $1,000 or fraction thereof Each additional $40.99 $39.82 $38.71 $25,001 to $50,000
7.48 First $25,000 Base $2,175.75 $2,113.61 $2,054.48
7.49 Each additional $1,000 or fraction thereof Each additional $34.81 $33.82 $32.87 $50,001 to $100,000
7.50 First $50,000 Base $3,046.06 $2,959.06 $2,876.28
7.51 Each additional $1,000 or fraction thereof Each additional $43.51 $42.27 $41.09 $100,001 to $500,000
7.52 First $100,000 Base $5,221.81 $5,072.67 $4,930.76
7.53 Each additional $1,000 or fraction thereof Each additional $8.70 $8.45 $8.22 $500,001 to $1,000,000
7.54 First $500,000 Base $8,703.01 $8,454.45 $8,217.94
7.55 Each additional $1,000 or fraction thereof Each additional $11.31 $10.99 $10.68 $1,000,001 to $5,000,000
7.56 First $1,000,000 Base $14,359.97 $13,949.84 $13,559.59
7.57 Each additional $1,000 or fraction thereof Each additional $4.02 $3.91 $3.80 $5,000,001 to $10,000,000
7.58 First $5,000,000 Base $30,460.53 $29,590.57 $28,762.77
7.59 Each additional $1,000 or fraction thereof Each additional $11.31 $10.99 $10.68 $10,000,001 +
7.60 First $10,000,000 Base $87,030.09 $84,544.48 $82,179.3614 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 17
Menifee Mayor and City Council
June 18, 2025
Page
116 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
7.61 Each additional $1,000 or fraction thereof Each additional $5.66 $5.50 $5.34
7.62 Repeat Tract Home % of Building Permit 65% 65% 65% Electrical Permit Fees
7.63 Permit Issuance Flat $57.88 $56.23 $55
7.64 Residential Appliance, up to 1 HP* Flat $87.03 $84.54 $82
7.65 Non-Residential Appliances, up to 1 HP* Flat $87.03 $84.54 $82
7.66 Power Apparatus, less than 100 HP, KW, KVA, or KVAR* Flat $87.03 $84.54 $82
7.67 Power Apparatus, 100+ HP, KW, KVA, or KVAR* Flat $87.03 $84.54 $82
7.68 Temporary Power Pole* Flat $87.03 $84.54 $82
Services, Switchboards, Control Centers, & Panels*
7.69 Up to 400 amps for Single Family Residence Flat $87.03 $84.54 $82
7.70 Up to 400 amps for Non-Single Family Residence Flat $87.03 $84.54 $82
7.71 400+ amps Flat $174.06 $169.09 $164
7.72 Receptacle, Switch, Outlet, & Fixture, first* First $72.52 $70.45 $68
7.73 Receptacle, Switch, Outlet, & Fixture, each additional Each additional $2.90 $2.82 $3
7.74 Pole or Platform Mounted Fixtures, first* First $72.52 $70.45 $68
7.75 Pole or Platform Mounted Fixtures, each additional Each additional $2.90 $2.82 $3
7.76 Swimming Pool/In-Ground Spa* Flat $174.06 $169.09 $164
7.77 Meter Reset* Flat $87.03 $84.54 $82
7.78 Misc. Permit, Flat Fee, or Hourly as determined by staff Hourly $147.96 $143.73 $140
7.79 Inspections not specified Hourly Rate $147.96 $143.73 $140
7.80 Re-inspections Hourly Rate $147.96 $143.73 $140
7.81 After Hours Inspections (4 hours minimum) OT Hourly Rate $171.28 $166.39 $162 Mechanical Permit Fees
7.82 Permit Issuance Flat $57.88 $56.23 $55
7.83 Forced-Air or Gravity-Type Furnace or Burner* Flat $116.04 $112.73 $110
7.84 Suspended/Recessed Wall/Floor Mounted Heater* Flat $87.03 $84.54 $82 Air-Handling/Condensing Unit*
7.85 Single Family Residence Flat $87.03 $84.54 $82
7.86 Non-Single Family Residence Flat $116.04 $112.73 $110
7.87 Hood served by Mechanical Exhaust* Flat $116.04 $112.73 $110
7.88 Boilers, Compressors, and Absorption Systems* Flat $116.04 $112.73 $110
7.89 Misc. Permit, Flat Fee, or Hourly as determined by staff Hourly $147.96 $143.73 $140
7.90 Inspections not specified Hourly Rate $147.96 $143.73 $140
7.91 Re-inspections Hourly Rate $147.96 $143.73 $140
7.92 After Hours Inspections (4 hours minimum) OT Hourly Rate $171.28 $166.39 $162 Plumbing Permit Fees
7.93 Permit Issuance Flat $57.88 $56.23 $55
7.94 Plumbing Fixtures and Vents, fixtures 1-3 (total cost)* Flat $72.52 $70.45 $68
7.95 Plumbing Fixtures and Vents, each additional fixture Each additional $2.90 $2.82 $3
7.96 Grease Interceptor* Flat $29.01 $28.18 $27
7.97 Gas System* Flat $116.04 $112.73 $11015 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 18
Menifee Mayor and City Council
June 18, 2025
Page
117 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
Piping/Re-piping
7.98 Single Family Residential* Flat $87.03 $84.54 $82
7.99 Multi-Family Residential, first dwelling unit* First $87.03 $84.54 $82
7.100 Multi-Family Residential, each additional unit Each additional $14.50 $14.09 $14
7.101 Water Heater* Flat $87.03 $84.54 $82
7.102 Tankless Water Heater* Flat $154.29 $149.88 $146
7.103 Solar Water Heating System* Flat $174.06 $169.09 $164
7.104 Sewer / Septic* Flat $87.03 $84.54 $82
7.105 Misc. Permit, Flat Fee, or Hourly as determined by staff Hourly $147.96 $143.73 $140
7.106 Inspections not specified Hourly Rate $147.96 $143.73 $140
7.107 Re-inspections Hourly Rate $147.96 $143.73 $140
7.108 After Hours Inspections (4 hours minimum) OT Hourly Rate $171.28 $166.39 $162 Solar Permit Fees (State Fees)^*
7.109 Residential - up to 15kw Base $405.08 $393.51 $383
7.110 Each additional kw Per kw $15.44 $15.00 $15
7.111 Commercial - up to 50kw Base $741.32 $720.15 $700
7.112 Commercial - 51-250kw - per kw Per kw $7.21 $7.00 $7
7.113 Commercial - 250kw+ - per kw Per kw $5.15 $5.00 $5 Planning Support - Building Plan Check*
7.114 New Construction Flat $953.12 $925.90 $900
7.115 Tenant Improvements / Remodels Flat $397.13 $385.79 $375 Engineering Support - Building Plan Check*
7.116 New Single Family Residence Flat $1,216.82 $1,182.07 $1,149
7.117 New Commercial Office Flat $811.22 $788.05 $766
7.118 New Multi-Family Residence Flat $1,216.82 $1,182.07 $1,149
7.119 All Other Projects Flat $317.70 $308.63 $300
