Agenda packet — Menifee City Council, September 17, 2025 (part 2 of 4)

2 9
0 2
criteria and scoring parameters established within the RFP. The results of the initial proposal scoring are shown in Table 1 below.

TABLE 1 – PROPOSAL RANKING SUMMARY
*Deemed non-responsive for failure to submit all required documentation.

During the initial evaluation process, five of the ten proposals received were determined to be non-responsive for failure to submit all required documentation timely. Following the review and evaluation of all proposals, and to further assess the proposed project team to determine which firm most closely aligned with the scope of work outlined in the RFP, the top three scoring firms that were deemed responsive were subsequently invited to participate in selection interviews. The interview and selection processes were conducted in accordance with City purchasing guidelines.

The interview provides an opportunity to meet and interact with each firm’s proposed project team and to further assess which firm offers the most technical expertise to deliver a successful project.

The average scores of the final evaluation, as completed by the interview panel, are summarized in Table 2 below.

TABLE 2 – SELECTION INTERVIEW FIRM RANKING SUMMARY
Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals remain sealed until the evaluation process is completed.

Firm Name Proposal Scoring Initial Proposal
Ranking
COAR Design Group 85.00 1
TSK, Inc. 84.00 2
Rubio Medina, Architect * 83.00 3
Westgroup Designs, Inc. 79.20 4
STK Architecture, Inc. * 78.40 5
Cannon/Parkin, Inc. dba CannonDesign 76.40 6
Ware Malcomb 72.40 7
ITEZEN Architects, Inc. * 67.80 8
BFK Architecture & Planning * 65.40 9
LOC, Architects * 54.80 10
Firm Name Interview
Score
Cost
Proposal
Base Fee
Total Cost
Proposal
(with
options)
Final
Negotiated
Cost
Qualification
Ranking
TSK, Inc. 80.60 $949,880 $1,093,832 $989,880 1
COAR Design
Group 79.80 $1,185,624 N/A N/A 2
Westgroup
Designs, Inc. 76.20 $826,571 N/A N/A 3
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
126 of 442

City of Menifee Staff Report
CIP 26-01 TSK Agreement
September 17, 2025

Page 3 of 3 ends

2 9
0 2
TSK, Inc. (Consultant) received the highest qualified ranking in the selection interview, and staff proceeded to open the cost proposal. Following negotiation efforts, staff determined that the Consultant’s final cost proposal was reasonable, within the established Project budget, and satisfied the scope of work identified within the RFP to deliver a successful Project.

The amount of the proposed PSA 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 PSA with TSK, Inc. is for the total amount not-to-exceed $989,880. Funding for the Agreement is available in the Fiscal Year 2025/2026 CIP budget within the Capital Projects Fund (4320-PWD-CIPS-905-04320-690050), as summarized in Table 3 below.

TABLE 3 – PROJECT BUDGET
Fund Project Account String Available Budget Anticipated Cost Capital Projects CIP26-01.4320.DES.CAE $2,500,000 $989,880 TOTAL $2,500,000 $989,880

ATTACHMENTS

1. Project Location Map

2. Agreement

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
127 of 442

74 SunriseShore Dr
E Heritage Lake Dr
W Heritage Lake Dr
Caravel Dr
Matthews Rd
Falling Water Dr
Collier DrDory Ct
Penn St
Comrade
Cir
Junipero Rd
Pilot
Way
Big Bend Dr
Blackjack
Dr
Cumming Ave
Arches
Dr
Cider
St
Red
Apple Rd
Zion
Dr
BentonPond Dr
Riptide Dr
Longship Dr
Endion Ct
Turtle
Point Dr
Malone Ave
Malaga Rd
Aqua Dr
EsteroDr
Woodside
Way
TugboatDr
Saginaw
Dr
Briggs Rd
Underwood Way
Whitewater
Dr
GreatPlains Ct
GoodhopeDr
Morro
Dr
Twin
Harbor Dr
Stowaway Dr
Biscayne Dr
Oncore Dr
Menifee Rd
Stonehurst
Dr
Lido
Bay Dr
Copper
River Rd
Vine St
HideoutCt
OldMiner CirCorral Ct
Back Bay Dr
Man OfWar Ln
Silver Ln
Bishop Ln
HeadsailDr
Hwy 74
Mojave Ct
Rouse
Rd
Gala Cir
Stirrup
Cir
McCall Blvd
Walker
Point Ln
Glacier Bay Dr
Coral
Island Ct
Chance Dr
Misty
Point Ln
NorthBay Ln
KobukValley Dr
Acadia Ct
Steamboat Dr
Cattleman
Cir
Horsetail
Cir
Palomar Rd
McKinley Rd
Fargo St
Varela Ln
Triple
Crown Rd
Louisa Ln
Stone Ln
Briggs Rd
McLaughlin Rd
WinnerCircle DrJunipero Rd
Palomar Rd
Summit St
WillowsLanding Dr
Dales St Packard St
Durant St
Biscayne Dr
Olympic Dr
McCall Blvd
Calle De Caballos
Watson Rd
Citation Ave Cadena Dr
Stone Ln
McLaughlin Rd
Malaga Rd
ROUSE
RD

