Agenda packet — Menifee City Council, July 16, 2025 (part 3 of 10)

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The Emergency Management Performance Grant (EMPG) Program, administered by the Federal Emergency Management Agency (FEMA) under the U.S. Department of Homeland Security, provides critical funding to assist state, local, tribal, and territorial emergency management agencies in building and sustaining their capabilities. The EMPG program is designed to support comprehensive emergency management at all levels of government by enhancing the capacity to prevent, prepare for, respond to, and recover from all hazards. Each year, the County of Riverside Emergency Management Services (EMS) Department allocates available funding to the Riverside County jurisdictions for such activities.

The City of Menifee has regularly applied for the County of Riverside’s EMPG funding to support its emergency preparedness efforts. Historically, the City has used funding from this program to assist with the Community Emergency Response Team (CERT) Program. The CERT program educates volunteers about disaster preparedness for the hazards that may impact their area and trains volunteers in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT offers a consistent, nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, which allows them to focus on more complex tasks.

Under the FY 2024 EMPG Program, the City has been awarded $15,782 to purchase an additional CERT trailer and CERT equipment during the grant performance period of April 23, 2025, through December 31, 2025. The CERT trailer purchase would provide additional storage of Personal Protective Equipment (PPE) and emergency supplies necessary to support both CERT training activities and active emergency response across the City. The EMPG would also fund the purchase of 50 CERT backpacks (one backpack is provided to each participant who completes the CERT training program).

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact for the acceptance of the FY 2024 EMPG is $15,782 in both revenues and expenditures, to be recognized in FY 2025/26. The amendment would increase the budgeted federal grant revenue within the Grant Fund (2301-441000) and appropriate those funds to supplies for the Fire Department EMS program within the Grant Fund (2301-FIR-300-651501).

This grant requires a $15,782 dollar-for-dollar match by the City which would be provided with existing emergency management staff salaries.

ATTACHMENTS

1. EMPG Award Letter

2. Resolution – EMPG Grant Acceptance

3. Budget Amendment Resolution

4. EMPG Grant Summary Report
Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 2

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City of Menifee Staff Report
FY 2024 Emergency Management Performance Grant
July 16, 2025

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Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 3

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Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 4

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Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 5

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RESOLUTION NO. 25- ______

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

CALIFORNIA AUTHORIZING CERTAIN CITY OFFICIALS OF THE CITY OF MENIFEE OR DESIGNEE TO ACCEPT THE FISCAL YEAR 2024 EMERGENCY

MANAGEMENT PERFORMANCE GRANT PROGRAM AWARD IN THE

AMOUNT OF FIFTEEN THOUSAND, SEVEN HUNDRED AND EIGHTY-TWO DOLLARS ($15,782.00) AND TO AUTHORIZE ALL DOCUMENTS IN THE

FURTHERANCE THEREOF
WHEREAS, the City of Menifee has applied for the Fiscal Year 2024 Emergency Management Performance Grant Program (EMPG) Award in the amount of Fifteen Thousand, Seven Hundred and Eighty-Two Dollars ($15,782.00), Grant No. 2024-0050, CFDA No. 97.067, as made available through and administered by the California Office of Emergency Services ("CalOES") for fiscal year 2024; and
WHEREAS, the City Council desires the City Manager, Assistant City Manager, or designee to accept the aforementioned grant and to execute for and on behalf of the City of Menifee any document, including agreements, amendments, extensions, and grant award documents with CalOES, or other responsible government agency, for the purpose of obtaining federal financial assistance provided by the Fiscal Year 2024 Emergency Management Performance Grant Program (EMPG) Award in the amount of Fifteen Thousand, Seven Hundred and Eighty-Two Dollars ($15,782.00), Grant No. 2024-0050, CFDA No. 97.067.

NOW, THEREFORE, THERE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: The above recitals are true and correct and are incorporated herein.

Section 2:The City Council authorizes the City Manager, Assistant City Manager, or designee to execute for and on behalf of the City of Menifee any document, including agreements, amendments, extensions, and grant award documents with CalOES, or other responsible government agency, for the purpose of obtaining federal financial assistance provided by the Fiscal Year 2024 Emergency Management Performance Grant Program (EMPG) Award in the amount of Fifteen Thousand, Seven Hundred and Eighty-Two Dollars ($15,782.00), Grant No. 2024-0050, CFDA No. 97.067.

Section 3:The City Council hereby authorizes, and does, accept the Fiscal Year 2024 Emergency Management Performance Grant Program (EMPG) Award in the amount of Fifteen Thousand, Seven Hundred and Eighty-Two Dollars ($15,782.00), Grant No. 2024-0050, CFDA No. 97.067.

Section 4:This Resolution shall take effect immediately.

Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 6

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2 PASSED, APPROVED AND ADOPTED this ___ day of July 2025. _________________________
Ricky Estrada, Mayor
Attest:
_________________________________
Stephanie Roseen, City Clerk
Approved as to form:
_________________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 7

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July 16, 2025
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RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2025/26 and Fiscal Year 2026/27 with Resolution 25-1596 on June 18th, 2025; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2025/26 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – GRANT FUND 2301
EXPENDITURE ADJUSTMENT – GRANT FUND 2301
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Grant Fund 2301 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – GRANT FUND 2301
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT

NUMBER AMOUNT
July 16, 2025
Grant: Emergency Management
Performance Grant - EMPG
2301-28-XNC-XNCL-
000-17044-441000 $15,782.00
TOTAL: $15,782.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT

NUMBER AMOUNT
July 16, 2025
Grant: Emergency Management
Performance Grant - EMPG
2301-51-FIR-FRSP-
300-17044-651501 $15,782.00
Total $15,782.00

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $0.00 $15,782.00 $15,782.00
Expenditures $0.00 $0.00 $15,782.00 $15,782.00
Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 8

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July 16, 2025
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Amending the Fiscal Year 2025/26 Grant Fund Budget
Emergency Management Performance Grant
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PASSED, APPROVED AND ADOPTED this 16th day of July, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 9

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July 16, 2025
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CITY OF MENIFEE
F
iscal Year of Grant Award:_____________________________ Date City Council Approved :_____________________________ Grant Name:__________________________________________ Granting Agency:______________________________ __________ City Department:______________________________________ City Grant Administrator:________________________________ Grant Funding Period:__________________________________ Grant Type: Fed State Local Other Grant Purpose/City Program:

F
ederal Grant: If Pass-through Grant:

Federal Awarding Agency __________________________ Pass-through Agency_____________________________ Federal CFDA No.______________________________ Grant ID Number_____________________ Amount Awarded:____________________ City Matching Funds:____________________ Funding Method:_____________________ City Expenditure Account(s):_________________________________________________________________________________________ ____________________________________________________________________________________________________________________ City Revenue Account:_______________________________________________________________________________________________ R
eporting Requirements:

D
oes the funding agency require a compliance audit? ______________ I
f yes, what kind of reporting:_________________________________________________________________________________ D
oes the agency require a copy of the Single Audit report? ______________ C
an grant funds be carried over to other fiscal years? ______________ If yes, which years?_________________________ I
s allocated interest a grant requirement?_______________ This report is completed for each approved grant and forwarded along with the approved council agenda staff report to the Finance Department.

CITY OF MENIFEE

GRANT SUMMARY REPORT (GSR)

FINANCE DEPARTMENT
2025/2026
7/16/25
EMPG - Emergency Management Performance Grant
FEMA
FIRE
Jennifer Jackson, Sr. Mgmt Analyst
4/23/2025-12/31/2025
Menifee Community Readiness Program - City of Menifee will procure CERT trailer, essential supplies, and storage containers to enhance community emergency response capabilities.

FEMA-DHS Program
CalOES to County of
Riverside-EMD

97.067
2024-0050
$15,782
Reimbursement
1100-51-FIR-FRSP-300-17044-651501
2301-28-XNCL-000-17044-441000
Quarterly Reports, Reimbursement requests must be submitted every 6 months.

No
Yes
No
No
✔
Item Title: 10.7
2024 Emergency Management Performance Grant
Item Page Number: 10

Menifee Mayor and City Council
July 16, 2025
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CITY OF MENIFEE
SUBJECT: Department of California Highway Patrol Cannabis Tax Fund Grant
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Heriberto Gutierrez, Acting Chief of Police APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Department of California Highway Patrol Cannabis Tax Fund Grant in the amount of $96,909.52 to help reduce and mitigate the impacts of impaired driving in the City; and

2. Adopt a budget amendment resolution approving an increase in revenue and appropriation of expenditures in the amount of $96,909.52 to a project account as assigned by the Finance Department; and

3. Authorize the City Manager, or their designee, to execute all necessary documents to implement the Department of California Highway Patrol Cannabis Tax Fund Grant Program purchases.

DISCUSSION
The Menifee Police Department was awarded $96,909.52 by the California Highway Patrol (CHP) for the Cannabis Tax Fund Grant. CHP administers several programs, including the Cannabis Tax Grant Program. The purpose of this grant is to educate the public regarding the danger of impaired driving, enforce laws related to driving under the influence (DUI) of alcohol and other drugs, including cannabis and cannabis products, and improve the department’s effectiveness through training and development of new strategies.

The funds received would be used to cover the costs incurred by the Police Department during activities such as DUI checkpoints and saturation patrols and safety presentations. Additionally, the funds would be used for operational costs and supplies including a DUI reference cards, DRE UV Flashlights and educational outreach materials. The Police Department would also use available funds to send officers to Standardized Field Sobriety Testing Training and to the Advanced Roadside Impaired Driving Enforcement Training.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
CHP Grant
July 16, 2025

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The grant would help the City achieve its goals as follows:
• Educating the public
• Promoting a safe environment for our community
• Reducing the number of persons killed and injured in crashes caused by alcohol and drugs.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact resulting from the acceptance of the Cannabis Tax Fund Grant Program would result in an increase of $96,909.52 in state grant revenue within the Grant Fund (2301-441002).

An appropriation in expenditures to the Cannabis Grant for Menifee Police Department within the Grant Fund would pay for overtime (2301-MPD-17045-650200), supplies (651011), and training (652211). CHP would reimburse any costs incurred that are within the guidelines of this grant. No match by the City would be required.

ATTACHMENTS

1. Grant Award Letter

2. Grant Summary Report

3. Grant Agreement

4. Budget Amendment Resolution
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 2

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July 16, 2025
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State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency

601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)

June 13, 2025

File No.: 060.17344.17369

Sergeant Matt Bloch
Menifee Police Department
29714 Haun Road
Menifee, CA 92586

Dear Sergeant Bloch:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Menifee Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $96,909.52. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,

M. W. HEADRICK, Chief
Enforcement and Planning Division
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
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F
ederal Grant: If Pass-through Grant:

CITY OF MENIFEE

GRANT SUMMARY REPORT (GSR)

FINANCE DEPARTMENT
2025/2026
7/16/25
Cannabis Tax Fund Grant
California Highway Patrol
Menifee Police Department
Christine Booker
7/1/25-6/30/26
The purpose of this grant is to educate the public regarding the danger of impaired driving, enforce laws related to driving under the influence (DUI) of alcohol and other drugs, including cannabis and cannabis products, and improve the department's effectiveness through training and development of new strategies. $96,909.52
$0
Reimbursement
2301-51-MPD-PDAM-000-17045-651501, 2301-51-MPD-PDAM-000-17045-650200, 2301-51-MPD-PDAM-000-17045-652211
2301-28-XNC-XNCL-000-17045-441002
Quarterly Reporting is required and due within 14 calendar days after the close of each quarter.

No
No
No
No
✔
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 4

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July 16, 2025
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State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23418
________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - Menifee Police Department

2. NAME OF ORGANIZATION/AGENCY
City of Menifee on Behalf of Menifee Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $96,909.52

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Armando G Villa
Title: City Manager
Phone: (951) 723-1565
Address: 29844 Haun Rd
Menifee, CA 92586
E-Mail: aavila@city ofmenifee.us
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
A
ddress: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
A
ddress: 601 North 7th Street
Sacramento, CA 95811

E-Mail: [email protected]
__
_________________________ _______________
(Signature) (Date)

10. AUT HORIZED FINANCIAL CONTACT TO RECEIVE
R

EIMBURSEMENT PAYMENTS
N
ame: Christine Booker
Title: Budget and Grants Analyst
Phone: (951) 723-1565
A
ddress: 29714 Haun Rd
Menifee, CA 92586
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 5

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July 16, 2025
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TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the Californi a C
annabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to ei
ther: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment t o r
educe the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the G
rant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed t o pr
ovide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other requir ed r
eports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of th e pur
chased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 6

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TERMS AND CONDITIONS

C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.

a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.

b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 7

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TERMS AND CONDITIONS

F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)

G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. The dangers of drug abuse in the workplace.

ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.

iii. Any available counseling, rehabilitation, and employee assistance programs.

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the Project will:

i. Receive a copy of the company's drug-free workplace policy statement.

ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:

a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)

I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 8

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TERMS AND CONDITIONS

J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:

a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.

b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.

c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.

d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 9

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July 16, 2025
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257 of 2087

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior t o appr
oval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a r
esolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering se
rvices or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant t o
t
his Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agenc
y in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 10

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July 16, 2025
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TERMS AND CONDITIONS

participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:

a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 11

Menifee Mayor and City Council
July 16, 2025
Page
259 of 2087

Schedule A

Menifee Police Department

All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The Menifee Police Department is focused on improving officer training to address the rise in DUI incidents.

Keeping our roads safe requires officers to recognize impairment from both alcohol and drugs. To support this effort, we plan to train five officers in Standardized Field Sobriety Testing (SFST) and Advanced Roadside Impaired Driving Enforcement (ARIDE) and certify two officers as Drug Recognition Experts (DREs).

To increase DUI enforcement and education, we need additional resources for street -level operations and outreach. We are requesting funding for 18 additional DUI saturation patrols, two DUI checkpoints, and a traffic safety education program for local high schools. The funding would also cover the purchase of SFST/DRE flashlights, and DUI Field Investigation note cards.

Problem Statement & Proposed Solution
City and Major Roadway Layout:

The City of Menifee encompasses a diverse landscape, featuring residential, commercial, industrial, and rural zones. Positioned in the Southwest region of Riverside County, Menifee shares its borders with neighboring cities including Perris, Homeland, Winchester, Murrieta, Lake Elsinore, and Canyon Lake. The northern boundary of our city is defined by Highway 74, a state highway renowned as one of California's most perilous stretches per mile. This two-lane east/west thoroughfare traverses Menifee, flanked by a mix of retail, commercial, residential, and undeveloped properties.

The I-215 freeway bisects Menifee, serving as a prominent interstate artery that intersects with the I -15 freeway in Murrieta and further north in San Bernardino County. Within Menifee, the I -215 freeway encompasses five exits, including Highway-74, Ethanac Road, McCall Boulevard, Newport Road, and Scott Road.

Highway 74 serves as a primary conduit for residents commuting from cities such as Hemet, San Jacinto, Winchester, and Homeland to access the I-215 freeway. Newport Road, another vital east/west thoroughfare, links Menifee with Hemet, San Jacinto, Winchester, Canyon Lake, and Lake Elsinore. It represents the principal gateway to the I-215 freeway and the sole local access point to the I-15 freeway for residents of Menifee, San Jacinto, Winchester, and Hemet.

Traffic Flow and Population:

Newport Road experiences a daily traffic volume of approximately 76,300 vehicles, resulting in congestion- related challenges such as red light violations, gridlock, and an elevated incidence of traffic accidents. The intersection of Newport Road and Haun Road, characterized by numerous large retail establishments, attracts significant foot traffic from Menifee and neighboring areas. Scott Road, another major east/west thoroughfare, interconnects Temecula, Winchester, Murrieta, Menifee, and Wildomar. With a daily traffic count of approximately 34,000 vehicles, Scott Road ranks as the second busiest thoroughfare in Menifee.

The population of the City of Menifee has witnessed substantial growth, surging from approximately 105,000 to 116,472 as of January 2023, marking an increase of approximately 10.9%. By the end of 2025, the city is projected to reach 125,300 residents, reflecting an estimated rise in population of around 7.6%. Currently, there are more than 40 housing developments in various stages of planning, development, or construction within Menifee, poised to introduce roughly 8,500 new residences. Based on an average estimate of 10 vehicle trips per household, these developments are expected to contribute over 85,000 additional daily vehicle movements on city streets.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 12

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July 16, 2025
Page
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Schedule A

Noteworthy population growth is also observed in neighboring cities, with Temecula projected to reach a population of 113,187 and experience a growth rate of approximately 3.4% through 2028. Similarly, Murrieta has reported a population increase, reaching 118,734 in 2022, with expectations of further growth to approximately 124,019 by 2027, constituting a 4.5% increase. The five-mile radius surrounding Newport Rd and the I-215 Freeway has seen a population upsurge from 147,066 to 155,199, an increase of approximately

5.5%. By January 2025, this area is projected to accommodate approximately 173,309 residents, reflecting an increase of approximately 11.7%. With these trends, the City of Menifee is poised to become the most populous city in the Temecula Valley by January 2025.