Fire Support - Building Plan Check and Inspection*
Development Plan Check and Inspections (Residential-New and 0-1,999 Square Feet
7.120 Plan Check Flat $247.16 $240.10 $233
7.121 Inspection Flat $233.79 $227.11 $221
2,000-4,999 Square Feet
7.122 Plan Check Flat $308.95 $300.13 $292
7.123 Inspection Flat $292.24 $283.89 $276
5,000-9,999 Square Feet
7.124 Plan Check Flat $370.74 $360.15 $350
7.125 Inspection Flat $350.69 $340.67 $331
10,000-24,999 Square Feet
7.126 Plan Check Flat $432.53 $420.18 $408
7.127 Inspection Flat $409.14 $397.45 $386
25,000-49,999 Square Feet
7.128 Plan Check Flat $556.11 $540.23 $52516 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 19
Menifee Mayor and City Council
June 18, 2025
Page
118 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
7.129 Inspection Flat $526.02 $511.00 $497
50,000-100,000 Square Feet
7.130 Plan Check Flat $679.69 $660.28 $642
7.131 Inspection Flat $642.92 $624.56 $607
>100,000 Square Feet
7.132 Plan Check Flat $865.06 $840.35 $817
7.133 Inspection Flat $818.26 $794.89 $773
Hazardous Use by Square Footage (New Construction or added space 0-1,999 Square Feet
7.134 Plan Check Flat $247.16 $240.10 $233
7.135 Inspection Flat $233.79 $227.11 $221
2,000-4,999 Square Feet
7.136 Plan Check Flat $432.53 $420.18 $408
7.137 Inspection Flat $409.14 $397.45 $386
5,000-9,999 Square Feet
7.138 Plan Check Flat $617.90 $600.25 $583
7.139 Inspection Flat $584.47 $567.78 $552
10,000-24,999 Square Feet
7.140 Plan Check Flat $741.48 $720.30 $700
7.141 Inspection Flat $701.37 $681.34 $662
25,000-49,999 Square Feet
7.142 Plan Check Flat $926.85 $900.38 $875
7.143 Inspection Flat $876.71 $851.67 $828
50,000-100,000 Square Feet
7.144 Plan Check Flat $1,050.43 $1,020.43 $992
7.145 Inspection Flat $993.61 $965.23 $938
>100,000 Square Feet
7.146 Plan Check Flat $1,235.80 $1,200.51 $1,167
7.147 Inspection Flat $1,168.95 $1,135.56 $1,104
Shell Buildings for All Commercial Uses (New Construction or added 0-1,999 Square Feet
7.148 Plan Check Flat $247.16 $240.10 $233
7.149 Inspection Flat $233.79 $227.11 $221
2,000-4,999 Square Feet
7.150 Plan Check Flat $308.95 $300.13 $292
7.151 Inspection Flat $292.24 $283.89 $276
5,000-9,999 Square Feet
7.152 Plan Check Flat $370.74 $360.15 $350
7.153 Inspection Flat $350.69 $340.67 $331
10,000-24,999 Square Feet
7.154 Plan Check Flat $432.53 $420.18 $408
7.155 Inspection Flat $409.14 $397.45 $38617 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 20
Menifee Mayor and City Council
June 18, 2025
Page
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
25,000-49,999 Square Feet
7.156 Plan Check Flat $556.11 $540.23 $525
7.157 Inspection Flat $526.02 $511.00 $497
50,000-100,000 Square Feet
7.158 Plan Check Flat $679.69 $660.28 $642
7.159 Inspection Flat $642.92 $624.56 $607
>100,000 Square Feet
7.160 Plan Check Flat $865.06 $840.35 $817
7.161 Inspection Flat $818.26 $794.89 $773
Buildings for Commercial Uses (New Construction or added Space for 0-1,999 Square Feet
7.162 Plan Check Flat $247.16 $240.10 $233
7.163 Inspection Flat $233.79 $227.11 $221
2,000-4,999 Square Feet
7.164 Plan Check Flat $308.95 $300.13 $292
7.165 Inspection Flat $292.24 $283.89 $276
5,000-9,999 Square Feet
7.166 Plan Check Flat $370.74 $360.15 $350
7.167 Inspection Flat $350.69 $340.67 $331
10,000-24,999 Square Feet
7.168 Plan Check Flat $432.53 $420.18 $408
7.169 Inspection Flat $409.14 $397.45 $386
25,000-49,999 Square Feet
7.170 Plan Check Flat $556.11 $540.23 $525
7.171 Inspection Flat $526.02 $511.00 $497
50,000-100,000 Square Feet
7.172 Plan Check Flat $679.69 $660.28 $642
7.173 Inspection Flat $642.92 $624.56 $607
>100,000 Square Feet
7.174 Plan Check Flat $865.06 $840.35 $817
7.175 Inspection Flat $818.26 $794.89 $773
Tenant Improvement (New Construction, Additions and Major Remodels for All Occupancies other than H and R)
0-1,999 Square Feet
7.176 Plan Check Flat $247.16 $240.10 $233
7.177 Inspection Flat $233.79 $227.11 $221
2,000-4,999 Square Feet
7.178 Plan Check Flat $308.95 $300.13 $292
7.179 Inspection Flat $292.24 $283.89 $276
5,000-9,999 Square Feet
7.180 Plan Check Flat $370.74 $360.15 $350
7.181 Inspection Flat $350.69 $340.67 $33118 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 21
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June 18, 2025
Page
120 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
10,000-24,999 Square Feet
7.182 Plan Check Flat $432.53 $420.18 $408
7.183 Inspection Flat $409.14 $397.45 $386
25,000-49,999 Square Feet
7.184 Plan Check Flat $556.11 $540.23 $525
7.185 Inspection Flat $526.02 $511.00 $497
50,000-100,000 Square Feet
7.186 Plan Check Flat $679.69 $660.28 $642
7.187 Inspection Flat $642.92 $624.56 $607
>100,000 Square Feet
7.188 Plan Check Flat $865.06 $840.35 $817
7.189 Inspection Flat $818.26 $794.89 $773
7.20 Tenant Improvement (TI) Fees
(Commercial/Multi-Family/Industrial)
Project Valuation/Valuation Multiplier
($0-$5,900)/$199 Flat Fee
$5,701-$25,000/.033 Valuation Multiplier
$25,001-$50,000/.020 Valuation Multiplier
$50,001-$250,000/.010 Valuation Multiplier
$250,001-$500,000/.009 Valuation Multiplier
$500,001-$1,000,000/.006 Valuation Multiplier
Over $1,000,000/.007 Valuation Multiplier
Project
Valuation/Valuation
Multiplier
($0-$5,900)/$199
Flat Fee
$5,701-$25,000/.033
Valuation Multiplier
$25,001-
$50,000/.020
Valuation Multiplier
$50,001-
$250,000/.010
N/A
8. PLANNING
Flat Fees
8.01 Accessory Dwelling Unit* Flat $2,881.61 $2,799.31 $2,721 Appeal
8.02 Appeal - 1st Flat $3,994.06 $3,879.99 $3,771