MCCALL BLVD
BR
IGGS
RD

MENIFEE RD
PERRIS

WINCHESTER
215
Ethanac Rd
Menifee Rd
Antelope
Rd
Sun Ci ty
B lvd
Bradley R
d
Matthews Rd
McCallBlvd
Mapes Rd
Simpson Rd
Map Symbology
Major Menifee Roads
Menifee Roads
Project Site
0 0.2 0.4
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CIP Location Maps\Heritage Lake Fire Station\Heritage Lake Fire Station\Heritage Lake Fire Station.aprx Date: 8/21/2025 ¹
Heritage Lakes Fire Station #74 (CIP 26-01)
Project Location Map

PROJECT

LOCATION
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
128 of 442

2905/031858-0001
18155996.1 a05/08/25

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 26-01 NEW HERITAGE LAKE FIRE STATION FOR (ARCHITECTURAL AND

ENGINEERING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and TATE SNYDER KIMSEY, INC. DBA TSK ARCHITECTS, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on September 17, 2025 and shall end on December 31, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
129 of 442

2905/031858-0001
18155996.1 a05/08/25 -2-
5 1
1 2
9 1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Nine Hundred Eighty Nine Thousand Eight Hundred Eighty Dollars and Zero Cents ($989,880.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
130 of 442

2905/031858-0001
18155996.1 a05/08/25 -3-
5 1
1 2
9 e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.

City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

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

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

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

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
131 of 442

2905/031858-0001
18155996.1 a05/08/25 -4-
5 1
1 2
9 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

SECTION 4. INSURANCE REQUIREMENTS.

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

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

Menifee Mayor and City Council
September 17, 2025
Page
132 of 442

2905/031858-0001
18155996.1 a05/08/25 -5-
5 1
1 2
9 fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

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

4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 9

Menifee Mayor and City Council
September 17, 2025
Page
133 of 442

2905/031858-0001
18155996.1 a05/08/25 -6-
5 1
1 2
9 b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 26- 01 NEW HERITAGE LAKE FIRE STATION FOR (ARCHITECTURAL AND ENGINEERING SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 10

Menifee Mayor and City Council
September 17, 2025
Page
134 of 442

2905/031858-0001
18155996.1 a05/08/25 -7-
5 1
1 2
9 d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 11

Menifee Mayor and City Council
September 17, 2025
Page
135 of 442

2905/031858-0001
18155996.1 a05/08/25 -8-
5 1
1 2
9 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 12

Menifee Mayor and City Council
September 17, 2025
Page
136 of 442

2905/031858-0001
18155996.1 a05/08/25 -8-
5 1
1 2
9 b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

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

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 13

Menifee Mayor and City Council
September 17, 2025
Page
137 of 442

2905/031858-0001
18155996.1 a05/08/25 -9-
5 1
1 2
9 SECTION 1. INDEPENDENT CONTRACTOR.

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

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

SECTION 2. LEGAL REQUIREMENTS.

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

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

2.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 14

Menifee Mayor and City Council
September 17, 2025
Page
138 of 442

2905/031858-0001
18155996.1 a05/08/25 -10-
5 1
1 2
9 defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 15

Menifee Mayor and City Council
September 17, 2025
Page
139 of 442

2905/031858-0001
18155996.1 a05/08/25 -11-
5 1
1 2
9 calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 16

Menifee Mayor and City Council
September 17, 2025
Page
140 of 442

2905/031858-0001
18155996.1 a05/08/25 -12-
5 1
1 2
9 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 17

Menifee Mayor and City Council
September 17, 2025
Page
141 of 442

2905/031858-0001
18155996.1 a05/08/25 -12-
5 1
1 2
9 Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 18

Menifee Mayor and City Council
September 17, 2025
Page
142 of 442

2905/031858-0001
18155996.1 a05/08/25 -13-
5 1
1 2
9 Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 19