Current Conditions and Future Changes Affecting Traffic:

The City of Menifee also is host to 46 active on-site ABC licensed businesses for serving alcohol, encompassing traditional bars, bars and grills, and restaurants. Additionally, 41 businesses hold active Off - Site ABC Licenses for alcohol sales, bringing the total number of established businesses that serve alcohol within the city limits to approximately 87. The City of Menifee is also situated near the Temecula wineries and other locales with a high concentration of alcohol-serving establishments.

While municipal regulations in Menifee prohibit marijuana dispensaries, neighboring cities such as Lake Elsinore, Canyon Lake, Perris, San Jacinto, Moreno Valley, and Hemet feature active dispensaries. Within a 16-mile radius of Menifee, 41 active marijuana dispensaries operate. The increased availability of marijuana has corresponded with a rise in Marijuana DUI incidents. Through grant assistance, the Menifee Police Department aims to enhance officer training in identifying signs of marijuana intoxication, thereby bolstering efforts to remove impaired drivers from the roadways. Collaborative initiatives with the Riverside District Attorney’s Office seek to augment the filing of marijuana DUI cases.

Crash and DUI Data:

The Menifee Police Department utilizes the Crossroads suite of programming to document, report, and analyze traffic crash data. This data has proven useful in analyzing our highest priority areas, violations, days, and times for crashes. Over the past three years, the City of Menifee has experienced a fluctuating number of DUI related crashes.

In FY22, Menifee had 93 DUI related traffic crashes, with 67 occurring during the weekdays, and 26 occurring during the weekend. The highest times of day for DUI crashes were between 1000-1059, 1700-1759, 1800- 1859, 2000-2059, and 2100-2159. 29 of those crashes resulted in injury, and 2 resulted in fatalities.

During FY 23, Menifee saw an increase of DUI crashes to 122 DUI related traffic crashes, with 78 occurring during the weekdays and 44 occurring during the weekend. The highest times of day for DUI crashes were 0100-0159, 1500-1559, 1800-1859, 1900-1959, 2100-2159, and 2300-2359. 48 of those crashes resulted in injury, and 2 resulted in fatalities.

In FY24, Menifee had a significant decrease in DUI related crashes from 122 the previous year to 77 in FY24. 44 of these crashes occurred during the weekday and 33 occurred during the weekend. The highest times for DUI crashes were 0300-0359, 1800-1859, and 2000-2059. 26 of those crashes resulted in injury and 0 resulted in fatality.

The Menifee Police Department made approximately 137 DUI arrests during FY24, a decrease from 182 DUI arrests the previous year. However, coupled with the decrease in DUI crashes, the change in DUI arrests maintains a consistent pattern.

Proposed Solution:

As we have all seen as recently as 2020 during the pandemic, it is extremely important for departments to maintain a high police presence in the area of DUI enforcement and education to continue to combat DUI related crashes. To address this, the Menifee Police Department continues to place a high priority on officer training, community outreach, and community education, while the City of Menifee continues to place a high priority in improving the roadway infrastructure. The ability for the Menifee Police Department to partner with the CHP Cannabis Grant Unit would allow the City of Menifee to continue to focus on city infrastructure and total staffing of the police department, while allowing the department to supplement the number of officers available to conduct DUI enforcement and education.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 13

Menifee Mayor and City Council
July 16, 2025
Page
261 of 2087

Schedule A

The City of Menifee has shown a strong desire to increase police presence as we have increased our total staffing from approximately 59 officers on July 1, 2020, to a police force of approximately 93 sworn officers today. This total includes a traffic unit of 1 Sergeant, 6 Motorcycle Officers, and one Traffic CSO. Our commitment to the city and to traffic safety is evident and we hope to foster a successful partnership with the CHP Cannabis Grant Unit to support our shared goal of reducing DUI crashes.

Our goal is to utilize the approved funding from the CHP Cannabis Grant to conduct DUI operations, as well as the purchasing of equipment needed to safely complete these operations. Since our inception in 2020, we have sent more than 22 officers to SFST and/or ARIDE courses. We intend to continue this trend and will continue to host SFST and ARIDE courses at the Menifee Police Station this year. We plan on growing our total number of SFST and ARIDE trained officers and increase the number of DUI offenders taken off the streets.

With the increased number of SFST trained officers, we have become better equipped to conduct DUI Checkpoints and DUI Saturations. In years past, we have had success with DUI Checkpoints as both a learning tool, and an enforcement tool. In certain areas of the city, our checkpoints, while mainly focused on education, have seen higher than normal numbers of DUI arrests. This highlights the effectiveness of DUI checkpoints and validates not only their education efforts but has also resulted in countless lives saved and offenders taken off the streets. We are requesting the funding for each checkpoint to staff an appropriate number of personnel to assist with the high vehicle volume and increase officer safety. We will continue to make advance notice and social media outreach a priority and increase our outreach to not only our community, but those around us. Similarly, by conducting an increased number of DUI Saturations, we hope to show a larger enforcement presence in the community, which will hopefully res ult in increased compliance to DUI related laws.

Further, we are requesting funding to purchase 60 Toxoptix X3 penlights. These lights, while designed with a DRE evaluation in mind, can be an invaluable tool in any patrol officers posse box during DUI investigations.

The penlight has multiple functions including a red, warm white, and UV lights, as well as timers for different portions of SFSTs. It includes a 15 second timer for equal tracking, 30 second timer for smooth pursuit, 90 second timer for distinct and sustained HGN and maximum deviation, a timer for testing onset prior to 45 degrees, and to test VGN. This invaluable tool will ensure officers are completing the HGN test in the correct amount of time and can result in stronger investigations and a higher conviction rate. We would be deploying these lights to all personnel who work patrol, traffic, or DUI enforcement.

We are also requesting funding to purchase 2 packs of 45 metal IPTM DRE/DUI reference cards to be used in the field. These cards would assist our personnel in having a pocket sized DRE/DUI guide to keep in the field in situations where carrying a larger form would be unfavorable during DUI investigations.

Performance Measures/Scope of Work
18 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 5, Q4 = 5): Aim to reduce DUI/DUID deaths by 10%, which will improve roadway safety in the community.

2 DUI Checkpoints (Q1 = 1, Q4 = 1): Aim to reduce DUI/DUID by 10% which will reduce the number of impaired drivers in the community.

2 Educational Presentations at local high schools (Q1 = 1, Q3 = 1): Aim to contact at least 200 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired.

60 Toxoptic X3 flashlights (Q1 = Purchase, Q=2 Receive, Q2-Q4 = deploy in the field during patrol, DUI Saturations, and DUI Checkpoints). Used to assist officers in the field for DUI investigations and to ensure the proper timing is followed in the HGN test.

2 pack of 45 IPTM DRE/DUI Reference Cards (Q1 = Purchase, Q=2 Receive, Q2- Q4 = deploy in the field during patrol, DUI Saturations, and DUI Checkpoints). Used to assist officers in the field for DUI investigations.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 14

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July 16, 2025
Page
262 of 2087

Schedule A
Send 5 Officers to SFST training. This course is held in different locations and funding for the training may be needed based on availability at a preferred location. The first option is an in-house training at the Menifee Police Department, held in July. However, if we cannot get the required number of personnel into this course, our second option is to send officers to the joint SFST/ARIDE training through Cavanaugh and Associated in Laguna Woods. The reasoning for this location is due to previous experience of a positive training course, which includes court testimony and a presentation from either a defense attorney or district attorney.

S
end 5 Officers to ARIDE training. This course is held in different locations and funding for the training may be needed based on availability at a preferred location. The first option is an in- house training at the Menifee Police Department, held in July. However, if we cannot get the required number of personnel into this course, our second option is to send officers to the joint SFST/ARIDE training through Cavanaugh and Associated in Laguna Woods. The reasoning for this location is due to previous experience of a positive training course, which includes court testimony and a presentation from either a defense attorney or district attorney.

P
roject Performance Evaluation
The Menifee Police Department employs the Crossroads crash report writing software, complemented by an integrated analytics suite. Within this framework, DUI crash data will be systematically extracted from the analytics program and meticulously compared to data from the preceding three fiscal years. This analysis will discern any notable fluctuations, whether an increase, decrease, or stability in statistical trends over the specified period.

T
he generated reports from Crossroads possess the flexibility to be disseminated externally upon request, facilitating seamless reporting processes. Additionally, leveraging the Peregrine analytics program, our department will proactively monitor the geographical distribution of DUI crashes to pinpoint hot spots. This strategic approach enables us to focus our resources and interventions effectively in areas where they are most needed.

P
rogram Sustainability
The Menifee Police Department has demonstrated a commitment to enhancing its services for the benefit of the community and commuters passing through our jurisdiction. Established in 2020 with an initial staffing authorization of 59 sworn positions, the department commenced operations on July 1, 2020, with 40 of these positions filled. Over time, our team has expanded significantly, currently employing 91 sworn officers out of 93 authorized positions, in addition to 33 professional staff members dedicated to supporting our mission. The ongoing support from the City of Menifee has enabled the department to augment its personnel, with plans for further expansion in the near future.

N
otably, the Menifee Police Traffic Unit, comprising 1 Sergeant, 6 motor officers, and one Traffic Community Service Officer, has undergone considerable growth, facilitating increased traffic and DUI enforcement efforts within Menifee. We have a strong group of more than 45 officers who are both SFST and ARIDE qualified and are looking to add to those numbers. We are also looking to bolster our DRE program to ensure we have a sufficient number of officers on the streets who are well versed in identifying and investigation DUID cases.

F
urthermore, the City of Menifee's substantial investment of over $400 million in infrastructure and traffic improvements over the next five years underscores its dedication to enhancing roadway safety for residents and visitors alike.

A
dministrative Support
Oversight of our Cannabis Grant will be entrusted to Sergeant Bloch and Budget and Grants Analyst (BGA) Christine Booker, both possessing four years of experience managing OTS grants within the Menifee Police Department and one year managing the CHP Cannabis Grant. BGA Christine Booker brings additional expertise garnered from managing various other grants during her tenure at Menifee PD and her prior agency. Lieutenant Keith will assume responsibility for overseeing the Cannabis Grant project. Furthermore, the recent addition of a community engagement specialist has augmented our outreach endeavors and bolstered our social media presence, thereby enhancing grant compliance and support. Our Chief of Police, Chris Karrer, and Operations Captain, Dave Gutierrez, boast extensive experience in grant oversight, having been involved in the administration of the OTS grant and numerous other grants throughout their careers.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 15

Menifee Mayor and City Council
July 16, 2025
Page
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Schedule A
Presently, the Menifee Police Department is equipped with a DUI Trailer, which sees utilization at all DUI Checkpoints. Additionally, we possess a message board and several DUI Checkpoint compliant signs to ensure adherence to legal standards outlined in Ingersoll vs. Palmer. Our personnel are committed to the efficiency of DUI Checkpoints, with Lieutenant Keith, Sergeant Beare, Sergeant Bloch, Sergeant Norwood, and five motor officers having undergone training in DUI Checkpoint Management. Our objective is to extend this training to all members of the traffic unit, alongside a core group of supervisors and managers, to ensure comprehensive proficiency in DUI Checkpoint Management.

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 16

Menifee Mayor and City Council
July 16, 2025
Page
264 of 2087

Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23418 City of Menifee on Behalf of Menifee
Police Department $96,909.52
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
IPTM DRE DUI Reference Cards $175.00
DRE UV Flashlight $7,200.00
SFST/ARIDE Registration $3,100.00
Category Sub-Total $10,475.00
Personnel
DUI/DL Checkpoint $28,865.45
DUI Saturation Patrol $32,514.77
Education/Outreach $3,017.50
Backfill $17,917.00
Category Sub-Total $82,314.72
Travel
SFST/ARIDE Training $4,119.80
Category Sub-Total $4,119.80
Grant Total $96,909.52
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 17

Menifee Mayor and City Council
July 16, 2025
Page
265 of 2087

Schedule B-1
Budget Narrative
Menifee Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
SFST/ARIDE Registration
$3,100.00
5 officers, $620 tuition per person
SFST/ARIDE training through Cavanaugh and Associated in Laguna Woods DRE UV Flashlight
$7,200.00
DRE UV Flashlights 60 flashlights $120 each. DRE Flashlights to be used by all sworn personnel at DUI checkpoints and DUI saturations for field sobriety tests.

IPTM DRE DUI Reference Cards
$175.00
IPTM DRE DUI Reference Cards 2 packs of 45 each for $87.50 per pack.

Personnel
DUI/DL Checkpoint
$28,865.45
2 DUI/DL Checkpoints= $28,865.45
3 Lt/Sgt per patrol/ Lt/Sgt = OT + benefits $123.53 per hour 8 hour per patrol/ 16 hours per Lt/Sgt 6 Officer per patrol/ Officer= OT + benefits $94.30 per hour 8 hour per patrol/ 16 hours per Officer 7 Officer per patrol/ Officer= OT + benefits $94.30 per hour 6 hour per patrol/ 12 hours per Officer 2 CSO's per patrol/ CSO's= OT + benefits $72.70 per hour 8 hour per patrol/ 16 hours per CSO's 1 Records Technician per patrol/ Records Technician= OT + benefits $68.48 per hour 7 hour per patrol/ 14 hours per Records Technician
1 CSI per patrol/ CSI= OT + benefits $76.80 per hour 7 hour per patrol/ 14 hours per CSI 1 Dispatcher per patrol/ Dispatcher= OT + benefits $114.43 per hour 7 hour per patrol/ 14 hours per Dispatcher DUI Saturation Patrol
$32,514.77
19 DUI Saturation Events= $36,466.56
3 Events will be staffed with only Lt/Sgt, and 15 events will be staffed with only officers 2 Lt/Sgt per patrol/ Lt/Sgt = OT + benefits $123.53 per hour 8 hour per patrol/ 40 hours per Lt/Sgt 2 Officer per patrol/ Officer= OT + benefits $94.30 per hour 8 hour per patrol/ 120 hours per Officer Education/Outreach
$3,017.50
2 Traffic Safety Education= $3,017.50
5 Officer per patrol/ Officer= OT + benefits $94.30 per hour 4 hour per patrol/ 8hours per Officer Backfill
$17,917.00
Training backfill for patrol officers= $17,917.00/ 5 officers SFST/ARIDE Training/ Officer =OT $94.30 per hour 38 hours per course/ 190 hours total
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 18

Menifee Mayor and City Council
July 16, 2025
Page
266 of 2087

Schedule B-1
Budget Narrative

Menifee Police Department

Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Travel

SFST/ARIDE Training
$4,119.80
SFST/ARIDE Training= $4,119.80 Laguna Woods, CA 5 officers, Per Diem= $59 per day/ 5 days = $295 per person Lodging= $132.24 per night/ 4 nights = $528.96 per person

Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 19

Menifee Mayor and City Council
July 16, 2025
Page
267 of 2087

RESOLUTION NO. 25-____

AMENDMENTS TO ADOPTED BUDGET:

Section 1.The annual budget for the Grant Fund 2301 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
July 16, 2025 Grant: Cannabis Tax Fund
2301-28-XNC-XNCL-
000-17045-441002 $96,909.52
TOTAL: $96,909.52
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
July 16, 2025
Grant: Cannabis Tax Fund –
Supplies
2301-51-MPD-PDAM-
000-17045-651501 $10,475.00
July 16, 2025
Grant: Cannabis Tax Fund –
Staff hours including overtime
2301-51-MPD-PDAM-
000-17045-650200 $82,314.72
July 16, 2025
Grant: Cannabis Tax Fund –
Training
2301-51-MPD-PDAM-
000-17045-652211 $4,119.80
Total $96,909.52
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 20

Menifee Mayor and City Council
July 16, 2025
Page
268 of 2087

Amending the Fiscal Year 2025/26 Grant Fund Budget
Cannabis Tax Fund Grant
2 4
9 8
1 0
FUND SUMMARY – GRANT FUND 2301
PASSED, APPROVED AND ADOPTED this 16th day of July, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $0.00 $96,909.52 $96,909.52
Expenditures $0.00 $0.00 $96,909.52 $96,909.52
Item Title: 10.8
Department of California Highway Patrol Cannabis Tax Fund Grant Item Page Number: 21

Menifee Mayor and City Council
July 16, 2025
Page
269 of 2087

CITY OF MENIFEE
SUBJECT: Land and Water Conservation Fund 2025 Grant Cycle Application
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution approving the filing of a grant application for the Land and Water Conservation Fund for the development of the Sun City Greenspace parcel located at the northwest corner of Portsmouth Drive and Roanoke Road; and

2. Approve and authorize the City Manager, or designee, as agent of the applicant to conduct all negotiations and execute all necessary agreements and other documents related to the grant.