8.03 Appeal - 2nd Flat $3,489.96 $3,390.29 $3,295
Conditional Use Permit*
8.04 Major Flat $16,043.11 $15,584.91 $15,149
8.05 Major Revision Flat $8,021.55 $7,792.45 $7,574
8.06 Minor Flat $4,442.90 $4,316.01 $4,195
8.07 Minor Revision Flat $3,332.18 $3,237.01 $3,146
8.08 Environmental Assessment/Negative Declaration Flat $7,364.77 $7,154.43 $6,954
8.09 Environmental Determination (All Disc. Apps) Flat $330.52 $321.08 $312
8.10 Film Permit (< 3 Days) Flat $105.90 $102.88 $100
8.11 Final Site Development* Flat $5,965.52 $5,795.14 $5,633
8.12 Home Based Business Flat $223.25 $216.87 $211
8.13 Land Division Phasing Map* Flat $8,381.76 $8,142.37 $7,915 Landscape Plan Review* 19 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 22
Menifee Mayor and City Council
June 18, 2025
Page
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
8.14 Commercial Flat $2,950.97 $2,866.69 $2,786
8.15 Industrial Flat $2,508.33 $2,436.69 $2,369
8.16 Front Yard Typicals Flat $2,027.62 $1,969.71 $1,915
8.17 Open Space Flat $4,389.67 $4,264.30 $4,145
8.18 Landscape Inspection Flat $597.69 $580.62 $564
8.19 Minor Exception Flat $550.43 $534.71 $520
8.20 Mobile Food Trucks* Flat $738.42 $717.33 $697
8.21 Multi-Family Ministerial Review - SB35* Flat $12,257.20 $11,907.13 $11,574
8.22 New Business Regulation Review Flat $43.42 $42.18 $41
8.23 Noise Exception - Single Event* Flat $727.12 $706.35 $687
8.24 Public Convenience & Necessity W/O CUP* Flat $2,790.39 $2,710.70 $2,635
8.25 Planning Commission Hearing Flat $3,397.93 $3,300.88 $3,209
8.26 Planning Review Fee* Flat $197.05 $191.42 $186
Plot Plan - Major*
8.27 Major Flat $31,098.44 $30,210.26 $29,365
8.28 Revision Flat $15,549.22 $15,105.13 $14,683
Plot Plan - Minor*
8.29 Minor (New Development) Flat $4,945.35 $4,804.11 $4,670
8.30 Revision Flat $3,709.01 $3,603.08 $3,502
8.31 Detached Accessory Structure* Flat $2,795.33 $2,715.49 $2,640
8.32 Model Home Complex (Includes Sign Pkg)* Flat $3,326.22 $3,231.22 $3,141
8.33 Shipping Containers* Flat $828.29 $804.63 $782
8.34 Tree Removal / Replacement Permit* Flat $1,197.27 $1,163.08 $1,131
8.35 Wall & Fence Plan Review* Flat $3,282.76 $3,189.00 $3,100
8.36 Pre-Application Review Flat $2,647.57 $2,571.95 $2,500
8.37 Pre-Existing Non-Conforming Use Verification* Flat $1,770.04 $1,719.49 $1,671
8.38 Reasonable Accommodation* Flat $1,636.20 $1,589.47 $1,545
8.39 SB9 Urban Lot Split Fee* Flat $5,333.26 $5,180.94 $5,036
8.40 Sidewalk Vending Permit Application* Flat $736.02 $715.00 $695
8.41 Sign Admin Relief Review* Flat $667.19 $648.13 $630 Sign Permit*
8.42 Affixed To Building Flat $313.48 $304.53 $296
8.43 Monument - Comm / Ind / Res Flat $1,143.96 $1,111.29 $1,080
8.44 Temporary (Commercial) Flat $223.32 $216.94 $211
8.45 Sign Program* Flat $3,478.67 $3,379.32 $3,285
8.46 Sign Program Amendment* Flat $832.72 $808.94 $786
8.47 Similar Use Determination * Flat $1,806.43 $1,754.84 $1,706
8.48 Site Plan Conceptual Review Flat $4,206.11 $4,085.98 $3,972
8.49 Small Wireless Facility/Eligible Facilities Request* Flat $4,268.91 $4,146.99 $4,031
8.50 Substantial Conformance* Flat $4,176.22 $4,056.95 $3,943 Tentative Parcel Map*
8.51 Commercial / Industrial Flat $14,670.15 $14,251.17 $13,85220 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 23
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June 18, 2025
Page
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Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
8.52 Finance Flat $8,241.38 $8,006.00 $7,782
8.53 Residential Flat $14,670.15 $14,251.17 $13,852
8.54 Revised Flat $11,002.62 $10,688.38 $10,389
8.55 Minor Condition Change Flat $5,501.31 $5,344.19 $5,195 Time Extension*
8.56 City Approved Project Flat $4,288.58 $4,166.10 $4,050
8.57 Plot Plan (5-10 Yrs) Flat $7,325.01 $7,115.81 $6,917 Temporary Use Permit*
8.58 Major Flat $2,149.91 $2,088.51 $2,030
8.59 Major (501C) Flat $1,074.96 $1,044.26 $1,015
8.60 Minor Flat $1,215.87 $1,181.14 $1,148
8.61 Minor (501C) Flat $607.93 $590.57 $574
Variance*
8.62 Filed Alone Flat $5,942.35 $5,772.63 $5,611
8.63 Filed With Other Applications Flat $2,760.83 $2,681.98 $2,607
8.64 Zoning Information Letter Flat $500.18 $485.89 $472
8.65 Additional Plan Check % of Application Fee $0.27 $0.26 25%
8.66 Technology Surcharge Fee % of Building, $0.06 $0.06 5.7%
8.67 Planning Application Refund Processing Fee
Deposit Based Fees*
8.67 Surface Mining & Reclamation Act Deposit Yes $20,000.00 $20,575.60 $20,000
8.68 Annexation Request Deposit Yes $20,000.00 $20,575.60 $20,000
8.69 Zone Change Deposit Yes $5,000.00 $5,143.90 $5,000
8.70 Development Agreement Deposit Yes $10,000.00 $10,287.80 $10,000
8.71 EIR Review Deposit Yes $20,000.00 $20,575.60 $20,000
8.72 Expedited Environmental Habitat Review Deposit Yes $1,500.00 $1,543.17 $1,500
8.73 General Plan Amendment Deposit Yes $10,000.00 $10,287.80 $10,000
8.74 Planned Unit Development Deposit Yes $10,000.00 $10,287.80 $10,000
8.75 Specific Plan Deposit Yes $20,000.00 $20,575.60 $20,000
8.76 Specific Plan Amendment Deposit Yes $10,000.00 $10,287.80 $10,000
8.77 Sphere Of Influence Amendment Deposit Yes $10,000.00 $10,287.80 $10,000
8.78 Study Review/Scoping Agreement Deposit Yes $1,000.00 $1,028.78 $1,000
8.79 Ag Preserve Cancellation Deposit Yes $5,000.00 $5,143.90 $5,000
8.80 Tentative Tract Map Deposit Yes $20,000.00 $20,575.60 $20,000
8.81 Tentative Tract Map - Revision Deposit Yes $10,000.00 $10,287.80 $10,000
8.82 Historic Property Preservation Deposit Yes $5,000.00 $5,143.90 $5,000
8.83 Hazardous Waste Facility Siting Permit Deposit Yes $20,000.00 $20,575.60 $20,000