DISCUSSION
Established in the 1960s as one of California’s earliest master-planned retirement communities, Sun City has seen limited expansion of public parkland despite Menifee’s continued growth. In response, the Sun City Greenspace Project (Project), approved as part of the Fiscal Year (FY) 2023/24 Capital Improvement Program (CIP), represents the first City-maintained greenspace tailored to meet the specific recreational needs of the surrounding senior community.

The City is in the final stages of acquiring a 1.94-acre parcel located at the northwest corner of Portsmouth Drive and Roanoke Road from The Faith Lutheran Church. This acquisition is fully funded by a $524,700 grant awarded through the California Natural Resources Agency’s Urban Greening Grant Program. A formal purchase agreement is expected to be presented to the City Council for approval in late 2025.

During the Project’s design phase, the City prioritized public engagement to ensure the park would reflect the recreational needs and preferences of the surrounding senior community. On March 4, 2024, a community meeting was held at The Faith Lutheran Church, drawing more than 100 participants, many of whom were local Sun City residents. Based on the community feedback Item Title: 10.9
Land and Water Conservation Fund 2025 Grant Cycle Application Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
LWCF Grant Application
July 16, 2025

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received, the final greenspace design entails a passive park ideal for short-term and small-group activities such as exercise classes and periodic walks along a variety of trails. The Conceptual Project Design is attached to this report for reference.

The Project design includes the following tailored public amenities:
• Age-appropriate workout stations
• Rose garden
• Habitat gardens
• Shaded picnic area/gathering space
• Art exhibition area
• Hedge buffer at the property line as separation for surrounding homes Currently, $600,000 in Quimby Fee/Local Park revenue has been allocated toward the design and development of the Project. With the design phase nearing completion and recent engineer’s estimates, the total Project cost is projected to be approximately $1.5 million. Therefore, additional funding will be necessary to fully implement the approved design.

To address this funding gap, staff recommends submitting an application to the Land and Water Conservation Fund (LWCF) 2025 grant cycle for $750,000 in matching funds. The LWCF supports the acquisition or development of parks and open space, with an emphasis on underserved or park-deficient communities. The grant requires a 50% local match, which is eligible for reimbursement.

The proposed resolution would affirm the City’s commitment to fund its share of the Project, meet all pre-award federal grant requirements, and authorize the City Manager, or designee, to execute documents necessary to pursue and administer the grant.

STRATEGIC PLAN OBJECTIVE
Unique Identity

FISCAL IMPACT
There is no immediate fiscal impact associated with the recommended action, which authorizes submittal of a grant application only. Should the City be awarded LWCF funds in the amount of $750,000, the grant requires a 50% local match, or $750,000, which would be funded through the existing Quimby Local Park fund balance. This would require an additional appropriation to CIP 24-11 at a future date. If the application is unsuccessful, staff will pursue a phased development approach to complete the project using available funds. Any agreements to accept grant funding, including required matching appropriations, will be brought to City Council for approval prior to execution.

ATTACHMENTS

1. Resolution

2. Conceptual Design
Item Title: 10.9
Land and Water Conservation Fund 2025 Grant Cycle Application Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
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271 of 2087

1 RESOLUTION NO. 25-____

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

CALIFORNIA, APPROVING AN APPLICATION FOR THE LAND AND WATER

CONSERVATION FUND GRANT FOR THE SUN CITY GREENSPACE
PROJECT (CIP 24-11)
WHEREAS, the United States Congress under Public Law 88-578 authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid Program (Program), providing matching funds to the State of California (State) and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the Program in the State, setting up necessary rules and procedures governing applications by local agencies under the Program; and
WHEREAS, the City of Menifee certifies by this resolution the approval of an application for Land and Water Conservation Fund assistance from the Program for the proposed Sun City Greenspace Project (CIP 24-11) and the availability of eligible matching funds prior to submission of said application to the State; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby determines and orders as follows:

Section 1.
(A).The City Council approves the filing of an application for Land and Water Conservation Fund assistance from the Program for the proposed Sun City Greenspace Project (CIP 24-11); and
(B).The City Council certifies that the City of Menifee has reviewed, understands, and agrees to the general provisions contained in the contract shown in the Grant Administration Guide for the Program; and
(C).The City Council agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location”; and
(D).The City Council Certifies that said the City of Menifee has matching funds from eligible source(s) and can finance 100 percent of the Sun City Greenspace Project (CIP 24-11), up to half of which may be reimbursed through the Program; and (E).The City of Menifee agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines applicable to the Program and the Project; and
The City Council hereby appoints the City Manager, or his designee, as agent of the City of Menifee to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable state and federal laws which may be necessary for the completion of the Sun City Greenspace Project (CIP 24-11).

Item Title: 10.9
Land and Water Conservation Fund 2025 Grant Cycle Application Item Page Number: 3

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Resolution Approving the Application for LWCF
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PASSED, APPROVED AND ADOPTED this 16th day of July 2025 _______________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Land and Water Conservation Fund 2025 Grant Cycle Application Item Page Number: 4

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July 16, 2025
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SUN CITY CREEK
CONCRETE WALKWAY (10’ WIDE)

DECOMPOSED GRANITE

WALKWAY WITH CONCRETE
MOW CURB (5’ WIDE)

DRY CREEK BED WITH ACCENT

BOULDERS

COMMUNITY ART EXHIBITION
AREA

GROUP FITNESS AREA WITH

SHADE TREES

BOOK/PUZZBLE LIBRARY

CENTRAL GATHERING SPACE

WITH SHADE STRUCTURE

FORMAL ROSE GARDEN

BIRD HOUSE DISTRICT

NATIONAL WILDLIFE

FEDERATION CERTIFIED

WILDLIFE HABITAT GARDEN

CACTI/SUCCULENT GARDEN

LANDSCAPE BUFFER WITH

DENSE HEDGE AT PROPERTY
LINE
NOTE: SOLAR POLE LIGHTING

TO BE PROVIDED ALONG

WALKWAYS PER CITY MUNICIPAL
CODE.

EXISTING TREES TO REMAIN, TYPICAL
1 2
3 4
5 6
7 8
9 L E G E N D
1 2
3 4
5 6
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9 2
10 11
12 4
12 12
12 11
10 310 North Joy Street I Corona, CA 92879
T: 951.737.1124 I F: 951.737.6551
www.bmla.net

PREPARED FOR THE CITY OF MENIFEE - COMMUNITY SERVICES DEPARTMENT 29995 EVANS ROAD MENIFEE, CALIFORNIA T: (909) 937-3270 APRIL 22 , 2024
2 Item Title: 10.9
Land and Water Conservation Fund 2025 Grant Cycle Application Item Page Number: 5

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CITY OF MENIFEE
SUBJECT: Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution repealing and replacing Resolution No. 25-1575 and approving the Fiscal Year 2025/2026 list of projects funded by the Road Repair and Accountability Act of 2017 under Senate Bill 1; and

2. Authorize the Public Works Director, or designee, to submit the required list of projects and accompanying amended resolution to the California Transportation Commission (CTC).

DISCUSSION
On May 21, 2025, the City Council adopted Resolution No. 25-1575, identifying the list of the Fiscal Year 2025/2026 Capital Improvement Program projects that would be funded through Senate Bill (SB) 1. The estimated useful life for the Newport Road Raised Medians project and the Beth Drive Street Improvements project was erroneously omitted from the original, adopted resolution. The California Transportation Commission (CTC) requires that the estimated useful life be included in the resolution before they approve the proposed project list for FY 2025/2026.

This is the only change made to the resolution.

SB 1 Background
SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017, to address the significant multi-modal transportation funding shortfalls statewide. SB 1 is funded through increases in certain fuel excise taxes, sales taxes, and vehicle registration fees and is then deposited into the Road Maintenance and Rehabilitation Act (RMRA) account. A percentage of RMRA funds are continuously apportioned to eligible cities and counties by the State Controller pursuant to paragraph (2) of subdivision (h) of Section 2032 of the Streets and Highway Code (SHC) for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 1

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City of Menifee Staff Report
Amended FY2025/26 SB1 Project List
July 16, 2025

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SHC Section 2034(a)(1) requires that prior to receiving an apportionment of RMRA funds in a fiscal year, the City must adopt a list of all projects proposed to be supported by the RMRA. This list must be adopted via resolution by City Council at a regular public meeting and must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

Proposed List of Projects

1.FY 2025/2026 Local Road AC Resurfacing Program - This project proposes to rehabilitate various existing roads by performing a grind and overlay using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with a 1.5” layer of asphalt hot mix; a road reconstruction is proposed on Briggs Road which would re-construct the base and Asphalt Concrete sections. Additionally, the project proposes upgrading existing curb ramps to current standards and re-stripe the roadway as needed. The project work locations vary amongst local streets within the City of Menifee. The following streets would be resurfaced under this project: Holland Road – Murrieta Rd to Western City Limits, Briggs Road – Scott Road to Southern City Limits, Shadow Mountain Trail, Moonrise Way, and First Star Court. Construction is estimated to begin in February 2026 and be completed by June 2026. This project would have a useful life of 15 years for rehabilitated roads and 20 years for reconstructed roadways.

2.FY 2025/2026 Slurry Seal Resurfacing Program – This project proposes to resurface existing roadways in good condition with a type II slurry seal to prolong their useful life.

The project work locations vary amongst local streets within the City of Menifee. The following streets would be resurfaced under this project: Blue Cedar Drive, Flaxleaf Drive, Winter Fir Drive, Rim Creek Path - Blue Cedar Dr to end of road, Golden Rain Drive – Rim Creek Path to Bramble Wood Cir, Carob Tree Circle – Rim Creek Path cul-de-sac (CDS), Bramble Wood Circle – Blue Cedar Dr to CDS, Briarwood Circle – Golden Rain Dr CDS, Lilac View Circle – Golden Rain Dr CDS, Aleppo Pine Circle – Golden Rain Dr CDS, Midsummer Lane - Menifee Rd to Palomar Rd, Amborella Way - Midsummer Ln to Thorn Tree Wy, Thorn Tree Way - Amborella Wy to Midsummer Ln, Autumn Sunset Way - Holland Rd to Heather Green Wy, Country Rose Lane – Eastside of Autumn Sunset Wy CDS, Country Rose Lane – Westside of Autumn Sunset Wy CDS, Heather Green Way - Palomar Rd to Autumn Sunset Wy, and Heather Green Way - Autumn Sunset Wy CDS.

Construction is estimated to begin in April 2026 and be completed by June 2026. This project would have a useful life of five to seven years.

3.Newport Road Raised Medians – Bradley Rd to Winter Hawk Rd – This project proposes to construct a concrete raised median on Newport Road from Bradley Road to Winterhawk Drive to address safety issues resulting from uncontrolled left turns on this six-lane high speed corridor. The project would address critical safety needs on the local streets and roads system. Construction is estimated to begin in March 2026 and be completed by June 2026. This project would have a useful life of 60 to 100 years.

4.Beth Drive Street Improvements – This project proposes to rehabilitate a deteriorating section of Beth Drive by replacing existing pavement and AC dyke with a concrete curb and gutter to prevent further road damage. Construction is estimated to begin in March Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 2

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City of Menifee Staff Report
Amended FY2025/26 SB1 Project List
July 16, 2025

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2026 and be completed by June 2026. This project would have a useful life of 60 to 100 years.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Upon approval from the CTC of the FY 2025/2026 proposed project list submittal, the City would receive funding through RMRA for the completion of the proposed projects in the estimated amount of $2,926,976. The budgeted revenue and expenditures were presented as part of the biennial budget FY 2025/2026 and FY 2026/2027 adoption at the June 18, 2025, City Council meeting. Additional funding to finance said projects would be budgeted from the City’s FY 2025/2026 Pavement Management Program funds.

ATTACHMENTS

1. Resolution
Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
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6 RESOLUTION NO. 25-___

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

CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2025/2026 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,926,976 in RMRA funding in Fiscal Year (FY) 2025/2026 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process through one public Capital Improvement Program workshop where pavement management projects were discussed to ensure public input into our community’s project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate arterial and residential road segments and support the FY 2025/2026 Citywide Pavement Management Program by resurfacing existing deteriorated roads throughout the City and construct a concrete raised median on Newport Road from Bradley Road to Winterhawk Drive to address safety; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “good” condition and this revenue would assist in maintaining the overall quality of the City’s road system over the next decade; and Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 4

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July 16, 2025
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6 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, on May 21, 2025, the City Council adopted Resolution No. 25-1575, identifying the list of the Fiscal Year 2025/2026 Capital Improvement Program projects that would be funded through Senate Bill (SB) 1; and
WHEREAS, the estimated useful life for the Newport Road Raised Medians project and the Beth Drive Street Improvements project was erroneously omitted from the original, adopted resolution.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Menifee, State of California, as follows:

1. The City Council does hereby repeal and replace Resolution No. 25-1575.

2. The foregoing recitals are true and correct.

3. The following list of newly proposed projects will be funded in-part or solely with FY 2025/2026 RMRA revenues:
FY 2025/2026 Local Road AC Resurfacing Program - This project proposes to perform a header grind and resurface existing residential streets using the Asphalt Rubber Aggregate Membrane (ARAM) method, capped with a thin layer of asphalt hot mix.

Additionally, the project proposes to upgrade existing curb ramps to current standards and re-stripe the roadway. The project work locations vary amongst local streets within the City of Menifee. Construction is estimated to begin in February 2026 and be completed by June 2026. This project would have a useful life of 15 years for rehabilitated roads and 20 years for reconstructed roadways.
FY 2025/2026 Slurry Seal Resurfacing Program – This project proposes to resurface existing roadways in good condition with a type II slurry seal to prolong their useful life.

The project work locations vary amongst local streets within the City of Menifee.

Construction is estimated to begin in April 2026 and be completed by June 2026. This project would have a useful life of five to seven years. Newport Road Raised Medians – Bradley Rd to Winter Hawk Rd – This project proposes to construct a concrete raised median on Newport Road from Bradley Road to Winterhawk Drive to address safety issues resulting from uncontrolled left turns on this six-lane high speed corridor. The project would address critical safety needs on the local streets and roads system. Construction is estimated to begin in March 2026 and be completed by June 2026. This project would have a useful life of 60 to 100 years.

Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 5

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July 16, 2025
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6 Beth Drive Street Improvements – This project proposes to rehabilitate a deteriorating section of Beth Drive by replacing existing pavement and AC dyke with a concrete curb and gutter to prevent further road damage. Construction is estimated to begin in March 2026 and be completed by June 2026. This project would have a useful life of 60 to 100 years.

PASSED AND ADOPTED by the City Council of the City of Menifee, State of California this 16th day of July 2025, by the following vote:
__________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.10
Amended Fiscal Year 2025/2026 Senate Bill 1 List of Projects Item Page Number: 6

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July 16, 2025
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CITY OF MENIFEE
SUBJECT: Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution ordering the levy and collection of special taxes within each of the following Community Facilities Districts: 2012-1, Audie Murphy Ranch; 2012-2, Hidden Hills; 2014-1, Town Center; 2014-2, Commerce Pointe; 2015-2 (original zone and all annexations), Maintenance Services; 2017-1 (original zone and all annexations), Maintenance Services, for Fiscal Year 2025/26.

DISCUSSION
Each Fiscal Year (“FY”), the City of Menifee (“City”) places charges on the tax roll for multiple Community Facilities Districts (“CFDs”) located within the City. The CFDs and expected charges for FY 2025/2026 are summarized in the attached Preliminary Summary of Fixed Charges. The special taxes collected from each of these CFDs pays for the ongoing maintenance costs authorized under the “Mello-Roos Community Facilities Act of 1982,” Government Code (“GC”) Section 53311 et seq.

The services that may be funded with proceeds of the special tax, as provided by GC Section 53313 include, without limitation, all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street rights-of-way, public landscaping, parks, open spaces and other similar landscaped areas officially dedicated for public use, street sweeping and pavement management, street lighting and traffic signal maintenance, graffiti removal and abatement, flood and storm protection services and the operation of storm drainage systems. In addition to the costs of the foregoing services, proceeds of the special tax may be used to pay administrative expenses and for the collection of reserve funds.

Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 July 16, 2025

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The various maintenance CFDs provide dedicated funding for the essential maintenance services outlined above. Such services are managed as a collaborative effort between the Community Services and Public Works/Engineering Departments.

The City is required by the County of Riverside to provide a certified resolution to the Auditor/Controller’s Office each year to confirm the special tax levies within each CFD for the annual property tax roll.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with this item. Each district is funded by special tax assessments on parcels within the district that can only be used for administrative costs and maintenance services provided therein. The revenue assessment to be collected in the special districts is $7,464,610.94. The proposed revenues and expenditures were included as part of the adopted FY 2025/26 budget.

ATTACHMENTS

1. Resolution

2. Exhibit A (Preliminary Summary of Fixed Charges)
Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 2

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July 16, 2025
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RESOLUTION NO. 25-_________

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

RIVERSIDE, STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION

OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2025/2026
WHEREAS, the City Council of the City of Menifee (the “City”) has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as COMMUNITY FACILITIES DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH) COMMUNITY FACILITIES DISTRICT NO. 2012-2 (HIDDEN HILLS) COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER)
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE) COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (herein after referred to as the “CFD”); and
WHEREAS, Resolution No. 11-242 adopted the "Resolution of Intention" on December 6, 2011, Resolution No. 12-249 entitled "A Resolution Establishing Community Facilities District No. 2012-1,” adopted January 17, 2012; and Ordinance No. 2012-103 entitled "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2012-13 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to the City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch),” adopted February 7, 2012; and
WHEREAS, Resolution No. 12-268 adopted the "Resolution of Intention" on May 15, 2012, Resolution No. 12-277 entitled "A Resolution Establishing Community Facilities District No. 2012-2,” adopted June 19, 2012; and Ordinance No. 2012-108 entitled "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2013-14 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to the City of Menifee Community Facilities District No. 2012-2 (Hidden Hills),” adopted June 19, 2012; and
WHEREAS, Resolution No. 14-380 adopted the "Resolution of Intention" on June 18, 2014, Resolution No. 14-388 entitled "A Resolution Establishing Community Facilities District No. 2014-1,” adopted August 6, 2014; and Ordinance No. 2014-153 entitled "Ordinance of the City Council of the City of Menifee Acting in its Capacity as the Legislative Body of the City of Menifee Community Facilities District No. 2014-1 (Town Center) Authorizing the Levy of a Special Tax Therein,” adopted August 20, 2014; and
WHEREAS, Resolution No. 14-382 adopted the "Resolution of Intention" on July 02, 2014, Resolution No. 14-392 entitled "A Resolution Establishing Community Facilities District No. 2014-2,” adopted August 06, 2014; and Ordinance No. 2014-154 entitled "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2015-16 to Pay the Annual Costs of the Maintenance and Servicing Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 3

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of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to the City of Menifee Community Facilities District No. 2014-2 (Commerce Pointe),” adopted August 20, 2014; and
WHEREAS, Resolution No. 15-430 adopted the "Resolution of Intention" on April 15, 2015, Resolution No. 15-440 entitled "A Resolution Establishing Community Facilities District No. 2015-2,” adopted May 20, 2015; and Ordinance No. 2015-173 entitled "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2015-16 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to the City of Menifee Community Facilities District No. 2015-2 (Maintenance Services),” adopted June 3, 2015; and
WHEREAS, Resolution No. 17-654 adopted the "Resolution of Intention" on November 1, 2017, Resolution No. 17-658 entitled "A Resolution Establishing Community Facilities District No. 2017-1,” adopted December 06, 2017; and Ordinance No. 2017-231 entitled "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation of Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect of the City of Menifee Community Facilities District No. 2017-1 (Maintenance Services),” adopted December 20, 2017; and
WHEREAS, all special taxes in the CFD were levied without regard to property valuation.

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

Section 1. That the portion of the costs related to the CFD due or coming due through June 30, 2026, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges) Section 2.That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol (FTP) as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. CFD No.
68-3931-FC CFD No. 2012-1
68-3933-FC CFD No. 2012-2
68-3967-FC CFD No. 2014-1
68-3966-FC CFD No. 2014-2
68-3972-FC CFD No. 2015-2 Zone 1
68-3974-FC CFD No. 2015-2 Zone 3
68-3975-FC CFD No. 2015-2 Zone 4
68-3976-FC CFD No. 2015-2 Zone 5
68-0058-FC CFD No. 2015-2 Zone 7
68-0059-FC CFD No. 2015-2 Zone 8
68-0060-FC CFD No. 2015-2 Zone 9
68-0061-FC CFD No. 2015-2 Zone 10
68-0062-FC CFD No. 2015-2 Zone 11
68-0063-FC CFD No. 2015-2 Zone 12
68-0064-FC CFD No. 2015-2 Zone 13
Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 4

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July 16, 2025
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68-0065-FC CFD No. 2015-2 Zone 14
68-0066-FC CFD No. 2015-2 Zone 15
68-0068-FC CFD No. 2015-2 Zone 17
68-0069-FC CFD No. 2015-2 Zone 18
68-0070-FC CFD No. 2015-2 Zone 19
68-0071-FC CFD No. 2015-2 Zone 20
68-0072-FC CFD No. 2015-2 Zone 21
68-0073-FC CFD No. 2015-2 Zone 22
68-9983-FC CFD No. 2015-2 Zone 23
68-9984-FC CFD No. 2015-2 Zone 24
68-9985-FC CFD No. 2015-2 Zone 25
68-9987-FC CFD No. 2015-2 Zone 27
68-9988-FC CFD No. 2015-2 Zone 28
68-9989-FC CFD No. 2015-2 Zone 29
68-9990-FC CFD No. 2015-2 Zone 30
68-9992-FC CFD No. 2015-2 Zone 32
68-9993-FC CFD No. 2015-2 Zone 33
68-9994-FC CFD No. 2015-2 Zone 34
68-9995-FC CFD No. 2015-2 Zone 35
68-9996-FC CFD No. 2015-2 Zone 36
68-0167-FC CFD No. 2017-1 Zone 1
68-0259-FC CFD No. 2017-1 Zone 2
68-0260-FC CFD No. 2017-1 Zone 3
68-0261-FC CFD No. 2017-1 Zone 4
68-0400-FC CFD No. 2017-1 Zone 5
68-0401-FC CFD No. 2017-1 Zone 6
68-0403-FC CFD No. 2017-1 Zone 8
68-0404-FC CFD No. 2017-1 Zone 9
68-0407-FC CFD No. 2017-1 Zone 12
68-0408-FC CFD No. 2017-1 Zone 13
68-0409-FC CFD No. 2017-1 Zone 14
68-0536-FC CFD No. 2017-1 Zone 15
68-0537-FC CFD No. 2017-1 Zone 16
68-0538-FC CFD No. 2017-1 Zone 17
68-0539-FC CFD No. 2017-1 Zone 18
68-0540-FC CFD No. 2017-1 Zone 19
68-3980-FC CFD No. 2017-1 Zone 21
68-3977-FC CFD No. 2017-1 Zone 22A
68-3978-FC CFD No. 2017-1 Zone 22B
68-3979-FC CFD No. 2017-1 Zone 22C
68-3981-FC CFD No. 2017-1 Zone 23
68-3982-FC CFD No. 2017-1 Zone 27
Section 3.The adoption of this Resolution constitutes the CFD levy for the Fiscal Year commencing July 1, 2025, and ending June 30, 2026.

Section 4.The City Clerk is hereby authorized and directed to file the levy with the County Auditor- Controller upon adoption of this Resolution.

Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 5

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Section 5.A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

PASSED, APPROVED AND ADOPTED this 16th day of July, 2025.

Ricky Estrada, Mayor
Attest:

Stephanie Roseen, City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
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EXHIBIT "A"

CITY OF MENIFEE

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2025/2026
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2025-26
Levy
CFD 2012-1 Audie Murphy Ranch 68-3931 2,356 $2,536,810.51 CFD 2012-2 Hidden Hills 68-3933 480 $306,911.18
CFD 2014-1 Town Center 68-3967 9 $18,293.22
CFD 2014-2 Commerce Pointe 68-3966 5 $31,059.58
CFD 2015-2 Zone 1 CV Communities 68-3972 359 $414,547.90 CFD 2015-2 Zone 3 Arco AM-PM 68-3974 2 $5,589.65
CFD 2015-2 Zone 4 America's Tire 68-3975 1 $429.36
CFD 2015-2 Zone 5 LA Fitness 68-3976 13 $6,420.42
CFD 2015-2 Zone 7 Talavera 68-0058 173 $146,752.87
CFD 2015-2 Zone 8 Menifee Estates 68-0059 30 $28,802.94 CFD 2015-2 Zone 9 Rite-Aid 68-0060 2 $18,876.14
CFD 2015-2 Zone 10 Jack in the Box 68-0061 1 $6,277.41
CFD 2015-2 Zone 11 International Autocrafters 68-0062 1 $1,627.85 CFD 2015-2 Zone 12 Heritage Lake 68-0063 743 $186,642.61 CFD 2015-2 Zone 13 Stater Brothers 68-0064 6 $62,336.87 CFD 2015-2 Zone 14 McDonald's 68-0065 1 $12,975.44
CFD 2015-2 Zone 15 Arco AM-PM 68-0066 1 $4,802.36
CFD 2015-2 Zone 17 Ferguson Warehouse 68-0068 2 $7,656.75 CFD 2015-2 Zone 18 Mosaic 68-0069 127 $42,439.31
CFD 2015-2 Zone 19 Ridgemore 68-0070 21 $18,630.09
CFD 2015-2 Zone 20 Underwood 68-0071 513 $611,546.59
CFD 2015-2 Zone 21 Sponseller 68-0072 15 $27,058.58
CFD 2015-2 Zone 22 Forterra 68-0073 6 $6,835.63
CFD 2015-2 Zone 23 Cal Cruz 68-9983 2 $10,575.12
CFD 2015-2 Zone 24 McCall Plaza 68-9984 1 $18,740.39
CFD 2015-2 Zone 25 Haun Building 68-9985 2 $6,707.88
CFD 2015-2 Zone 27 McLaughlin 68-9987 124 $48,786.21
CFD 2015-2 Zone 28 Boulder 68-9988 29 $30,621.78
CFD 2015-2 Zone 29 Mayfield 68-9989 379 $316,494.18
CFD 2015-2 Zone 30 Goetz 68-9990 3 $5,468.85
CFD 2015-2 Zone 32 Smart & Final 68-9992 2 $10,139.16
CFD 2015-2 Zone 33 RV Super Center 68-9993 1 $9,241.50
CFD 2015-2 Zone 34 Shops at Newport 68-9994 1 $1,980.24 CFD 2015-2 Zone 35 McCall Square 68-9995 6 $25,156.38
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CFD 2015-2 Zone 36 Wellquest 68-9996 1 $4,511.60
CFD 2017-1 Zone 1 Stark Menifee 68-0167 660 $239,778.29 CFD 2017-1 Zone 2 Meadow Run 68-0259 65 $43,464.35
CFD 2017-1 Zone 3 Oak Hills 68-0260 161 $135,369.77
CFD 2017-1 Zone 4 McCall Mesa 68-0261 258 $280,503.41
CFD 2017-1 Zone 5 Del Oro 68-0400 68 $81,111.32
CFD 2017-1 Zone 6 Sumac Ridge 68-0401 175 $164,626.71
CFD 2017-1 Zone 8 Banner Park 68-0403 256 $212,178.16
CFD 2017-1 Zone 9 Sagewood 68-0404 174 $150,419.93
CFD 2017-1 Zone 12 Legado 68-0407 109 $117,301.35
CFD 2017-1 Zone 13 Estrella 68-0408 42 $26,096.02
CFD 2017-1 Zone 14 Alder Ranch 68-0409 301 $94,519.86
CFD 2017-1 Zone 15 Boulder 68-0536 1 $36,410.56
CFD 2017-1 Zone 16 Del Oro Apartments 68-0537 1 $38,807.14 CFD 2017-1 Zone 17 On Deck 68-0538 1 $3,956.23
CFD 2017-1 Zone 18 Rockport 68-0539 305 $173,744.76
CFD 2017-1 Zone 19 Popeyes 68-0540 1 $2,784.84
CFD 2017-1 Zone 21 River Walk 68-3980 71 $22,928.60
CFD 2017-1 Zone 22A Cimarron Ridge 68-3977 319 $370,258.61 CFD 2017-1 Zone 22B Cimarron Ridge 68-3978 102 $95,823.87 CFD 2017-1 Zone 22C Cimarron Ridge 68-3979 78 $73,277.08 CFD 2017-1 Zone 23 Banner Park II 68-3981 79 $104,721.10 CFD 2017-1 Zone 27 Encanto 68-3982 1 $4,782.43
Total $7,464,610.94
Item Title: 10.11
Annual Levy for Maintenance Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 8

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CITY OF MENIFEE
SUBJECT: Annual Levy for Bonded Community Facilities Districts for Fiscal Year 2025/2026
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution ordering the levy and collection of special taxes within each of the following Community Facilities Districts: 2019-1, Meadow Run; 2020-1, McCall Mesa; 2020-2, Del Oro; 2021-1, Banner Park; 2021-2, Sumac Ridge; 2022-1, Quartz Ranch; 2022-2, McLaughlin Village; 2022-3, Legado Improvement Area (IA) 1, IA2 and IA3; 2023-1, Rockport; 2023-2, Cimarron Ridge Improvement Area 1 and IA2; 2024-1, Banner Park II; 2024-2, Golden Meadows IA1, IA2, IA3, and IA4; 2024-3, River Walk Village; 2025-2, Quartz Trail; and 2025- 4, Heritage Village, for Fiscal Year 2025/26.

DISCUSSION
The Fiscal Year (FY) 2025/2026 budget for each Bonded Community Facilities District (CFD) is designed to cover principal and interest payments, construction of future facilities, administrative costs, and/or service costs. These CFDs have been formed over the last few years at the request of the corresponding developer to finance certain public improvements through the levy of special taxes and the issuance of bonds.

To date, bonds have been issued for:
CFD 2019-1 Meadow Run, FY 2021/2022
CFD 2020-1 McCall Mesa, FY 2021/2022
CFD 2020-2 Del Oro, FY 2022/2023
CFD 2021-1 Banner Park, FY 2022/2023
Additional bonds for CFD 2020-1 McCall Mesa, FY 2022/2023 Additional bonds for CFD 2021-1 Banner Park, FY 2023/2024 CFD 2021-2 Sumac Ridge, FY 2023/2024
CFD 2022-1 Quartz Ranch, FY 2023/2024
Additional bonds for CFD 2022-1 Quartz Ranch, FY 2024/2025 Item Title: 10.12
Annual Levy for Bonded Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 1

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8 2
CFD 2023-1 Rockport, FY 2024/2025
CFD 2023-2 IA1 Cimarron Ridge, FY 2024/2025
CFD 2022-2 McLaughlin Village, will be issued by end of July, FY 2025/2026 Any funds collected prior to bonds being issued and after administration costs have been deducted will be used to finance public improvements included within the CFD. Table 1 shows the annual levy amounts needed for each district to cover district obligations for FY 2025/2026.

TABLE 1: CITY OF MENIFEE COMMUNITY FACILITIES DISTRICTS PRELIMINARY SUMMARY OF FIXED CHARGES FOR FISCAL YEAR 2025/2026
District Name County
Fund No.

Levied
Parcels
Preliminary
FY 2025-26 Levy
CFD 2019-1 Meadow Run 68-0262-FC 65 $165,977.42
CFD 2020-1 McCall Mesa 68-0263-FC 258 $776,469.60
CFD 2020-2 Del Oro 68-0264-FC 68 $183,618.56
CFD 2021-1 Banner Park 68-0410-FC 256 $691,989.31
CFD 2021-2 Sumac Ridge 68-0411-FC 175 $585,827.71
CFD 2022-1 Quartz Ranch 68-0412-FC 379 $1,248,577.01
CFD 2022-2 McLaughlin Village 68-0413-FC 124 $323,798.97 CFD 2022-3 IA1 Legado 68-0414-FC 101 $351,080.00
CFD 2022-3 IA2 Legado 68-0541-FC 7 $5,000.00
CFD 2022-3 IA3 Legado 68-3984-FC 4 $5,000.00
CFD 2023-1 Rockport 68-0542-FC 305 $1,013,416.19
CFD 2023-2 IA1 Cimarron Ridge 68-0543-FC 412 $388,635.18 CFD 2023-2 IA2 Cimarron Ridge 68-0544-FC 89 $171,991.65 CFD 2024-1 Banner Park II 68-3985-FC 71 $235,008.00
CFD 2024-2 IA1 Golden Meadows 68-3986-FC 1 $5,000.00
CFD 2024-2 IA2 Golden Meadows 68-3987-FC 1 $5,000.00
CFD 2024-2 IA3 Golden Meadows 68-3988-FC 1 $5,000.00
CFD 2024-2 IA4 Golden Meadows 68-3989-FC 1 $5,000.00
CFD 2024-3 River Walk Village 68-3990-FC 55 $93,896.10
CFD 2025-2 Quartz Trail 68-3991-FC 34 $148,517.00
CFD 2025-4 Heritage Village 68-3992-FC 3 $5,000.00
Total $6,413,802.70
The County of Riverside requires the resolution as confirmation for the special tax amounts to be added to the assessment rolls. The special taxes were previously established with the adoption of the ordinance associated with each of the CFDs, and those are not changing as a result of this action. The City charges administrative fees and an amount sufficient to cover direct costs as well as the collection for annual debt service and/or construction of future facilities for the various special districts.