8.84 Hog Ranch Processing Deposit Yes $10,000.00 $10,287.80 $10,000
8.85 Noise Exception - On-Going Event Deposit Yes $5,000.00 $5,143.90 $5,000
8.86 MSHCP HANS Deposit Yes $2,000.00 $2,057.56 $2,000
9. ENGINEERING
Rough Grading / Drainage Plan Check (Single Family Residence)* 21 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 24
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June 18, 2025
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
9.01 1-50 Lots Flat $4,069.35 $3,953.13 $3,843
9.02 51-75 Lots Flat $11,547.27 $11,217.48 $10,904
9.03 75- 200 Lots Flat $17,126.15 $16,637.02 $16,172
9.04 200+ Lots Deposit $21,180.52 $20,575.60 $20,000
Precise Grading / Drainage Plan Check (Single Family Residence)*
9.05 1-50 Lots Flat $3,889.05 $3,777.98 $3,672
9.06 51-75 Lots Flat $6,460.78 $6,276.26 $6,101
9.07 75- 200 Lots Flat $13,851.64 $13,456.03 $13,080
9.08 200+ Lots Deposit $15,885.39 $15,431.70 $15,000
9.09 Standalone Single Family Grading Flat $5,802.94 $5,637.21 $5,480 Rough Grading/Drainage Plan Check (Multiple Family Residence, Commercial, Industrial)*
9.10 0-50K Sqft Flat $7,177.35 $6,972.36 $6,777
9.11 >50K-100K Sqft Flat $9,167.84 $8,906.00 $8,657
9.12 >100K-500K Sqft Flat $10,605.78 $10,302.88 $10,015
9.13 >500K-1mil Sqft Flat $12,517.74 $12,160.23 $11,820
9.14 >1mil+ Sqft Deposit Yes $15,000 $15,431.70 $15,000 Precise Grading/Drainage Plan Check (Multiple Family Residence, Commercial, Industrial)*
9.15 0-50K Sqft Flat $7,018.38 $6,817.93 $6,627
9.16 >50K-100K Sqft Flat $10,272.64 $9,979.25 $9,700
9.17 >100K-500K Sqft Flat $15,214.96 $14,780.42 $14,367
9.18 >500K-1mil Sqft Flat $16,769.37 $16,290.43 $15,835
9.19 >1mil+ Sqft Deposit Yes $20,000.00 $20,575.60 $20,000
9.20 Plan Check Revision Deposit Yes $10,000.00 $10,287.80 $10,000
9.21 Extra Plan Check 1/4 Initial Fee 1/4 Initial Fee 1/4 Initial Fee Encroachment and Public Improvements*:
9.22 Encroachment Permit Issuance Per Permit $108.80 $105.69 $103
9.23 Encroachment Plan Review Base $625.84 $607.97 $591
9.24 Per plan sheet Per Plan Sheet $312.93 $303.99 $295 Encroachment Permits*:
9.25 Permits per Event under existing annual permit Flat $64.00 $62.17 $60
9.26 Permits for One Day Work Flat $458.95 $445.84 $433
9.27 Permits Exceeding One Day Work Base $458.95 $445.84 $433
9.28 Permits for Major Projects Deposit Yes $1,500.00 $1,543.17 $1,500
9.29 Permits for One Day Work, Multiple Locations Deposit Yes $513 $527.31 $513
9.30 Permits for Night-Time Work Base $582.43 $565.80 $550
9.31 Additional Review (Traffic Control) Per Hour $167.73 $162.94 $158
9.32 Additional Inspection Per Hour $145.61 $141.45 $137 Public Improvement Plan Review*: (Assumes up to 3 plan reviews, anything beyond 3 would be charged time and material). 22 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 25
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June 18, 2025
Page
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Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
9.33 $0-$500,000 Base $9,068.99 $8,809.98 $8,564
9.34 $500,000 Base $9,068.99 $8,809.98 $8,564
9.35 Per $1,000 Each Add'l $9.32 $9.05 $8.80
9.36 $1,000,000 Base $13,726.61 $13,334.57 $12,962
9.37 Per $1,000 Each Add'l $3.12 $3.03 $2.95
9.38 $5,000,000 Base $26,203.94 $25,455.55 $24,743
9.39 Per $1,000 Each Add'l $1.33 $1.29 $1.25
9.40 $10,000,000 Base $32,820.11 $31,882.76 $30,991
9.41 Per $1,000 Each Add'l $1.38 $1.34 $1.30
9.42 $25,000,000 Base $53,523.62 $51,994.97 $50,540
9.43 Per $1,000 Each Add'l $0.69 $0.67 $0.65
9.44 Public Improvement Inspection* Base Deposit $0.03 $0.03 3%
9.45 Landscaping Improvements* Each $4,744.43 $4,608.93 $4,480
9.46 Neighborhood Park* Per Application $10,678.61 $10,373.63 $10,083
9.47 Community Park* Per Application $13,915.80 $13,518.36 $13,140
9.48 Regional Park* Per Application $16,380.82 $15,912.98 $15,468
9.49 Signing & Striping (if not included in the street improvement plans)* Base $2,628.38 $2,553.31 $2,482
9.50 Per Sheet* Per Sheet $469.39 $455.98 $443
9.51 Traffic Signal* Per Signal $6,217.63 $6,040.05 $5,871
9.52 Minor Modification of Traffic Signals* Per Signal $2,884.42 $2,802.04 $2,724
9.53 Plan Check Revision Deposit Yes $10,000 $10,287.80 $10,000
9.54 Extra Plan Check 1/4 of Initial Fee 1/4 of Initial Fee 1/4 of Initial Fee 1/4 of Initial Fee Grading/Drainage Inspection*
9.55 Residential up to 1 acre Flat $1,996.26 $1,939.25 $1,885
9.56 Residential 1+ acres Deposit Yes $3,000 $3,086.34 $3,000 Traffic Engineering Exhibits*
9.57 Traffic Control Plan Per Plan Sheet $47.65 $46.29 $45
9.58 Per Sheet Per Sheet $351.39 $341.35 $332
9.59 Trip Generation Letter Base $888.31 $862.94 $839
9.60 Per study Per Study $1,137.82 $1,105.32 $1,074
9.61 Small Study (<500 ADT) Base $888.31 $862.94 $839
9.62 Per study Per Study $2,007.92 $1,950.57 $1,896
9.63 Typical TIA (500-1,000 ADT) Base $888.31 $862.94 $839
9.64 Per study Per Study $3,346.52 $3,250.94 $3,160
9.65 Large TIA (1,000+ ADT) Base $888.31 $862.94 $839
9.66 Per study Per Study $5,354.43 $5,201.51 $5,056
9.67 Parking Study Base $888.31 $862.94 $839
9.68 Per study Per Study $2,844.54 $2,763.30 $2,686
Final Parcel Maps
9.69 Residential Parcel Map* Per Map $10,639.58 $10,335.71 $10,047 Commercial/Industrial Parcel Map*
9.70 <20 acres Base Per Map $14,019.25 $13,618.86 $13,23823 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 26
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June 18, 2025
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