Item Title: 10.12
Annual Levy for Bonded Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 2

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STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with this item and all revenue collected from Bonded CFD levies are considered fiduciary funds, i.e. not directly spendable by the City. The FY 2025/2026 budget for each CFD is designed to cover principal and interest payments, construction of future facilities, administrative costs, and/or service costs. These CFDs have been formed over the last few years at the request of the corresponding developer to finance certain public improvements through the levy of special taxes and the issuance of bonds.

ATTACHMENTS

1. Resolution

2. Exhibit A (Preliminary Summary of Fixed Charges)
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RESOLUTION NO. 25-_________

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

RIVERSIDE, STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION

OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2025/2026
WHEREAS, the City Council of the City of Menifee (the “City”), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 25 of the State of California Government Code for the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work, and to finance a portion of the costs of providing services, as applicable, in special tax districts designated as:

COMMUNITY FACILITIES DISTRICT NO. 2019-1, MEADOW RUN
COMMUNITY FACILITIES DISTRICT NO. 2020-1, MCCALL MESA
COMMUNITY FACILITIES DISTRICT NO. 2020-2, DEL ORO
COMMUNITY FACILITIES DISTRICT NO. 2021-1, BANNER PARK
COMMUNITY FACILITIES DISTRICT NO. 2021-2, SUMAC RIDGE
COMMUNITY FACILITIES DISTRICT NO. 2022-1, QUARTZ RANCH
COMMUNITY FACILITIES DISTRICT NO. 2022-2, MCLAUGHLIN VILLAGE COMMUNITY FACILITIES DISTRICT NO. 2022-3 IMPROVEMENT AREA 1, LEGADO COMMUNITY FACILITIES DISTRICT NO. 2022-3 IMPROVEMENT AREA 2, LEGADO COMMUNITY FACILITIES DISTRICT NO. 2022-3 IMPROVEMENT AREA 3, LEGADO COMMUNITY FACILITIES DISTRICT NO. 2023-1, ROCKPORT
COMMUNITY FACILITIES DISTRICT NO. 2023-2 IMPROVEMENT AREA 1, CIMARRON RIDGE COMMUNITY FACILITIES DISTRICT NO. 2023-2 IMPROVEMENT AREA 2, CIMARRON RIDGE COMMUNITY FACILITIES DISTRICT NO. 2024-1, BANNER PARK II COMMUNITY FACILITIES DISTRICT NO. 2024-2 IMPROVEMENT AREA 1, GOLDEN MEADOWS COMMUNITY FACILITIES DISTRICT NO. 2024-2 IMPROVEMENT AREA 2, GOLDEN MEADOWS COMMUNITY FACILITIES DISTRICT NO. 2024-2 IMPROVEMENT AREA 3, GOLDEN MEADOWS COMMUNITY FACILITIES DISTRICT NO. 2024-2 IMPROVEMENT AREA 4, GOLDEN MEADOWS COMMUNITY FACILITIES DISTRICT NO. 2024-3, RIVER WALK VILLAGE COMMUNITY FACILITIES DISTRICT NO. 2025-2, QUARTZ TRAIL
COMMUNITY FACILITIES DISTRICT NO. 2025-4, HERITAGE VILLAGE (herein after referred to as the “CFD”); and
WHEREAS, Resolution No. 19-833 adopted the "Resolution of Intention" on September 18, 2019, Resolution No. 19-848 entitled "A Resolution Establishing Community Facilities District No. 2019- 1,” adopted November 6, 2019; and Ordinance No. 2019-283 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2019-1 Meadow Run Authorizing the Levy of Special Taxes,” adopted November 20, 2019; and
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WHEREAS, Resolution No. 20-891 adopted the "Resolution of Intention" on May 20, 2020, Resolution No. 20-941 entitled "A Resolution Establishing Community Facilities District No. 2020-1,” adopted August 5, 2020; and Ordinance No. 2020-311 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2020-1 McCall Mesa Authorizing the Levy of Special Taxes,” adopted August 19, 2020; and WHEREAS, Resolution No. 20-889 adopted the "Resolution of Intention" on May 20, 2020, Resolution No. 20-944 entitled "A Resolution Establishing Community Facilities District No. 2020-2,” adopted August 5, 2020; and Ordinance No. 2020-312 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2020-2 Del Oro Authorizing the Levy of Special Taxes,” adopted August 19, 2020; and WHEREAS, Resolution No. 21-1013 adopted the "Resolution of Intention" on April 21, 2021, Resolution No. 21-1030 entitled "A Resolution Establishing Community Facilities District No. 2021-1,” adopted June 2, 2021; and Ordinance No. 2021-319 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-1 Banner Park Authorizing the Levy of Special Taxes,” adopted June 16, 2021; and WHEREAS, Resolution No. 21-1066 adopted the "Resolution of Intention" on September 15, 2021, Resolution No. 21-1095 entitled "A Resolution Establishing Community Facilities District No. 2021-2,” adopted November 3, 2021; and Ordinance No. 2021-330 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-2 Sumac Ridge Authorizing the Levy of Special Taxes,” adopted November 17, 2021; and
WHEREAS, Resolution No. 22-1133 adopted the "Resolution of Intention" on April 6, 2022, Resolution No. 22-1150 entitled "A Resolution Establishing Community Facilities District No. 2022-1,” adopted May 18, 2022; and Ordinance No. 2022-341 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2022-1 Quartz Ranch Authorizing the Levy of Special Taxes,” adopted June 1, 2022; and WHEREAS, Resolution No. 22-1185 adopted the "Resolution of Intention" on August 3, 2022, Resolution No. 22-1219 entitled "A Resolution Establishing Community Facilities District No. 2022-2,” adopted September 21, 2022; and Ordinance No. 2022-352 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2022-2 McLaughlin Village Authorizing the Levy of Special Taxes,” adopted October 5, 2022; and
WHEREAS, Resolution No. 22-1187 adopted the "Resolution of Intention" on August 3, 2022, Resolution No. 22-1222 entitled "A Resolution Establishing Community Facilities District No. 2022-3,” adopted September 21, 2022; and Ordinance No. 2022-353 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2022-3 Legado Authorizing the Levy of Special Taxes,” adopted October 5, 2022; and WHEREAS, on October 2, 2024 a Change Proceeding was initiated with Resolution No. 24- 1500 that adopted the "Resolution of Intention,” and on November 6, 2024 Resolution No. 24-1507 entitled "A Resolution Establishing Community Facilities District No. 2022-3 Improvement Area 2 and 3" adopted an amended boundary and rates; and Ordinance No. 2024-404 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2022-3 Improvement Area 2 and 3 Legado Authorizing the Levy of Special Taxes,” adopted November 20, 2024; and
WHEREAS, Resolution No. 23-1315 adopted the "Resolution of Intention" on May 3, 2023, Resolution No. 23-1327 entitled "A Resolution Establishing Community Facilities District No. 2023-1,” Item Title: 10.12
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adopted June 7, 2023; and Ordinance No. 2023-373 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2023-1 Rockport Authorizing the Levy of Special Taxes,” adopted June 21, 2023; and WHEREAS, Resolution No. 23-1296 adopted the "Resolution of Intention" on March 15, 2023, Resolution No. 23-1310 entitled "A Resolution Establishing Community Facilities District No. 2023-2,” adopted April 19, 2023; and Ordinance No. 2023-372 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2023-2 Cimarron Ridge Authorizing the Levy of Special Taxes,” adopted May 3, 2023; and WHEREAS, pursuant to certain change proceedings and an election held within Improvement Area No. 2 on August 21, 2024, an amended and restated rate and method of apportionment was approved for Improvement Area No. 2 as attached to Resolution No. 24-1460 adopted by the City Council on July 17, 2024 (the “Amended Improvement Area No. 2 Rate and Method”); and Ordinance No. 2024-403 entitled “Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2023-2 Cimarron Ridge of the City of Menifee Authorizing the Levy of Special Taxes within Improvement Area No. 2 in Accordance with the Amended and Restated Rate and Method of Apportionment,” adopted September 4, 2024; WHEREAS, Resolution No. 24-1447 adopted the "Resolution of Intention" on June 19, 2024, Resolution No. 24-1470 entitled "A Resolution Establishing Community Facilities District No. 2024-1,” adopted August 7, 2024; and Ordinance No. 2024-399 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2024-1 Banner Park II Authorizing the Levy of Special Taxes,” adopted August 21, 2024; and WHEREAS, Resolution No. 24-1449 adopted the "Resolution of Intention" on June 19, 2024, Resolution No. 24-1473 entitled "A Resolution Establishing Community Facilities District No. 2024-2,” adopted August 7, 2024; and Ordinance No. 2024-400 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2024-2 Golden Meadows Authorizing the Levy of Special Taxes,” adopted August 21, 2024; and WHEREAS, Resolution No. 24-1451 adopted the "Resolution of Intention" on June 19, 2024, Resolution No. 24-1476 entitled "A Resolution Establishing Community Facilities District No. 2024-3,” adopted August 7, 2024; and Ordinance No. 2024-401 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2024-3 River Walk Village Authorizing the Levy of Special Taxes,” adopted August 21, 2024; and WHEREAS, Resolution No. 25-1531 adopted the "Resolution of Intention" on February 5, 2025, Resolution No. 25-1556 entitled "A Resolution Establishing Community Facilities District No. 2025-2,” adopted April 2, 2025; and Ordinance No. 2025-409 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2025-2 Quartz Trail Authorizing the Levy of Special Taxes,” adopted April 16, 2025; and WHEREAS, Resolution No. 25-1539 adopted the "Resolution of Intention" on February 19, 2025, Resolution No. 25-1559 entitled "A Resolution Establishing Community Facilities District No. 2025-4,” adopted April 2, 2025; and Ordinance No. 2025-410 entitled "An Ordinance of the City Council of the City of Menifee, California Acting in its Capacity as the Legislative Body of Community Facilities District No. 2025-4 Heritage Village Authorizing the Levy of Special Taxes,” adopted April 16, 2025; and WHEREAS, all special taxes in the CFD were levied without regard to property valuation.

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

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Section 1. That the portion of the principal, interest and other costs related to the CFD due or coming due through June 30, 2026, be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges).

Section 2.That the properties to be so assessed and the related amounts are submitted via File Transfer Protocol as requested by the Riverside County Tax Collector, further identified as County Fund Nos.:

Fund No. CFD No.
68-0262-FC CFD 2019-1
68-0263-FC CFD 2020-1
68-0264-FC CFD 2020-2
68-0410-FC CFD 2021-1
68-0411-FC CFD 2021-2
68-0412-FC CFD 2022-1
68-0413-FC CFD 2022-2
68-0414-FC CFD 2022-3 IA 1
68-0541-FC CFD 2022-3 IA 2
68-3984-FC CFD 2022-3 IA 3
68-0542-FC CFD 2023-1
68-0543-FC CFD 2023-2 IA 1
68-0544-FC CFD 2023-2 IA 2
68-3985-FC CFD 2024-1
68-3986-FC CFD 2024-2 IA 1
68-3987-FC CFD 2024-2 IA 2
68-3988-FC CFD 2024-2 IA 3
68-3989-FC CFD 2024-2 IA 4
68-3990-FC CFD 2024-3
68-3991-FC CFD 2025-2
68-3992-FC CFD 2025-4
Section 3.The adoption of this Resolution constitutes the CFD levy for the Fiscal Year commencing July 1, 2025, and ending June 30, 2026.

Section 4.The City Clerk is hereby authorized and directed to file the levy with the County Auditor- Controller upon adoption of this Resolution.

Section 5.A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

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PASSED, APPROVED AND ADOPTED this 16th day of July, 2025.

Ricky Estrada, Mayor
Attest:

Stephanie Roseen, City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
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EXHIBIT "A"

CITY OF MENIFEE

COMMUNITY FACILITIES DISTRICTS

PRELIMINARY SUMMARY OF FIXED CHARGES
FOR FISCAL YEAR 2025/2026
District Name
County
Fund No.

Levied
Parcels
Preliminary
FY 2025-26
Levy
CFD 2019-1 Meadow Run 68-0262 65 $165,977.42
CFD 2020-1 McCall Mesa 68-0263 258 $776,469.60
CFD 2020-2 Del Oro 68-0264 68 $183,618.56
CFD 2021-1 Banner Park 68-0410 256 $691,989.31
CFD 2021-2 Sumac Ridge 68-0411 175 $585,827.71
CFD 2022-1 Quartz Ranch 68-0412 379 $1,248,577.01
CFD 2022-2 McLaughlin 68-0413 124 $323,798.97
CFD 2022-3 IA 1 Legado 68-0414 101 $351,080.00
CFD 2022-3 IA 2 Legado 68-0541 7 $5,000.00
CFD 2022-3 IA 3 Legado 68-3984 4 $5,000.00
CFD 2023-1 Rockport 68-0542 305 $1,013,416.19
CFD 2023-2 IA 1 Cimarron 68-0543 412 $388,635.18
CFD 2023-2 IA 2 Cimarron 68-0544 89 $171,991.65
CFD 2024-1 Banner Park II 68-3985 71 $235,008.00
CFD 2024-2 IA 1 Golden Meadows 68-3986 1 $5,000.00
CFD 2024-2 IA 2 Golden Meadows 68-3987 1 $5,000.00
CFD 2024-2 IA 3 Golden Meadows 68-3988 1 $5,000.00
CFD 2024-2 IA 4 Golden Meadows 68-3989 1 $5,000.00
CFD 2024-3 River Walk Village 68-3990 55 $93,896.10
CFD 2025-2 Quartz Trail 68-3991 34 $148,517.00
CFD 2025-4 Heritage Village 68-3992 3 $5,000.00
Total $6,413,802.70
Item Title: 10.12
Annual Levy for Bonded Community Facilities Districts for Fiscal Year 2025/2026 Item Page Number: 9

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF MENIFEE
SUBJECT: Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Petition of Nova Power, LLC, PLN 22-0154, located east of Antelope Road, north of McLaughlin Road, southwest of Matthews Road, and south of State Route 74 into Community Facilities District (CFD) No. 2017-1, Maintenance Services, as Annexation No. 28; and

2. Adopt a Resolution of Intention to add Annexation No. 28 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for September 3, 2025.

DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Act). CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Nova Power, LLC, (Owner), a Delaware Limited Liability Company, is the Owner of PLN 22-0154 (APN 331-180-022), which consists of an approximately 43.14 gross acre lot with a pre-existing energy generation plant. The property is located east of Antelope Road, north of McLaughlin Road, southwest of Matthews Road, and south of State Route 74, as shown in the attached Project Location Map.

The Owner has requested that the City assist it in annexing PLN 22-0154 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
CFD 2017-1, Annex 28 - Nova Power
July 16, 2025

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2 7
8 9
annexation would be designated “Annexation No. 28,” and would include property within PLN 22- 0154, to include the redevelopment of the Inland Empire Energy Center (IEEC) generation plant.

Per the Owner’s request, the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 28 to pay for those services.

Annexation No. 28 would have a maximum annual tax of $820 per acre and would be included in CFD No. 2017-1 as “Tax Zone 28.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for CFD No. 2017-1. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained by the CFD.

The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.

The next step to annex PLN 22-0154 into CFD 2017-1 is to publish a notification of the proposed annexation along with the Resolution of Intention and Boundary Maps of the proposed Annexation area. A public hearing on the matter would take place on September 3, 2025, and at that time the Council would formally consider approval of the Annexation No. 28.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there would be an annual collection of special tax revenues of approximately $30,070 to be used to pay for maintenance costs.

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

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

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 2

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July 16, 2025
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City of Menifee Staff Report
CFD 2017-1, Annex 28 - Nova Power
July 16, 2025

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ATTACHMENTS

1. Project Location Map

2. Resolution of Intention and Exhibits

3. CFD Maintenance Site Plan Exhibit
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 3

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July 16, 2025
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(MAINTENANCE SERVICES)
ANNEXATION NO. 28

PROJECT MAP
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 4

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July 16, 2025
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1 RESOLUTION NO. 25-____

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

DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017- 1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 28) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) , on November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017- 1") for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.

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

Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to Article

3.5 of the Act for the annexation into the CFD No. 2017 -1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.

Section 2. Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017 -1. The boundaries of the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Proposed Boundary Map – Community Facilities District No. 2017 -1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following:

Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 5

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Resolution of Intention Annex 28
Resolution No. 25-
2 of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017 -1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 28, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.

Section 6. Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.

Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017 -1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1.

The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.

Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.

Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017- 1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 3, 2025 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.

Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 6

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July 16, 2025
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Resolution of Intention Annex 28
Resolution No. 25-
3 Section 12. Mailing Ballots. In anticipation of its action on Wednesday, September 3, 2025, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this ____ day of _______, 2025

___________________________
Ricky Estrada, Mayor

Attest:

___________________________
Stephanie Roseen, City Clerk

Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 7

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services) (the “CFD No. 2017 -1”) Annexation No. 28 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Numbers (APNs).