9.71 Per additional acre Per Additional Acre $124.43 $120.88 $118 Final Tract Map*
9.72 5-20 Lots Per Map $10,028.04 $9,741.64 $9,469
9.73 21-50 Lots Per Map $14,535.98 $14,120.83 $13,726
9.74 51-100 Lots Per Map $19,155.03 $18,607.96 $18,087
9.75 100+ Lots Deposit Yes $20,000 $20,575.60 $20,000
9.76 Amendment to final map Per Application $6,095.03 $5,920.95 $5,755 Survey/Mapping Review*
9.77 Lot Line Adjustment / Merger Per Application $4,477.87 $4,349.98 $4,228
9.78 Survey Monument Field Inspection Base $584.79 $568.09 $552
9.79 Plus deposit determined by staff with charges for actual outside costs Deposit
9.80 Record of Survey Plan Check Per Plan Sheet $3,357.27 $3,261.39 $3,170
9.81 Condominium Conversion Review Initial deposit plus any outside costs
9.82 Certificate of Compliance Per Application $3,750.69 $3,643.57 $3,542
9.83 Substantial Compliance Per Application $2,092.76 $2,032.99 $1,976
9.84 Reversion to Acreage Per Application $3,825.34 $3,716.09 $3,612
9.85 Certificate of Correction Issuance Per Application $2,983.10 $2,897.90 $2,817
9.86 Vacation Per Application $4,830.63 $4,692.67 $4,561
9.87 Initial deposit if involving Public Road currently in use with charges at the fully allocated hourly rates of involved personnel plus any outside costs Deposit Yes $10,000.00 $10,287.80 $10,000
9.88 Quitclaim Per Application $3,258.62 $3,165.55 $3,077
9.89 Easement Processing Per Application $3,230.66 $3,138.39 $3,051
9.90 Parking Covenant Review Per Application $2,740.01 $2,661.75 $2,587
9.91 CC&R Deposit Yes $3,000.00 $3,086.34 $3,000
Water Quality/Stormwater*
Preliminary Water Quality Management Plan Review (WQMP)*
9.92 Small Flat $4,516.29 $4,387.30 $4,265
9.93 Medium Flat $6,242.87 $6,064.57 $5,895
9.94 Large Flat $7,063.69 $6,861.95 $6,670
9.95 Final WQMP w/ Approved Prelim Per Application $6,369.24 $6,187.33 $6,014 Final WQMP w/o Approved Prelim*
9.96 Small Flat $3,768.24 $3,660.62 $3,558
9.97 Medium Flat $4,612.81 $4,481.07 $4,356
9.98 Large Flat $6,272.65 $6,093.50 $5,923
Stormwater Inspection: Commercial / Industrial Businesses*
9.99 Low Priority Per Inspection $399.86 $388.44 $378
10.00 Medium/High Priority Per Inspection $596.22 $579.19 $563 Reports/Studies
9.100 Drainage Study Deposit Yes $2,500.00 $2,571.95 $2,500
9.101 Geotechnical Study Flat $2,028.02 $1,970.10 $1,91524 of 26 Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 27
Menifee Mayor and City Council
June 18, 2025
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CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
9.102 ESA Flat $1,190.73 $1,156.72 $1,124
9.103 Traffic Scoping Study Deposit Yes $1,915 $1,970.10 $1,915 Special Districts*
9.104 CFD/LMD Annexation Per Application $2,777.77 $2,698.44 $2,623
9.105 Plus initial deposit determined by staff with charges for any outside or legal costs Deposit Yes $5,000.00 $5,143.90 $5,000
9.106 CFD/Assessment District Audit Initial deposit Yes $10,000.00 $10,287.80 $10,000
9.107 Assessment District Formation Initial deposit Yes $20,000.00 $20,575.60 $20,000 Bonds
9.108 Bond Release Base $1,290.35 $1,253.50 $1,218
9.109 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit Yes $2,000.00 $2,057.56 $2,000
9.110 Bond Reduction Base $1,509.40 $1,466.29 $1,425
9.111 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit Yes Actual Cost $3,086.34 $3,000
9.112 Bond Replacement Base $1,290.35 $1,253.50 $1,218
9.113 Plus deposit determined by staff with actual charges for GIS database changes and inspections Deposit Yes $2,000.00 $2,057.56 $2,000
9.114 Initial Bond Posting $2,000 Deposit $1,843.37 $1,790.72 $1,741 Misc Services
9.115 TUMF Audit Initial deposit Yes $10,000.00 $10,287.80 $10,000
9.116 Misc. Engineering Agreements Initial deposit Yes $10,000.00 $10,287.80 $10,000
9.117 City Property Acquisition Process* Base $2,662.47 $2,586.43 $2,514
9.118 Plus initial deposit with charges for any outside costs Deposit Yes $5,000.00 $5,143.90 $5,000
9.119 Street Name Change* Flat $833.52 $809.71 $787
9.120 Block Party Processing* Per Application $452.18 $439.27 $427 Wide and Overload Permit^
9.121 Daily Per Permit Yes $16.00 $360.00 $16
9.122 Annual Per Permit Yes $90.00 $360.00 $90
Other Fees:
9.123 Haul Route Review Flat $908.37 $882.43 $858
9.124 Misc Planning/Engineering Review Deposit Yes $5,000 $5,143.90 $5,000
9.125 Borrow Site Plan Check* Per Application $1,364.37 $1,325.40 $1,288
9.126 Stockpile Plan Check* Per Application $1,434.43 $1,393.46 $1,354
9.127 Stockpile/Borrow Site Inspection* Deposit Yes $587 $604.05 $587
9.128 Technology Surcharge Fee % of Building, 5.7% 5.7% 5.7% ^ State / Federally Regulated or Set Fee
+
* Subject to Technology Fee.
Subject to General Plan Maintenance Fee - but only if new construction or major redevelopment. Other valuation-based projects such as smaller additions may not be eligible.
Legend & Notes:
25 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 28
Menifee Mayor and City Council
June 18, 2025
Page
127 of 1187
CITY OF MENIFEE EXHIBIT B: 2022 USER FEE SCHEDULE (WITH 2025 ADJUSTMENT EFFECTIVE 7/1/2025) Unit Deposit Based
Fee (2) 7/1/2025 Fee
(CPI)
Fee
No.
2022 Adopted
FeeFee Title 2024 Adopted
Fee (7/15/2024)
(1)
(2)
Note: All permits in this fee schedule assume a standard scope of work. If any project or application falls outside of the typical or standard scope of work, the Community Development Director or Public Works Director has the discretion to charge time and materials for that application or project.
The Building Division's ADU Permit is inclusive of both plan check and permit and all MEPs.