Assessor Parcel Number(s) Owner Name
331-180-022 Nova Power, LLC

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 8

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EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 9

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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)

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

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

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

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 10

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EXHIBIT C

RATE AND METHOD OF APPORTIONMENT

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 11

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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

OF THE CITY OF MENIFEE

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 201 8, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, t he land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017 -1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017 -1, or any designee thereof associated with fulfilling the CFD No. 2017- 1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017- 1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017 -1 for any other admin istrative purposes of CFD No. 2017- 1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of Menifee, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.13
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 2 construction building permit issued for construction of a building of Non -Residential Property and any Building Square Footage subsequently added to a building of such Non-Residential Property after issuance of a building permit for expansion or renovation of such building.

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

“CFD” or “CFD No. 2017 -1” means the City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services).

“City” means the City of Menifee.

“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017- 1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.

“County” means the County of Riverside.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax ” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

“Maximum Special Tax B (Contingent) ” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent) , as determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

Item Title: 10.13
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 3 “Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed.

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

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undevelope d Property.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.

“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017 -1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B.

“Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve fo r the costs of Services as determined by the Administrator, and (v) Administ rative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 14

Menifee Mayor and City Council
July 16, 2025
Page
311 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

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

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

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 15

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July 16, 2025
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312 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

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

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $158
Multi-Family Residential Property RU $158
Non-Residential Property Acre $1,714

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

(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge designated for each land use a s determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 16

Menifee Mayor and City Council
July 16, 2025
Page
313 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 6 TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

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

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299-1
& PM 9504 Acre $1,515

On each July 1, commencing on July 1, 201 9 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 17

Menifee Mayor and City Council
July 16, 2025
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314 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $0
Multi-Family Residential Property RU $0
Non-Residential Property Acre $0

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge desi gnated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 - 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 18

Menifee Mayor and City Council
July 16, 2025
Page
315 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 8 TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

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

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299-1
& PM 9504 Acre $0

On each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

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

First: The S pecial Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;

Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 19

Menifee Mayor and City Council
July 16, 2025
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316 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;

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

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

First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;

Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

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

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

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

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

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

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 20

Menifee Mayor and City Council
July 16, 2025
Page
317 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017- 1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 21

Menifee Mayor and City Council
July 16, 2025
Page
318 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 APPENDIX A

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

COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2025-26. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 28.

TAX ZONE 28 (SERVICES)
PLN 22-0154
Item Description Estimated Cost
1 Landscaping $5,761
2 Lighting $2,162
3 Streets $13,390
4 Drainage $3,632
5 Reserves $3,742
6 Administration $1,383
Total $30,070
Special Tax B Contingent Services – There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 28.

TAX ZONE 28
FY 2025-26 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $820 $0
Approved Acre $820 $0
Undeveloped Acre $820 $0

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 22

Menifee Mayor and City Council
July 16, 2025
Page
319 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018-19 36299-1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC

27.68 NR Acre $1,714 $0 Several
2 2020-21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020-21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020-21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2020-21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021-22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022-23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021-22 TR 32102 &
TR 32102-1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021-22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022-23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2024-25 TR 31194 552 SFR RU $913 $0 Golden Meadowland, LLC & Golden Hill Country, LLC
12 2022-23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022-23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022-23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022-23 LLA 17-007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC 17 2023-24 PM 37145 4.82 NR Acre $3,137 $0 VSK Investments, LLC 18 2023-24 TR 37131 305 SFR RU $533 $38 AG EHC II (LEN) CA 1, LP 19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties 20 To Be Determined
21 2024-25 TR 38219 198 SFR RU $315 $71 Richmond American Homes of Maryland Inc.
22A 2023-24 TR 36658-1,
-3, -4, & -7 393 SFR RU $1,086 $100 Pulte Home Company, LLC 22B 2023-24 TR 36658-2 116 SFR RU $879 $100 Pulte Home Company, LLC 22C 2023-24 TR 36658-5
& 36658-6 247 SFR RU $879 $100 Pulte Home Company, LLC
23 2024-25 TR 37671 182 SFR RU $1,293 $0 Pulte Home Company, LLC 24 CANCELED
25 TO BE DETERMINED
26 2024-25 TTM 38126 96 SFR RU $1,239 $0
Richmond American
Homes of Maryland, Inc.,
a Maryland corporation
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 23

Menifee Mayor and City Council
July 16, 2025
Page
320 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 13 Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
27 2024-25 333-040-043,
333
-040-044 1. 89 NR Acre $5,016 $1,002
KA Menifee, LLC, Capital
Financial Group, Inc.

Defined Benefit Pension
Plan, Kaassi International,
Inc. Defined Benefit
Pension Plan, KZA Inc.

Defined Benefit Pension
Plan.
28 2025-26 PLN 22-0154 43.14 COM Acre $820 $0 Nova Power, LLC 29 2024-25 TR 38346 162 MFR RU $274 $65 Lennar Homes of California, LLC
ES

CALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 19 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 24

Menifee Mayor and City Council
July 16, 2025
Page
321 of 2087

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 14 APPENDIX B

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

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

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

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 25

Menifee Mayor and City Council
July 16, 2025
Page
322 of 2087

EXHIBIT D

ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 26

Menifee Mayor and City Council
July 16, 2025
Page
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Ethanac Rd
Antelope Rd
San Jacinto Rd
Van
Buren
Ave
Jackson Ave
M
cLaughlin Rd
Matthews Rd
Russell Rd
·|}þ74
331-180-022
SHEET 1 OF 1 SHEET
\_
CFD 2017-1
TAX ZONE 28
·|}þ74·|}þ74
§¨¦215

MENIFEE
0 1,000 2,000500 Feet
ANNEXATION MAP NO. 28
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 6 9 A N D AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY

OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________

CITY CLERK

C IT Y OF MENIF EE
-

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.

FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2025-26.

RECORDED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
P A G E _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y

FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY

RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.

FEE: _____________ NO.: ______________________

PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY

FILED IN THE OFFICE OF THE CITY CLERK, CITY OF
MENIFEE, THIS _______ DAY OF _________________, 20___. ___________________________________

CITY CLERK

C IT Y OF MENIF EE

XXX-XXX-XXX ASSESSOR PARCEL NUMBER
LEGEND

PARCEL LINE

CFD BOUNDARY

CITY BOUNDARY
28 TAX ZONE
28 Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 27

Menifee Mayor and City Council
July 16, 2025
Page
324 of 2087

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 28

Menifee Mayor and City Council
July 16, 2025
Page
325 of 2087

EXHIBIT E

PETITION

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 29

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July 16, 2025
Page
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Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 30

Menifee Mayor and City Council
July 16, 2025
Page
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PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE AND

A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982 AND

CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE

COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES

DISTRICT

1. The undersigned requests that the City Council of the City of Menifee, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance Services) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control fa cilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2017-1.

The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysi s and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2017-1 of the portion of the incorporated Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 31

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July 16, 2025
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area of the City of Menifee or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.

IN WITNESS WHEREOF, I hereunto set my hand this

NOVA POWER, LLC
By:

Name:

Title:

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.

OWNER'S MAILING ADDRESS:

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS DAY OF , 20 .

City Clerk of the City Council of the
City of Menifee
_________ day of
Plot Plan No. PLN 22-0154
APN 331-180-022
Jeff Koshkin
Vice President
3rd July, 2025
717 Texas Avenue, Suite 1000
Houston, Texas 77002
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 32

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July 16, 2025
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EXHIBIT F

NOTICE OF PUBLIC HEARING

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 33

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July 16, 2025
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NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on July 15 , 2025 adopted its Resolution No. 2025-__, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 201 7-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, September 3, 2025 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2017-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 3, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Ex ecutive Order of the Governor of California, the means and methods for participating the meeting s hall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made av ailable upon request to the Menifee City Clerk's office at 951-723-3471.

D
ATED: ____________, 2025 _________________________________________ City Clerk of the City of Menifee
PUB: ____________, 2025
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 34

Menifee Mayor and City Council
July 16, 2025
Page
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EXHIBIT G
BALLOT

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 35

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 28
(September 3, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner Number of Acres Owned Total Votes
Nova Power, LLC 43.14 44
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Thi
s special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.

This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

M
ail
Delivery:

P
ersonal
Delivery:

If by mail, place ballot in the return envelope provided, and mail no later than August 6, 2025, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

If in person, deliver to the City Clerk at any time up to 5: 00 p.m. on September 3, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the c lose of the public meeting on September 3, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 36

Menifee Mayor and City Council
July 16, 2025
Page
333 of 2087

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Nova Power, LLC
Attn: Jeff Koshkin
3003 Oak Road, Suite 400
Walnut Creek, CA 95497
331-180-022

CITY OF MENIFEE

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

Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Maximum
Special Tax A
Non-residential $820
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2017 -1 (Maintenance Services) C ity of Menifee” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2025-__ adopted by the City Council of the City of Menifee on July 15, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

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

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

Jeff Koshkin
Vice President
Signature
Print Name
Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 37

Menifee Mayor and City Council
July 16, 2025
Page
334 of 2087

CFD SITE MAINTENANCE EXHIBIT
NOVA POWER – ANNEXATION NO. 28

Item Title: 10.13
Resolution of Intention for Annexation No. 28, Nova Power, LLC, into Community Facility District 2017-1, Maintenance Services Item Page Number: 38

Menifee Mayor and City Council
July 16, 2025
Page
335 of 2087

CITY OF MENIFEE
SUBJECT: Community Services Department On-Call Short List for General Contractor Services
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the Community Services Department on-call short list for general contractor services for as needed services for fiscal years 2025/26 through 2030/31; and

2. Authorize the City Manager to approve future Master Agreements based on the approved on- call short list for general contractor services at the City’s discretion and contingent on availability of the corresponding budget.

DISCUSSION
The City of Menifee’s Community Services Department (CSD) oversees the ongoing maintenance of all City facilities, parks, and rights-of-way. As the City has grown, the number of maintenance projects led by the Department has continuously increased.

On April 7, 2025, staff issued Request for Qualification (RFQ) No. 2025-15 for facility general contractor on-call services. The intent of the RFQ was to establish an on-call list of qualified contracts available to supplement city projects. The services would include, but are not limited to, as needed, general construction and/or emergency repair services including carpentry, plumbing, electrical work, and indoor and outdoor painting.

The City received seven proposals from the following firms:
AMTEK Construction
Elite Total Renovations, LLC
Free Bee Construction
Magics Heating and Air, LLC
M. Brey, Inc. dba MBE Construction
Item Title: 10.14
Community Services Department On-Call Short List for General Contractor Services Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
CSD On-Call General Contractor Short List
July 16, 2025

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2 7
6 0
R&R B Inc. dba Servpro of Chino/Chino Hills
We R Builder Inc.

An evaluation committee consisting of City staff evaluated the submittals. As part of the City’s RFQ process, they were evaluated based on the criteria set forth in RFQ 2025-15 which included the experience of the firm, references, project/services experience, cost proposal, and quality of responsiveness of the proposal.

All tabulated results from the evaluations are listed in Table 1 below:

TABLE 1 – RFQ EVALUATION SUMMARY
Firm Name
Evaluation
Score
R&R B Inc. dba Servpro of Chino/Chino Hills 89.00
AMTEK Construction 88.00
M. Brey, Inc. dba MBE Construction 87.00
We R Builder, Inc. 85.67
Free Bee Construction 57.33
Magics Heating and Air, LLC 42.33
Elite Total Renovations, LLC 28.33
Following the evaluation process and reference checks, four firms have been recommended for the City’s qualified short list to provide on-call general contractor services. The list includes R&R B Inc. dba Servpro of Chino/Chino Hills, AMTEK Construction, M. Brey, Inc. dba MBE Construction, and We R Builder, Inc who were the top four scoring firms at the conclusion of the evaluation process. The inclusion of the City’s on-call short list does not guarantee award of future contract(s), and the City reserves the right to issue separate RFQ/RFPs as deemed necessary for specific services and/or projects.

The short list proposed is to be eligible for the period of Fiscal Years (FYs) 2025/26 through 2030/31. The City reserves the right to re-issue a new RFQ solicitation, as deemed necessary during the short-list five-year period.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Any projects utilizing the firms from the established on-call short list would utilize funds already budgeted in the approved CSD budget. Funding needed for any additional project utilization in future years would be budgeted in those respective years
Item Title: 10.14
Community Services Department On-Call Short List for General Contractor Services Item Page Number: 2

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July 16, 2025
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City of Menifee Staff Report
CSD On-Call General Contractor Short List
July 16, 2025

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6 0

ATTACHMENTS

1. On-Call Contractor Services Short List
Item Title: 10.14
Community Services Department On-Call Short List for General Contractor Services Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
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338 of 2087

City of Menifee
Community Services Department
Fiscal Year 2025/2026-2030/2031 On Call List (General Contractor Services)

On-Call General Contractor Services
AMTEK Construction
M. Brey, Inc. dba MBE Construction
R&R B Inc. dba Servpro of Chino/Chino Hills
We R Builder, Inc

Item Title: 10.14
Community Services Department On-Call Short List for General Contractor Services Item Page Number: 4

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July 16, 2025
Page
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CITY OF MENIFEE
SUBJECT: Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Heriberto Gutierrez, Acting Chief of Police APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Riverside County Public Safety Enterprise Communication (PSEC) for radio transmission services in a not-to-exceed amount of $2,145,000 through June 30, 2030; and

2. Authorize the Finance Department to issue a purchase order against the contract for each corresponding fiscal year.

DISCUSSION
From the inception of the Menifee Police Department (MPD) in 2020, dispatch services have been contracted through the City of Murrieta. A necessary part of this agreement includes maintaining radios, and radio transmission capabilities to facilitate timely responses for both agencies. Riverside County Public Safety Enterprise Communications (PSEC) is the agency that allows police radios to transmit and receive transmissions. They are also responsible for creating channels for police departments to communicate. The City of Murrieta contracts with PSEC as its communication system, and in order to maintain continuity among the partners, MPD is requesting to continue a contract with them also.

The original agreement between MPD and PSEC is set to expire on June 30, 2025. This initial agreement allowed for a staggered onboarding rate that included a gradual percentage increase year-over-year. MPD is currently in year five of this agreement, placing the City at 100% payment for all radios registered to the department. While the cost percentage has increased to the maximum level of 100%, the cost per radio has remained relatively level with only slight increases and/or decreases in recent years as more local agencies join the platform. The City of Indio was the most recent department to come online with PSEC in 2023. The board approved monthly rate for the 2025/2026 fiscal year is $121.76 per radio. This is the general rate, and additional Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
PSEC Agreement
July 16, 2025

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2 7
5 5
charges for holiday hours, and emergency channels may apply per Exhibit A - PSEC Board Approved Rates of the agreement.

MPD currently has 210 full-time radios, and 7 emergency radios. These radios include handheld, in-car, and dispatch console units. Any increase in these numbers would be tied to staffing increases. The agreement amount requested would cover all current radios, potential future growth, estimated radio costs per year, and repairs as-needed with no additional appropriations requested.

The amount of the proposed agreement exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and 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 with Riverside County Public Safety Enterprise Communications is not-to-exceed $2,145,000 across all contract terms. Funding for two years of the proposed agreement is available within the fiscal years 2025/2026 and 2026/2027 budget under equipment maintenance for the Patrol division within the General Fund (1100-MPD-PATR- 652500). Future fiscal year funding would be budgeted as part of the respective year’s budget.

No additional budget appropriation(s) is required.

TABLE 1 PROPOSED AMOUNT PER FISCAL YEAR
Fiscal Year Proposed Contract
Amount
FY 2025/2026 $425,000
FY 2026/2027 $425,000
FY 2027/2028 $430,000
FY 2028/2029 $430,000
FY 2029/2030 $435,000
TOTAL $2,145,000

ATTACHMENTS

1. Agreement
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 1 PSEC Use Agreement for
Full Time and/or Emergency Radio Use with
City of Menifee
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 3

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July 16, 2025
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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 2 PSEC USE AGREEMENT FOR Full Time and/or EMERGENCY RADIO USE This PSEC Use Agreement for Full Time and/or Emergency Radio Use (“Agreement”) is made and entered into by and between the County of Riverside, a political subdivision of the State of California (“COUNTY”), and the City of Menifee (“AGENCY”), collectively referred to herein as the “Parties.”

RECITALS
WHEREAS, COUNTY operates, manages and maintains the Public Safety Enterprise Communication System (“PSEC System”) and all infrastructure equipment utilized to support “subscribers” on the PSEC System; Maintenance of subscriber equipment i.e. consoles, handheld radios, mobiles radios, cellular devices are not part of the subscriber monthly rate. If AGENCY chooses to utilize PSEC for maintenance, AGENCY will be required to enter into a separate agreement; and
WHEREAS, AGENCY desires to use the PSEC System, in compliance with the terms of this Agreement and without hindering the functionality or operation of the PSEC System; and WHEREAS, COUNTY is willing to grant AGENCY a limited license to access and use the PSEC System;
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and AGENCY agree as follows:

I. Use Granted
Subject to and conditioned on AGENCY’s payment of the fees and compliance and performance in accordance with the terms and conditions of this Agreement, COUNTY grants to AGENCY and AGENCY hereby accepts a limited, nonexclusive, nontransferable, and non-assignable license (mobile or portable radios or dispatch console or cellular device) to access and use, solely during the terms, as defined in Exhibit C, Statement of Work, which is attached and incorporated herein by this reference, the PSEC System, at COUNTY’s sole and absolute discretion. Subject to COUNTY’s approval, AGENCY may choose to add additional subscribers to the system.

Additional subscribers may impact the system’s capacity thereby requiring the system to be expanded. If adding additional subscribers will require system expansion, COUNTY will notify AGENCY to provide AGENCY with the opportunity to decide whether to pursue the request for adding additional subscribers or to rescind the request for adding additional subscribers. Any system expansion costs incurred to support the additional subscribers will be billed to the AGENCY.

The County of Riverside Board of Supervisors (the “Board”) retains ultimate legal and financial authority over the PSEC System; however, the Board, through the PSEC Charter, has delegated administrative, operational, and financial control to the PSEC Steering Committee. The PSEC Steering Committee provides governance and financial accountability. AGENCY agrees and acknowledges that AGENCY shall always comply with the terms Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 4

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July 16, 2025
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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 3 of this Agreement and never hinder the functionality or operation of the PSEC System. Users of the PSEC System will abide by the direction/guidance provided by the PSEC Steering Committee.

Supervision over the provision of COUNTY services, the standards of performance, and other matters incident to the performance of such services, shall remain with the COUNTY at all times. The full PSEC Governance Charter is available upon request.

II. Period of Performance
The term of this Agreement shall commence upon execution by both Parties and expire on June 30, 2030 (the “Initial Term”), unless earlier terminated. This Agreement may be renewed in writing in one (1) five-year increment (“Renewal Term”) and is subject to approval by the COUNTY’s Board of Supervisors. The rates payable by AGENCY during a Renewal Term is defined in Section III of this Agreement.

III. Payment
PSEC System rates are reviewed and approved annually by the Board, with changes taking effect automatically on July 1 of each year. On July 1 of every year, the rates for PSEC System use and maintenance under this Agreement will automatically adjust based upon these new rates, in accordance with Riverside County PSEC Rate Guide, which is attached as Exhibit A of this Agreement and incorporated herein by this reference.

COUNTY shall invoice AGENCY each month for AGENCY’s use of the PSEC System. Payment shall be due on the first day of each calendar month during the term of this Agreement. In the event AGENCY fails to make its monthly payment within thirty (30) days after the due date, a non-refundable late fee of three hundred dollars ($300.00) shall apply.

IV. Termination
Termination by COUNTY: COUNTY may terminate this Agreement without cause upon ninety (90) days written notice served upon AGENCY stating the extent and effective date of termination. Further, COUNTY shall have the right to immediately terminate this Agreement if AGENCY: files for voluntary or involuntary bankruptcy for the adjudication of Agency as a debtor; makes a general assignment, or AGENCY’s interest hereunder is assigned involuntarily or by operation of law, for the benefit of creditors; fails to comply with the terms of this Agreement; or fails to comply with applicable law. AGENCY shall have thirty (30) days to cure any breach or default, to the satisfaction of COUNTY, under this Agreement after written notice from the COUNTY.

Termination by AGENCY: This Agreement may be terminated by AGENCY without cause, provided that AGENCY has given at least ninety (90) days’ prior written notice. Upon expiration or termination of this Agreement, all rights, licenses, consents and authorizations granted by COUNTY to AGENCY shall immediately terminate, and COUNTY may disable all access to the PSEC System.

Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 5

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July 16, 2025
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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 4 V. Restrictions
The use granted herein is for AGENCY, and AGENCY only. AGENCY shall not permit any other individual or entity access to or use of the license except as expressly permitted in this Agreement. Specifically, AGENCY shall not:

A. Enter into a separate agreement that provides any third-party access to the PSEC Radio System; B. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available in any manner or form any part of this license, or access to and/or use of the PSEC System; C. Access or use the PSEC System in any manner, or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of any information obtained through the PSEC System), or that violates any applicable law; D. Bypass any security device or protection used to access the PSEC System, or access the PSEC System through any means other than by valid access credentials; E. Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the PSEC System, including but not limited to, interference with the COUNTY’s access to or use of the PSEC System;
F. Otherwise access or use the PSEC System beyond the scope of the authorization granted under Section I of this Agreement.

VI. Indemnification
AGENCY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, and representatives (individually and collectively hereinafter referred to as “Indemnitees”) from any liability, action, claim, or damage whatsoever, based or asserted upon any negligent or wrongful access and/or use of the PSEC System by AGENCY, its officers, employees, subcontractors, agents, or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, death, or any other element of any kind or nature. AGENCY shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions, or services. With respect to any action or claim subject to indemnification herein by AGENCY, AGENCY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the County of Riverside; provided, Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 6

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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 5 however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes AGENCY’s indemnification to Indemnitees as set forth herein.

VII. Coverage Performance
The PSEC System provides extensive and robust coverage across Riverside County. However due to the nature of radio systems (i.e. variation in geography, location in relation to PSEC radio sites, time dependent obstructions, radio performance and many other factors) coverage cannot be guaranteed for every location within the County. Coverage performance also cannot be guaranteed within buildings. AGENCY must perform radio tests of the system to verify their coverage needs will be met prior to onboarding onto the system. By onboarding onto the PSEC System, AGENCY chooses to accept the PSEC Radio System coverage as-is. If coverage expansion is requested by the AGENCY, any associated costs will be at the AGENCY’s expense.

AGENCY subscribers using cellular devices on the Critical Connect System are subject to cellular coverage provided by a third-party cellular network provider. PSEC is not responsible for the coverage area or any outage due to the third-party cellular coverage.

VIII. Critical Connect System
The Critical Connect System is a cloud-based application, WAVE Mobile Communicator, provided by Motorola Solutions which turns your cellular device into a broadband push-to-talk device to communicate with other users of the PSEC System. The Critical Connect System is dependent on the user’s third-party cellular network connection and coverage is not guaranteed by PSEC.

PSEC does not recommend Critical Connect as the only form of communications for AGENCY and does not recommend Critical Connect for field level responders.

IX. Miscellaneous
A. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties.

B. County’s Representative: COUNTY appoints its Executive Office delegate on the PSEC Steering Committee and the PSEC Steering Committee Chair as its authorized representatives to administer this Agreement.

C. Notices: Notices required or given by either party shall be to the following:

Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 7

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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 6 D. AGENCY shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of COUNTY. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect.

E. Any waiver by COUNTY of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of COUNTY to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing COUNTY from enforcement of the terms of this Agreement.

F. AGENCY shall comply with all applicable Federal, State and local laws and regulations. AGENCY will comply with all applicable COUNTY policies and procedures. In the event there is a conflict between the various laws or regulations that may apply, the AGENCY shall comply with the more restrictive law or regulation.

G. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

H. This Agreement, including any attachments or exhibits, constitutes the entire agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both Parties.

COUNTY:

County of Riverside, PSEC
Trish Byrd, PSEC Manager
7195 Alessandro Blvd.

Riverside, CA 92506
(951) 955-1086
AGENCY:

City of Menifee Police Department
Christine Booker, Police Budgets & Grants Analyst
29714 Haun Rd.

Menifee, CA 92586
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 8

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July 16, 2025
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PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee 7 I. For Critical Connect System users, Critical Connect is a cloud-based application that turns your cellular device into a broadband push to talk device that can communicate with others on the PSEC system. AGENCY is responsible for agreement with third-party cellular network provider and all associated costs for the cellular services provided by that agreement. For Critical Connect System users, an additional license with Motorola for the cellular device is required. AGENCY is responsible for setting up a child account with Motorola for AGENCY. AGENCY will be invoiced directly by Motorola Solutions, PSEC is not responsible for these costs X. Maintenance
COUNTY will maintain all PSEC infrastructure. Maintenance of any additional equipment including but not limited to AGENCY’s consoles and subscriber equipment will be covered in Exhibit B Support and Maintenance. All maintenance and repair of AGENCY’s cellular devices will be the responsibility of the AGENCY.

XI. Electronic/Digital Signatures
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 9

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July 16, 2025
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15 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY: AGENCY:

COUNTY OF RIVERSIDE City of Menifee
By: ____________________________ By: _____________________________ Name: Name: Armando G. Villa
Title: Title: City Manager

Dated: _________________ Dated: __________________ By: ____________________________ ATTEST
Name: Chris Wagner
Title: PSEC Chair
By: _____________________________
Name: Stephanie Roseen
Dated: _________________ Title: City Clerk APPROVED AS TO FORM Dated: __________________
Minh C. Tran
County Counsel APPROVED AS TO FORM
By:___________________ By: _____________________________ Amrit P. Dhillon Jeffrey T. Melching
Deputy County Counsel City Attorney
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 10

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July 16, 2025
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16 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee

EXHIBIT A

PSEC BOARD APPROVED RATES
The published rate guide reflects a cost of $121.76 for each full time user and $24.35 for each emergency radio user for Fiscal year 25/26.

DEFINITION FY 24/25 RATEFY 25/26 RATEUNIT
Device - Emergency radioMonthly charges for the base consolette, consoles, mobile, portable radio unit and critical connect device$25.40 $24.35 Per Device per Month Device - Holiday radioMonthly charges for the base consolette, consoles, mobile, portable radio unit and critical connect device Refer to Use AgreementRefer to Use AgreementPer Device per Month Device - Communication deviceMonthly charges for the base consolette, consoles, mobile, portable radio unit and critical connect device$126.99 $121.76 Per Device per Month Technician Expert Time - REG (during business hours)
Technician Expert time (REG) to cover work done outside of PSEC Use Agreement $80.78 $82.14 Per Hour Technician Expert Time - OT (after business hours)
Technician Expert Overtime to cover work done outside of PSEC Use Agreement $84.33 $86.00 Per Hour Rack Set rate for monthly full rack mount charge $567.46 $590.87 Per Month Half Rack Set rate for monthly half rack mount charge $283.73 $295.44 Per Month Floor Space Set rate for monthly square footage charge excluding rack space$567.46 $590.87 Per Month Antenna Mounted LowerSet rate for monthly LMR antenna lower $300.00 $342.56Position of the antenna per month Antenna Mounted MiddleSet rate for monthly LMR antenna middle $600.00 $685.11Position of the antenna per month Antenna Mounted TopSet rate for monthly LMR antenna top$900.00 $1,027.67Position of the antenna per month Microwave ConnectionMonthly charge per connection for microwave transmission $336.37 $339.68 Per Month Application Fee Application fee for FCC licensing or for permits Actual CostActual CostPer application Engineering Expert Time - REG (during business hours)
Engineering Expert Time (REG) to cover work done outside of PSEC Use Agreement $127.19 $138.57 Per Hour Engineering Expert Time - OT (after business hours)
Engineering Expert Overtime to cover work done outside of PSEC Use Agreement $135.68 $149.70 Per Hour Microwave and Site
Technology Engineering
Subscriber
Technician
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 11

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17 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee

EXHIBIT B

SUPPORT AND MAINTENANCE

1. COUNTY maintenance and support of AGENCY’s fleet of subscriber equipment will include the services listed below as part of the monthly subscriber rate paid to the COUNTY. AGENCY is responsible for scheduling all maintenance and for transporting radios to PSEC facility.

Radios/Consoles
Firmware/Software upgrades mandated by COUNTY
County initiated codeplug updates*
Any radio or console repairs not covered by a separate subscriber (consoles/radios) maintenance agreement with PSEC, will be billed at the Board Approved Rate. If parts are needed as part of the repair, all parts will be billable.

Any AGENCY driven changes, including console configuration files (ELT)/codeplug modifications, will be billed on a time & material basis per Board approved rates. Items not listed as covered under this Agreement will be subject to additional cost on a time and material basis per Board approved rates.

2. Any changes to ELT/code plugs shall be reviewed by COUNTY to ensure no adverse impact on the overall system.

3. AGENCY and COUNTY will coordinate all firmware and software upgrades of subscribers (portable, mobile or consoles) prior to AGENCY action. AGENCY is responsible for ensuring that all console and subscriber equipment firmware and software version remains compatible with the current and future PSEC System release versions. Any upgrades and/or replacement of console or subscriber equipment to maintain combability with the PSEC System is the sole responsibility of the AGENCY.

4. For users of the Critical Connect System, COUNTY will notify AGENCY if an update to the Wave Mobile Communicator Application is available, AGENCY will be responsible to update the WAVE Mobile Communicator Application on cellular device when an update is available.

5. Encryption key may be changed by COUNTY when required.

Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 12

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July 16, 2025
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18 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee

6. If radio is lost or stolen, and AGENCY chooses to deactivate the radio, contact can be made 24x7 to PSEC’s on-call technicians. On-call contact information is distributed to all PSEC customers on a weekly basis.

7. For users of the Critical Connect System, AGENCY is responsible for immediately notifying PSEC if a cellular device is lost or stolen.

8. For users of the Critical Connect System, the device is tied to a phone number, AGENCY is responsible for notifying PSEC within five (5) days if the phone number is transferred to a new user.

9. The COUNTY utilizes over-the-air tools to evaluate whether radios operating on the system are doing so within their factory rated specifications. Subscribers that operate outside of the factory specification tolerance can cause interference and degrade audio quality performance on the radio system. The COUNTY will notify the AGENCY of radios that are performing outside of their factory rated specifications and the AGENCY will be required to have radio serviced with their service provider prior to impacting the system or system users. If a subscriber piece of equipment is determined to be detrimental to the system or other PSEC user(s) the equipment will be removed and or deactivated from the system.

10. AGENCY must maintain an updated record of subscriber/Console firmware and software changes.

11. PSEC Facility Maintenance Operations
Subscriber repair covered under a separate agreement will be provided during normal business hours at one of the three PSEC radio shops. Drop off service for portable and mobile radios is available during normal business hours on appointment basis only. Radio shop contact information is listed below.
7195 Alessandro Blvd., Riverside, CA 92506
(951) 955-3644
82695 Dr. Carreon Blvd., Indio, CA 92201
(760) 863-8999
249 N. Spring Street, Blythe, CA 92225
(760) 921-5087 or (760) 921-5079
Normal business hours are: Mon - Thurs 7:00 a.m. to 4:30 p.m. and Friday 7:00 a.m. to 3:30 p.m. excluding holidays. PSEC does have 24x7 maintenance technicians available for emergency repairs.

Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 13

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July 16, 2025
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19 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee Contact can be made to PSEC’s on-call technicians. On-call contact information is distributed to all PSEC customers on a weekly basis.

12. COUNTY does not keep cache spares. AGENCY should have spares in the event equipment cannot be repaired in shop and may need to be shipped back and/or there is a prolonged waiting period for factory repair. Cache spares will be billed at the emergency rate.

13. ADDITIONAL EQUIPMENT PURCHASES AND FEES
Additional equipment purchases are considered any equipment purchases/orders/added after the signing of the Agreement.

Additional equipment purchases, the initial mandatory setup fee and future AGENCY requested changes (i.e. ELT/code Plug changes driven by the Agency) are not included in the monthly subscriber rate and will be invoiced separately.

All radios purchased will require an Advanced System Key (ASK) feature. This includes Motorola, Harris, EF Johnson and any others.
All radios purchased to operate on PSEC System must have hardware system key enabled and COUNTY will be the keeper of that key.
All radio types and/or manufacturers must be pre-approved to come on the PSEC System by COUNTY prior to purchase.

For Critical Connect System users, all cellular device purchases, Critical Connect System license and costs for associated service contracts with cellular network providers are the responsibility of the AGENCY and are not included in the monthly subscriber rate.

14. APPROVED EQUIPMENT as of July 1, 2022:

The following equipment has been approved by COUNTY for use on the PSEC Radio System:
Motorola MCC7500/E Console (Revision 21.8.5)
Motorola APX Consolette (Firmware 26.03.00)
Motorola APX Series 4000 Portables (Firmware 26.03.00) Motorola APX Series 6000 Mobiles and Portables (Firmware 26.03.00)) Motorola APX Series 7000 Mobiles and Portables (Firmware 26.03.00) Motorola APX Series 8000 Portables and Mobiles (Firmware 26.03.00) Motorola APX N Series – Firmware 5 or higher
Harris XL-45 (Firmware Version R12H)
Harris XL-95 (Firmware Version R12H)
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 14

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July 16, 2025
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20 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee Harris XL-145 (Firmware Version R12H)
Harris XL-200 (Firmware Version R12H)
Harris Unity (Firmware version-XGPRO6K07_XG100P)
Kenwood VP 6430 Firmware 8.34.16
Kenwood VP5430 Firmware 8.34.16
Kenwood NX5400 Firmware 8.34.16
Kenwood VP 900 Firmware 8.34.16
Kenwood VP 8000 Firmware 8.36.14.269
Kenwood VM 8000 Firmware 8.42.30
All equipment to be used on the PSEC System MUST be pre-approved by COUNTY prior to operation on the System.