Begininning 7/1/2025, All Deposit Based Fees will be reverted and maintained at the 2022 adopted fee amount, and exempt from annual adjustments. 26 of 26
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 29
Menifee Mayor and City Council
June 18, 2025
Page
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City of Menifee
Development Impact Fee (DIF) Schedule
Effective 7/1/2025
Animal General Parks Transportation
Shelter Govt. & Rec Impact Fees
Single Family Unit $105 $1,316 $724 $1,035 $1,928 $7,943 $13,052 Multi-Family Unit $83 $1,030 $566 $810 $1,509 $4,012 $8,010 Commercial / Retail - $0.76 $0.95 $0.53 - $19.35 $21.59 Commercial / Service / Office - $2.09 $2.64 $1.48 - $9.22 $15.43 Industrial / Business Park - $0.28 $0.36 $0.19 - $5.22 $6.04 Storm Drain Impact Fees
Storm Drain Impact Fees A_A A_B A_C B_A B_B F_A F_C F_E Single Family Unit $11,187 $291 $5,253 $737 $2,133 $155 $2,271 $531 Multi-Family Unit $4,052 $106 $1,903 $266 $773 $56 $822 $192 Commercial / Retail $5.98 $0.16 $2.81 $0.40 $0.00 $0.08 $0.00 $0.29 Commercial / Service / Office $0.00 $0.10 $1.87 $0.27 $0.00 $0.06 $0.00 $0.19 Industrial / Business Park $0.00 $0.00 $0.00 $0.35 $0.00 $0.00 $0.00 $0.00 Year 0 Year 1 Year 2 Year 3
(Effective 7/1/2025)
Year 4
(Estimate, subject to future
CCI adjustments)
Year 5
(Estimate, subject to
future CCI adjustments)
Difference
between the
Current Fee
and 2025 New
Full Year Fee
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 (K) 5% 25% 50% 75% 100%
Commercial /
Retail $0.28 $0.30 $0.41 $0.59 $0.67 $0.76 $0.35
Commercial /
Service /
Office
$0.37 $0.45 $0.85 $1.47 $1.38 $2.09 $1.24
Commercial /
Retail $0.46 $0.48 $0.59 $0.77 $0.75 $0.95 $0.36
Commercial /
Service /
Office
$0.61 $0.70 $1.17 $1.91 $1.80 $2.64 $1.47
Commercial /
Retail $0.06 $0.08 $0.19 $0.36 $0.33 $0.53 $0.34
Commercial /
Service /
Office
$0.08 $0.14 $0.47 $0.97 $0.90 $1.48 $1.01
Commercial /
Retail
$8.38 $8.83 $11.35 $15.35 $14.83 $19.35 $8.00
Commercial /
Service /
Office
$6.44 $6.53 $7.15 $8.19 $8.08 $9.22 $2.07
Nonresidential Fee Per Sq. Ft.
Land Use Fire Law Enf.
Total
Maximum
Fee,
Excluding
Storm DrainResidential Fee Per Dwelling Unit
Residential Fee Per Dwelling Unit
Nonresidential Fee Per Sq. Ft. (With Phase In Rates for Commercial Retail & Office) Transportation Impact Fees
Phased-In DIF Fees (Per Sq. Ft.)
Cumulative % Increase (Column J)
General Government
Fire
Law Enforcement
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 30
Menifee Mayor and City Council
June 18, 2025
Page
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City of Menifee
Development Impact Fee (DIF) Schedule
Effective 7/1/2025
Current Year 1 Year 2 Year 3
(Effective 7/1/2025) Year 4 Year 5
Difference
between the
Current Fee and
New Fee
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 (K) 5% 25% 50% 75% 100%
A_A Commercial /
Retail $0.42 $2.60 $5.98 $7.67 $9.36 $6.75
Commercial /
Retail $0.01 $0.07 $0.16 $0.20 $0.25 $0.18
Commercial /
Service /
Office
$0.01 $0.05 $0.10 $0.13 $0.16 $0.11
Commercial /
Retail $0.20 $1.22 $2.81 $3.60 $4.40 $3.17
Commercial /
Service /
Office
$0.13 $0.81 $1.87 $2.39 $2.92 $2.11
Commercial /
Retail $0.03 $0.18 $0.40 $0.51 $0.63 $0.45
Commercial /
Service /
Office
$0.02 $0.12 $0.27 $0.34 $0.41 $0.30
Commercial /
Retail $0.01 $0.04 $0.08 $0.10 $0.12 $0.09
Commercial /
Service /
Office
$0.00 $0.02 $0.06 $0.07 $0.09 $0.07
Commercial /
Retail $0.02 $0.12 $0.29 $0.37 $0.45 $0.32
Commercial /
Service /
Office
$0.01 $0.08 $0.19 $0.25 $0.30 $0.22
F_E
Storm Drain Impact Fee Phased-In DIF Fees
Cumulative % Increase (Column J)
A_B
A_C
B_A
F_A
Item Title: 10.9
2025 Citywide User Fee and Development Impact Fee Annual Adjustments Item Page Number: 31
Menifee Mayor and City Council
June 18, 2025
Page
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CITY OF MENIFEE
SUBJECT: Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records
MEETING DATE: June 18, 2025
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Economic Development Manager REVIEWED BY: Bryan Jones, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution authorizing access for Urban3, LLC to access and examine the City’s sales and use tax and transaction and use tax records to support the City’s Land Use Analysis.
DISCUSSION
On November 6, 2024, the City of Menifee entered into an agreement with Urban3, LLC to perform a Land Use Analysis. This analysis aims to evaluate the City’s current land use and associated economic impacts in order to establish a fiscal baseline reflecting the City's existing growth patterns. As part of this effort, the consultant would examine the City's sales tax generation in relation to development activity. To facilitate this component of the analysis, authorization is required to grant Urban3, LLC access to the City’s sales and use tax, and transactions and use tax records.
Pursuant Revenue and Taxation Code Section 7270, the City entered into a contract with the State Board of Equalization (Board) to perform all functions related to the administration and operation of the sales and use tax and the transaction and use tax, Ordinance No. 2016-199. As a result, the City was required to adopt a resolution, designating authorized representatives to examine the City’s sales and use tax and transaction and use tax records that are generated and maintained by the Board. The latest resolution adopted for this purpose was Resolution No. 24- 1426 adopted on June 5, 2024, and authorized the City Manager, Assistant City Manager, Chief Financial Officer (CFO), Deputy Finance Director, other officers or employees so designated, and Hinderliter, de Llamas (HdL) Company, the City’s independent sales tax consultant, to receive correspondence from the Board and to receive sales and use tax and transaction and use tax data from the board for analytic purposes. In alignment with efforts mentioned above, the proposed resolution would allow Urban 3, LLC to access the City’s sales and use tax and transaction and use tax data, which is necessary to complete the City’s Land Use Analysis.
Item Title: 10.10
Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records Item Page Number: 1
Menifee Mayor and City Council
June 18, 2025
Page
131 of 1187
City of Menifee Staff Report
Sales Tax Records Resolution
June 18, 2025
2 7
6 7
STRATEGIC PLAN OBJECTIVE
Thriving Economy
This resolution will support the City's Land Use Analysis that is currently in process.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Resolution
Item Title: 10.10
Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records Item Page Number: 2
Menifee Mayor and City Council
June 18, 2025
Page
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RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AUTHORIZING THE EXAMINATION OF THE CITY'S
TRANSACTIONS AND USE TAX RECORDS.
WHEREAS, pursuant to Ordinance No. 2016-199 of the City of Menifee (“City”) and Section 7270 of the Revenue and Taxation Code, the City entered into a contract with the State Board of Equalization (“Board of Equalization” or “Board”) to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and, WHEREAS, the City deems it desirable and necessary for authorized representatives of the City to examine confidential transactions and use tax records of the State Board of Equalization pertaining to transactions and use taxes collected by the Board for the City pursuant to that contract; and,
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board;
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:
Section 1. That the City Manager, Finance Director, Accounting Manager, or other officer or employee of the City designated in writing by either the City Manager or Finance Director to the Board of Equalization is hereby appointed to represent the City with authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the City's transactions and use taxes by the Board pursuant to the contract.