Although the COUNTY has evaluated the provided list of approved subscribers for System compatibility, the COUNTY is not responsible for any issues encountered by AGENCY with these subscribers that are deemed to be a manufacturer issue.

It is the responsibility of the AGENCY to test manufacturer subscribers, not included on the approved list, and obtain assurance from the manufacturer that their subscribers can operate on the PSEC Radio System per the AGENCY’s and COUNTY’s requirements. AGENCY may request the COUNTY to test other manufacturer’s equipment to be used on the PSEC Radio System, depending on the level of testing required these services may be billed at the Board approved rates.

15. CALL OUTS
COUNTY shall provide 24-hour service support for COUNTY maintained and operated infrastructure related issues and equipment.
AGENCY owned infrastructure issues and equipment are the responsibility of the AGENCY.

After-hours call out radio repair service that is not covered by a separate agreement for single subscriber issues must be deemed an emergency and will be billed at the Board approved rate. If AGENCY has a need for after-hours radio repair service, that service will be billed at a time and material rate in accordance within EXHIBIT A “PSEC BOARD APPROVED RATES”.

16. SPECIAL PROVISIONS
Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 15

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July 16, 2025
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21 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee If AGENCY wants to program their own radios, they must sign the Advanced System Key (ASK) agreement.
AGENCY does not have the authority to program radio subscriber equipment for other agencies, including Federal agencies, without previous authorization from PSEC.

This Agreement only authorizes devices that are APCO P25 Phase II TDMA (time division multiple access) compliant. FDMA (frequency division multiple access) radios are not authorized on the PSEC Radio System.

EXHIBIT C

STATEMENT OF WORK
This Statement of Work between the AGENCY and COUNTY describes the duties of each of the Parties.

The AGENCY is requesting to join the PSEC Radio System as a Full Time and/or Emergency user with a total of 217 AGENCY owned subscribers (210 Full Time and 7 Emergency).

An Emergency Radio for a Full Time User is defined as a radio that is programmed for full-time use, and the radio permissions are active on the PSEC network but is only used in the event of an emergency or disaster. The purpose of the emergency radio for a Full Time User is to allow for the AGENCY to have a radio quickly available to them in the event of an emergency or disaster. As an emergency user, the AGENCY shall not use the system for day-to-day operations. PSEC will periodically assess the AGENCY’s use of the system. Should PSEC, in its sole discretion, determine that the AGENCY has used the PSEC System for non-Emergency Communications, the AGENCY will be subject to the full-time user rate of the given fiscal year. Non-Emergency Communications for the Full Time User would be defined as if the radio is being used to monitor the PSEC system daily, (dispatch back up radio would be an exception), or more than ten (10) Push to talks per month.

If AGENCY uses the Emergency Radio for an incident, they must notify PSEC via email at [email protected] immediately. Billing changes will be effective date of email notification.

To remove the radio completely from billing the radio would need to be brought to PSEC and have the programmed removed, and the ID would be removed from the PSEC system.

The AGENCY’s area of operation will be covered by the Southwest and Northwest Simulcast cells. The coverage provided by the PSEC Radio System is “as is”. This Agreement does not provide any coverage guarantees. It is the responsibility of the AGENCY to test their area of operation and determine if it meets their Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 16

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July 16, 2025
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22 PSEC FULL TIME and/or EMERGENCY USER AGREEMENT: City of Menifee needs prior to joining the PSEC Radio System. For the Critical Connect System, coverage is dependent upon the user’s third-party cellular network connection and coverage, capacity and uptime is not guaranteed by PSEC.

COUNTY will develop the fleet map, review vendor created codeplug, and activate the IDs on the network for AGENCY. These costs are listed in the Cost Estimate Table in EXHIBIT A. “PSEC BOARD APPROVED RATES” of this Agreement.

Talkgroups
AGENCY will follow the COUNTY’S naming convention for talkgroup development. COUNTY will work in conjunction with AGENCY to develop the talkgroup structure for the AGENCY. COUNTY and AGENCY will jointly design and develop radio personalities for use on the PSEC System.

AGENCY represents by entering into this Agreement, that all their equipment conforms to the specifications of the PSEC System and AGENCY will abide by all programming guidelines set forth in this Agreement. All subscriber equipment on the PSEC System must support system key technology that will allow only authorized persons to program subscriber radios on the system.

County Responsibilities:
COUNTY will hold the license for all master system key technologies and will provide child keys to AGENCY for radio programming.
All subscribers (mobile, portable, and consolette) Logical Identification Numbers (LID) are defined and issued by the COUNTY. LID numbers are the intellectual property of the COUNTY and must be surrendered at termination of this Agreement. COUNTY will engrave all portables and mobiles with PSEC Trunked radio unit IDs.

Agency Responsibilities:
AGENCY agrees that all their equipment conforms to the specifications of the PSEC System and will abide by all programming guidelines set forth.
All subscriber equipment on the PSEC System must support Advanced System Key technology that will allow only authorized persons to program subscriber radios on the system. AGENCY is solely responsible for procuring all equipment and services related to implementing their dispatch centers.

Item Title: 10.15
Agreement with Riverside Public Safety Enterprise Communication for Radio Transmission Services Item Page Number: 17

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July 16, 2025
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for the Fiscal Year 2024/2025 Local Roads AC Resurfacing Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Austin Mills, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Copp Contracting, Inc. for construction services for Fiscal Year (FY) 2024/2025 Local Roads AC Resurfacing Project, Capital Improvement Program (CIP) Project No. 25-07, located west of the I-215 freeway in a local Sun City neighborhood bounded by Chambers Avenue, Sun City Boulevard, and Bradley Road, in a total not-to-exceed amount of $811,934.90.

DISCUSSION
The FY 2024/2025 Local Roads AC (asphalt concrete) Resurfacing (Sun City) Project, CIP Project No. 25-07 (“Project”), would resurface the existing pavement for Comwell Street, Embassy Street, Invarey Street, and Ventan Street. The Project would construct a layer of asphalt rubber aggregate membrane (ARAM), a mixture of rubberized asphalt emulsion and 3/8-inch rock aggregate, which would be applied over the existing pavement, followed by a layer of 1.5 inches of rubberized AC pavement. The Project would also reconstruct 14 existing non-compliant ramps to Americans with Disabilities Act (ADA) standards and install signing and striping throughout the entire Project area.

On June 16, 2025, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of seven bid submissions, as summarized in Table 1 on the following page.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2024/2025

Local

Roads

AC
Resurfacing Project
Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
357 of 2087

City of Menifee Staff Report
CIP 25-07 Copp Contracting, Inc. Bid Award
July 16, 2025

Page 2 of 3 ends

2 8
1 1
TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Base Bid Amount Lowest and Responsible Bidder Engineers Estimate $795,300.00
Copp Contracting, Inc. $811,934.90 X
Hardy & Harper, Inc. $815,000.00
Dash Construction, Inc. $888,660.20
LC Paving & Sealing, Inc. $897,183.00
Onyx Paving, Inc. $936,000.00
All American Asphalt $947,939.30
Van Engineering, Inc. $1,292,656.25
Staff reviewed the lowest bid and determined that Copp Contracting, Inc. (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $811,934.90. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.

The total estimated construction cost is $921,767.40, which would include construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.

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

Construction Start: August 2025
Construction End: October 2025
City Council Acceptance: November 2025
The timeline above assumes no delays due to weather or unforeseen conditions.

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

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a Project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City right- of-way (ROW). No additional automobile lanes will be created by the Project. The proposed Project is the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.

Item Title: 10.16
Bid

Award

and

Agreement

with

Copp

Contracting,

Inc.

for

Construction

Services

for

the

Fiscal

Year

2024/2025

Local

Roads

AC
Resurfacing Project
Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
Page
358 of 2087

City of Menifee Staff Report
CIP 25-07 Copp Contracting, Inc. Bid Award
July 16, 2025

Page 3 of 3 ends

2 8
1 1
The proposed Project is also exempt under the general rule that CEQA applies only to Projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question would have a significant effect on the environment because the proposed Project is occurring in an area that is heavily disturbed and is not environmentally sensitive.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed Contract with Copp Contracting, Inc. is in the total amount not- to-exceed $811,934.90. The total anticipated fiscal impact for the construction phase of the Project, which includes the cost of the agreement, ancillary services such as materials testing and labor compliance, as well as unforeseen costs that may arise during construction, is $921,767.40.

Funding for the proposed agreement is available in the FY 2024/2025 budget for the Pavement Management Program within the SB1 Road Maintenance Rehabilitation Fund (RMRA) (2201- PWD-CIPS-658011), Measure A Fund (2220), and Community Development Block Grant (CDBG) Fund (2481), as summarized in Table 2 below.

TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost Senate Bill 1
(RMRA) CIP25-07.2201.CON.CAE $974,000.00 $223,752.63
Measure A CIP25-07.2220.CON.CAE $433,182.27 $433,182.27 CDBG CIP25-07.2481.CON.CAE $155,000.00 $155,000.00
TOTAL $1,562,182.27 $811,934.90

ATTACHMENTS

1. Project Location Map

2. Agreement
Item Title: 10.16
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Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
Page
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(CIP 25-07)
Project Location Map
Item Title: 10.16
Bid

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Contracting,

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Item Page Number: 4

Menifee Mayor and City Council
July 16, 2025
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2905/031858-0001
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CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 25-07 FY24/25 LOCAL ROADS AC RESURFACING (SUN CITY) PROJECT 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 COPP 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 A, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit B, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on July 16, 2025. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated Item Title: 10.16
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Item Page Number: 5

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herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs Item Title: 10.16
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Item Page Number: 6

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associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment
Item Title: 10.16
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Item Page Number: 7

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and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement.

Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Item Title: 10.16
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Item Page Number: 8

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July 16, 2025
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Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

1.10 Special 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 Item Title: 10.16
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Item Page Number: 9

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provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

Item Title: 10.16
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Item Page Number: 10

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July 16, 2025
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SECTION 1. COMPENSATION.

1.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed

EIGHT HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND NINETY CENTS ($811,934.90) 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.

1.2 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.

1.3 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. Where requested by City in writing, 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. Where requested by City in writing, 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. Where requested by City in writing, the total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B;
f. Receipts for expenses to be reimbursed;
Item Title: 10.16
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Item Page Number: 11

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July 16, 2025
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g. The Principals’ signatures.

Invoices shall be submitted to:

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

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. 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 Item Title: 10.16
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expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into
Item Title: 10.16
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securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

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

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

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Item Title: 10.16
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Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Item Title: 10.16
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Item Page Number: 15

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July 16, 2025
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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 Item Title: 10.16
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for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______
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Item Page Number: 17

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4.2 Commercial General and Automobile Liability Insurance.

Item Title: 10.16
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a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.

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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) 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: CIP 25- 07 FY24/25 LOCAL ROADS AC RESURFACING (SUN CITY) PROJECT. 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.

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Item Page Number: 20

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

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified 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 Item Title: 10.16
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promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be
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secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

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

SECTION 5. INDEMNIFICATION.

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

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, 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 Item Title: 10.16
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Item Page Number: 23

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part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

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

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

Item Title: 10.16
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Item Page Number: 24

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SECTION 1. LEGAL REQUIREMENTS.

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

1.2 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.

1.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Item Title: 10.16
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Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the Item Title: 10.16
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implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time,
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or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

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

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine Item Title: 10.16
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in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to
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Construction

Services

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the

Fiscal

Year

2024/2025

Local

Roads

AC
Resurfacing Project
Item Page Number: 29

Menifee Mayor and City Council
July 16, 2025
Page
385 of 2087

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City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request for Proposals referenced therein, if any, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each consecutive calendar day in excess of the time specified for completion of the Work. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 1. TERMINATION AND MODIFICATION.

1.1 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.

1.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

1.3 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.

1.4 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.

1.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

Item Title: 10.16
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Contracting,

Inc.

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Construction

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2024/2025

Local

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AC
Resurfacing Project
Item Page Number: 30

Menifee Mayor and City Council
July 16, 2025
Page
386 of 2087

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8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

Item Title: 10.16
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Local

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AC
Resurfacing Project
Item Page Number: 31

Menifee Mayor and City Council
July 16, 2025
Page
387 of 2087

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SECTION 1. KEEPING AND STATUS OF RECORDS.

1.1 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.

1.2 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.

1.3 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: 10.16
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Resurfacing Project
Item Page Number: 32

Menifee Mayor and City Council
July 16, 2025
Page
388 of 2087

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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: 10.16
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Resurfacing Project
Item Page Number: 33

Menifee Mayor and City Council
July 16, 2025
Page
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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)
Item Title: 10.16
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Resurfacing Project
Item Page Number: 34

Menifee Mayor and City Council
July 16, 2025
Page
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It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Item Title: 10.16
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Item Page Number: 35

Menifee Mayor and City Council
July 16, 2025
Page
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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, Austin Mills (“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:

Copp Contracting, Inc.

Attn: Hailey Copp, Executive Assistant
6751 Stanton Avenue
Buena Park, CA 90621
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Austin Mills
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.

Item Title: 10.16
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Item Page Number: 36

Menifee Mayor and City Council
July 16, 2025
Page
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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, Item Title: 10.16
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Item Page Number: 37

Menifee Mayor and City Council
July 16, 2025
Page
393 of 2087

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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: 10.16
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Item Page Number: 38

Menifee Mayor and City Council
July 16, 2025
Page
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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]
Item Title: 10.16
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Item Page Number: 39

Menifee Mayor and City Council
July 16, 2025
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395 of 2087

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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
Ezekiel A. Copp, President

Erlinda Copp, Secretary

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.16
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Item Page Number: 40

Menifee Mayor and City Council
July 16, 2025
Page
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EXHIBIT A

SPECIAL PROVISIONS

INTENTIONALLY OMITTED
Item Title: 10.16
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Item Page Number: 41

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July 16, 2025
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EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 25-07 FY24/25 LOCAL ROADS AC RESURFACING (SUN CITY) PROJECT 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 EIGHT HUNDRED ELEVEN

THOUSAND NINE HUNDRED THIRTY FOUR DOLLARS AND NINETY
CENTS ($811,934.90) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-12 Item Title: 10.16
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Item Page Number: 42

Menifee Mayor and City Council
July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Item Page Number: 43

Menifee Mayor and City Council
July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Item Page Number: 44

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July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Item Page Number: 45

Menifee Mayor and City Council
July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Item Page Number: 46

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July 16, 2025
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EXHIBIT B
Item Title: 10.16
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Item Page Number: 47

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July 16, 2025
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EXHIBIT B
Item Title: 10.16
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Item Page Number: 48

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July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Item Page Number: 49

Menifee Mayor and City Council
July 16, 2025
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2905/031858-0001
19201719.4 a02/20/25 EXHIBIT B
Item Title: 10.16
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Resurfacing Project
Item Page Number: 50

Menifee Mayor and City Council
July 16, 2025
Page
406 of 2087

CITY OF MENIFEE
SUBJECT: Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
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 Amendment No. 5 to the Professional Services Agreement with KOA Corporation for the McCall Boulevard Widening Project, Capital Improvement Program (CIP) Project No. 22-03, located between Oakhurst Avenue and Junipero Road, for right-of-way engineering services, increasing the compensation amount by $7,560, for a total not-to-exceed amount of $304,903.38.

DISCUSSION
The McCall Boulevard Widening Project, CIP Project No. 22-03 (Project), is located between Oakhurst Avenue and Junipero Road. The existing roadway is two lanes for approximately a half mile before expanding to a four-lane roadway. There is a need for additional vehicle lanes to support current and future traffic volumes due to the increased residential and commercial development in the area. Under the City’s General Plan, this segment of McCall Boulevard is designated as an arterial roadway that would ultimately provide six vehicle lanes. The Project would widen the existing two-lane road to a four-lane corridor and establish horizontal and vertical alignments to meet the requirements of the California Highway Design Manual and City standards. The Project is currently in the final phase of design.

On June 21, 2023, the City Council approved a Professional Services Agreement (Agreement) with KOA Corporation (Consultant) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Included in the Consultant’s scope of work is right-of-way (ROW) engineering services. It was initially anticipated that ROW efforts would include temporary construction easements (TCE) and/or permanent maintenance easements (PME) for the two private properties impacted by the Project.

Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
407 of 2087

City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 5
July 16, 2025

Page 2 of 3 ends

Menifee City CouncilJuly 16, 2025

Menifee City Council
July 16, 2025