Section 2. That the City Manager, Finance Director, Accounting Manager, or other officer or employee of the City designated in writing by the City Manager or Finance Director to the Board of Equalization is hereby appointed to represent the City with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the City:
a) Administrative
b) Budgeting & Forecasting
c) Economic Development
d) Monetary Oversight
e) Planning
The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas (HdL) Companies is hereby designated to examine the transactions and use tax records of the Board of Equalization pertaining to transactions and use taxes collected for the City by the Board. The person or entity designated by this section Item Title: 10.10
Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records Item Page Number: 3
Menifee Mayor and City Council
June 18, 2025
Page
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meets all of the following conditions:
a) has an existing contract with the City to examine those transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those transactions and use tax records only to the officer or employee authorized under Section 1 or Section 2 of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired.
Section 4. That Urban3, LLC, is hereby designated to examine the transactions and use tax records of the Board of Equalization pertaining to transactions and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions:
a) has an existing contract with the City to examine those transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those transactions and use tax records only to the officer or employee authorized under Section 1 or Section 2 of this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired.
Section 5. This Resolution is not subject to the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq.) (“CEQA”) pursuant to sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activities are not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
Section 7. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this ___ day of ________, 2025.
Ricky Estrada, Mayor
Item Title: 10.10
Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records Item Page Number: 4
Menifee Mayor and City Council
June 18, 2025
Page
134 of 1187
Attest:
Stephanie Roseen, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Authorization for Urban 3, LLC to Access Sales and Use Tax and Transaction and Use Tax Records Item Page Number: 5
Menifee Mayor and City Council
June 18, 2025
Page
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CITY OF MENIFEE
SUBJECT: Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services
MEETING DATE: June 18, 2025
TO: Mayor and City Council
PREPARED BY: Laura Sportelli, Management Analyst
REVIEWED BY: Orlando Hernandez, Acting Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for on-call plan review, inspection, and permit technician services for the Building and Safety Division in an amount not-to-exceed $600,000 through June 30, 2026.
DISCUSSION
The Building and Safety Division, under the Community Development Department, currently utilizes vendors to provide necessary permit technician, inspection, and plan review services on an on-call, as-needed, basis. The Building and Safety Division engaged 4Leaf, Inc. and Interwest Consulting Group, Inc. during Fiscal Year 2022/2023, following the completion of a competitive Request for Qualification (RFQ) process where the vendors were evaluated and recommended for the department’s professional services short list for Fiscal Years 2022/2023 and 2023/2024. 4Leaf, Inc. and Interwest Consulting Group, Inc. are two of fourteen vendors included on the Community Development short list. On June 19, 2024, the City Council approved the extension of the RFQ on-call list for Fiscal Years 2024/2025 and 2025/2026.
Contingent upon the approval of the Fiscal Years 2025/2026 and 2026/2027 Biennial Budget, and in preparation for the next fiscal year, staff recommends approval of the following Professional Services Agreements (PSAs) outlined in Table 1 below for necessary professional services covering the period of July 1, 2025, to June 30, 2026. The current PSAs are set to expire on June 30, 2025, as they run concurrently with each fiscal year.
New agreements need to be executed to provide for the continuity of service to meet the needs of projects within the City for FY 2025/2026. The contracts will be linked to enable the Building and Safety Division to select from two vendors on an as-needed basis with a coterminous not-to- exceed amount of $600,000 per fiscal year.
Item Title: 10.11
Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services Item Page Number: 1
Menifee Mayor and City Council
June 18, 2025
Page
136 of 1187
City of Menifee Staff Report
On-Call Agreements (Building and Safety)
June 18, 2025
2 7
4 9
TABLE 1: FY 2025/2026 AGREEMENT SUMMARY
Vendors Services Contract Amount Account #
4Leaf, Inc.
Interwest Consulting
Group, Inc.
•Plan Review
•Inspection
•Permit Technician
$600,000 1100-CDD-
BLDG-652800
TOTAL: $600,000
The amount of the proposed agreements exceed the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.060, any agreement amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
The fiscal impact totaling $600,000 for these on-call professional services has been included in the proposed Community Development, Building and Safety Division budget for FY 2025/26 within the General Fund under Professional Services (1100-CDD-BLDG-652800). No additional budget appropriation is required for this action.
ATTACHMENTS
1. Agreement - 4Leaf Inc
2. Agreement - Interwest Consulting Group Inc
Item Title: 10.11
Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services Item Page Number: 2
Menifee Mayor and City Council
June 18, 2025
Page
137 of 1187
2905/031858-0001
18155996.1 a05/08/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW SERVICES,
INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT
TECHNICIAN SERVICES
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 4LEAF, 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, 2026 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.
Item Title: 10.11
Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services Item Page Number: 3
Menifee Mayor and City Council
June 18, 2025
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2905/031858-0001
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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 a sum not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) 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 and under other agreement(s) with other consultant(s) for the same or similar services.
Consultant is guaranteed no minimum amount of work or compensation 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; Item Title: 10.11
Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services Item Page Number: 4
Menifee Mayor and City Council
June 18, 2025
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2905/031858-0001
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 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.
Item Title: 10.11
Agreements with 4Leaf, Inc. and Interwest Consulting Group, Inc. for On-Call Building and Safety Services Item Page Number: 5
Menifee Mayor and City Council
June 18, 2025
Page
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2905/031858-0001
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2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from 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 Item Title: 10.11
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fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(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.
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW SERVICES,
INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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; Item Title: 10.11
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by 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.
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SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
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 Item Title: 10.11
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours 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 Item Title: 10.11
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, 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 Item Title: 10.11
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Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless 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 Item Title: 10.11
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and 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 Item Title: 10.11
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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 Item Title: 10.11
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Tysh Solis (“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, Laura Sportelli, Management 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:
4LEAF, INC
Attn: Tysh Solis
2126 Rheem Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Laura Sportelli, Management Analyst II
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
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 Item Title: 10.11
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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 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
Kevin Duggan, President/Secretary
Gene Barry, Vice-President
[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 FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW
SERVICES, INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES in an aggregate amount not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) for all consultants, including those under separate contract and performing the same or similar services as further detailed in the following page(s).
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EXHIBIT A.
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW SERVICES,
INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT
TECHNICIAN SERVICES
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 INTERWEST CONSULTING GROUP, 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, 2026 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.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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 a sum not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) 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 and under other agreement(s) with other consultant(s) for the same or similar services.
Consultant is guaranteed no minimum amount of work or compensation 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; Item Title: 10.11
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 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.
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2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from 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 Item Title: 10.11
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fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(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.
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW SERVICES,
INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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; Item Title: 10.11
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by 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.
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SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
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 Item Title: 10.11
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours 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 Item Title: 10.11
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, 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 Item Title: 10.11
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Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless 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 Item Title: 10.11
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and 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 Item Title: 10.11
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
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 Item Title: 10.11
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Matt Royer (“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, Laura Sportelli, Management 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:
INTERWEST CONSULTING GROUP, INC
Attn: Matt Royer
9320 Chesapeake Dr, Suite 208
San Diego, CA 92123
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Laura Sportelli, Management Analyst II
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
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 Item Title: 10.11
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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 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
Thomas P. Wilkas, CFO
Matthew Royer, 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 FY2025/26 ON-CALL BUILDING AND SAFETY PLAN REVIEW
SERVICES, INSPECTION SERVICES, AND AS NEEDED PROFESSIONAL PERMIT TECHNICIAN SERVICES in an aggregate amount not to exceed Six Hundred Thousand Dollars and Zero Cents ($600,000.00) for all consultants, including those under separate contract and performing the same or similar services as further detailed in the following page(s).
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CITY OF MENIFEE
SUBJECT: Agreement with Access General Contracting, Inc. for On-Call Asphalt Services
MEETING DATE: June 18, 2025
TO: Mayor and City Council
PREPARED BY: Chris Gehrki, Management Analyst II
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Contract Services Agreement with Access General Contracting, Inc. for on-call asphalt services in a total not-to-exceed amount of $625,000 through June 30, 2030
2. Authorize the Finance Department to issue individual purchase orders on an as-needed basis in the aggregate of the not-to-exceed amount approved for the agreement.
DISCUSSION
As part of Public Works Operations Division efforts to maintain the City’s roads, staff have identified a need for contract services to provide asphalt maintenance on several segments of roadway citywide. Asphalt road services are vital to public safety and help reduce damage to vehicles and property. These services include paving, repairing, and sealing roadway segments not large enough to constitute a Capital Improvement Program Project. Contracting this service will allow staff to focus on maintenance services that include potholing, signage, striping, small concrete projects, grading, and graffiti.
On March 11, 2025, staff administered a competitive bid process using the PlanetBids platform and a Notice Inviting Bids (NIB) was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on April 14, 2025. A total of five bids were received as summarized in Table 1 on the following page.
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TABLE 1 – BID RESULT SUMMARY
Firm Name Total Bid Amount Lowest Responsible Bidder
Access General $9,680.00 X
Hardy & Harper $11,167.00
Gentry General Engineering $44,767.50
Copp Contracting $49,022.93
NPG $97,050.00
Staff reviewed the apparent low bidder and determined that Access General met the requirements for recommendation as the lowest responsive and responsible bidder. The intent of the bidding process was to establish an on-call maintenance service that could be accessed on- call as asphalt maintenance services are needed. The total bid amounts above reflect the sum of each unit pricing as requested in the NIB.
In June 2023, the City Council authorized staff to implement the use of a multi-year agreement for pre-qualified service firms to serve as a master agreement that would be established for a specific number of years and with a predetermined not-to-exceed amount for the full agreement term. The proposed multi-year Contract Services Agreement for asphalt services (“Agreement”) is being recommended to ensure timely engagement of safety related maintenance services in the Public Works Operations Division. Approval of the Agreement would serve to support efficient request processing, transparent expenditure tracking, and expand staff options for effective solutions in response to customer roadway concerns.
The Agreement would not exceed $625,000, for the proposed term spanning five fiscal years (FY) 2025/2026 through 2029/2030, with the annual estimated budget of $125,000. Services requested against the Agreement would not exceed the total available and approved maintenance budgets at the time of request. In no event would the cumulative amount of the purchase orders or direct payments issued against the Agreement exceed the total not-to- exceed amount established by the Agreement.
The amount of the proposed contract exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.060, 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 fiscal impact of the proposed agreement is not-to-exceed $625,000 through the Agreement term of FY 2029/2030, contingent on budget availability per fiscal year. Funding for a portion of the proposed Agreement is included in the proposed FY 2025/2026 and 2026/2027 operating budget within the Gas Tax Fund and multiple Special District Funds that include road maintenance. Funding for future fiscal years 2027/2028, 2028/2029, and 2029/2030 would be budgeted accordingly.
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ATTACHMENTS
1. Agreement
Item Title: 10.12
Agreement with Access General Contracting, Inc. for On-Call Asphalt Services Item Page Number: 3
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CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
PUBLIC WORKS ON-CALL ASPHALT SERVICES
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ACCESS GENERAL CONTRACTING, INC, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit A, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on July 1, 2025 and expire on June 30, 2030, unless earlier terminated in accordance with Section 8 of this Agreement. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall Item Title: 10.12
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follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any Item Title: 10.12
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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight Item Title: 10.12
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embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Provisions. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Provisions” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
Item Title: 10.12
Agreement with Access General Contracting, Inc. for On-Call Asphalt Services Item Page Number: 7
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SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed SIX HUNDRED TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($625,000.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
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 Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation.1. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Item Title: 10.12
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Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- Item Title: 10.12
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insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in Item Title: 10.12
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
Item Title: 10.12
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: PUBLIC WORKS ON-CALL ASPHALT 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 Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of Item Title: 10.12
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the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial Item Title: 10.12
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category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or Item Title: 10.12
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subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
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(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to Item Title: 10.12
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provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request Item Title: 10.12
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for Proposal referenced therein, if any, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination Item Title: 10.12
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of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Item Title: 10.12
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Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Any and all reports prepared pursuant to this Subsection are in addition to the reports required by the Special Provisions, if any.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to Item Title: 10.12
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any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Item Title: 10.12
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Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Chris Geherki, Management Analyst II (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
ACCESS GENERAL CONTRACTING, INC
Attn: Albert Tene, Vice President
357 N. Sheridan St. Suite 100
Corona, CA 92880
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Chris Geherki, Management Analyst II
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Item Title: 10.12
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10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Albert Tene, Vice President
Elizabeth Tene, President
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
INTENTIONALLY OMITTED
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include PUBLIC WORKS ON-CALL ASPHALT SERVICES, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed SIX HUNDRED TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($625,000.00) as further detailed in the attached pages (if any). As on on-call services, unit pricing will be used as needed for various projects. If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-08___.
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CITY OF MENIFEE
SUBJECT: Agreement with Parsons Transportation Group, Inc. for Professional Environmental and Engineering Services for the Garbani Road / Interstate 215 Interchange Project
MEETING DATE: June 18, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Parsons Transportation Group, Inc. for Professional Environmental and Engineering Services for the Garbani Road/Interstate 215 Interchange Project, Capital Improvement Program (CIP) Project No. 20-05, in a total not-to-exceed amount of $2,777,240.29 through December 31, 2028.
DISCUSSION
Garbani Road is currently a two-lane, east to west roadway that intersects with Antelope Road on the east side and Haun Road on the west side of Interstate 215 (I-215) but does not currently provide freeway access or continue across the freeway. In order to access the I-215, motorists must detour approximately one to two miles to reach one of three existing I-215 interchanges located at McCall Boulevard, Newport Road, and Scott Road. Motorists simply traveling between the east and west sides of the City must also use one of these three interchanges or navigate to the new Holland Road Overcrossing. Heavy traffic congestion regularly occurs at the existing interchanges and future traffic volumes are expected to well exceed the current capacity of these facilities. Given to the current traffic volumes, and the absence of east/west connectivity over I- 215 at Garbani Road, the Garbani Road/I-215 Interchange Project, CIP No. 20-05 (“Project”) was identified as a priority infrastructure need to support improved traffic flow for current and future development in the City.
The Project is currently in the design phase. The Project Initiation Document (PID) was completed and approved by the California Department of Transportation (“Caltrans”) on August 31, 2023.
With the completion of the PID, the Project is preparing to move to the next design step, which would be the Project Approval and Environmental Documentation (PAED) phase.
Item Title: 10.13
Agreement
with
Parsons
Transportation
Group,
Inc.
for
Professional
Environmental
and
Engineering
Services
for
the
Garbani Road / Interstate 215 Interchange Project
Item Page Number: 1
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City of Menifee Staff Report
CIP 20-05 Parsons Agreement
June 18, 2025