Menifee Mayor and City Council
September 17, 2025
Page
143 of 442

2905/031858-0001
18155996.1 a05/08/25 -14-
5 1
1 2
9 and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 20

Menifee Mayor and City Council
September 17, 2025
Page
144 of 442

2905/031858-0001
18155996.1 a05/08/25 -15-
5 1
1 2
9 10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 21

Menifee Mayor and City Council
September 17, 2025
Page
145 of 442

2905/031858-0001
18155996.1 a05/08/25 -15-
5 1
1 2
9 constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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

TATE SNYDER KIMSEY, INC. DBA TSK ARCHITECTS
Attn: Bill Deni
316 W 2nd St, Penthouse
Los Angeles, CA 90012
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Engineering Manager
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 22

Menifee Mayor and City Council
September 17, 2025
Page
146 of 442

2905/031858-0001
18155996.1 a05/08/25 -16-
5 1
1 2
9 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

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

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

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

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 23

Menifee Mayor and City Council
September 17, 2025
Page
147 of 442

2905/031858-0001
18155996.1 a05/08/25 -17-
5 1
1 2
9 10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 24

Menifee Mayor and City Council
September 17, 2025
Page
148 of 442

2905/031858-0001
18155996.1 a05/08/25 -17-
5 1
1 2
9 interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 25

Menifee Mayor and City Council
September 17, 2025
Page
149 of 442

2905/031858-0001
18155996.1 a05/08/25 -18-
5 1
1 2
9 IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Bill Denis, Principal

Michael Morow, Managing Principal

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 26

Menifee Mayor and City Council
September 17, 2025
Page
150 of 442

2905/031858-0001
18155996.1 a05/08/25
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 26-01 NEW HERITAGE LAKE FIRE STATION FOR (ARCHITECTURAL AND ENGINEERING SERVICES) services in the amount not to exceed Nine Hundred Eighty Nine Thousand Eight Hundred Eighty Dollars and Zero Cents ($989,880.00) as further detailed in the following page(s).

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 27

Menifee Mayor and City Council
September 17, 2025
Page
151 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 28

Menifee Mayor and City Council
September 17, 2025
Page
152 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 29

Menifee Mayor and City Council
September 17, 2025
Page
153 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 30

Menifee Mayor and City Council
September 17, 2025
Page
154 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 31

Menifee Mayor and City Council
September 17, 2025
Page
155 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 32

Menifee Mayor and City Council
September 17, 2025
Page
156 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 33

Menifee Mayor and City Council
September 17, 2025
Page
157 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 34

Menifee Mayor and City Council
September 17, 2025
Page
158 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 35

Menifee Mayor and City Council
September 17, 2025
Page
159 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 36

Menifee Mayor and City Council
September 17, 2025
Page
160 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 37

Menifee Mayor and City Council
September 17, 2025
Page
161 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 38

Menifee Mayor and City Council
September 17, 2025
Page
162 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 39

Menifee Mayor and City Council
September 17, 2025
Page
163 of 442

2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 40

Menifee Mayor and City Council
September 17, 2025
Page
164 of 442

2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 41

Menifee Mayor and City Council
September 17, 2025
Page
165 of 442

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 42

Menifee Mayor and City Council
September 17, 2025
Page
166 of 442

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 43

Menifee Mayor and City Council
September 17, 2025
Page
167 of 442

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 44

Menifee Mayor and City Council
September 17, 2025
Page
168 of 442

2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.

Item Title: 10.8
Bid Award and Agreement with TSK, Inc. for the New Heritage Lake Fire Station No. 74 Project Item Page Number: 45

Menifee Mayor and City Council
September 17, 2025
Page
169 of 442

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization
MEETING DATE: September 17, 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. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization dba Menifee Post No. 1956 Veterans of Foreign Wars of the United States, Inc., a non-profit 501(c)(19) organization / 1956 – Menifee Post Veterans of Foreign Wars, Inc., a nonprofit 501(c)(19) organization (VFW) for the collaboration of related community programs through June 30, 2030.

DISCUSSION
The Community Services Department (CSD) has worked with the VFW to formalize a partnership for related community programming. The VFW is a nationally recognized organization dedicated to provide support and services to veterans, active and reserve military, their families, and community. Its goals are to raise public awareness of those who have sacrificed daily for our freedom and provide an active way to honor them. The VFW also raises funds to distribute to non-profit groups which support the military community as well as inspires patriotism in local youth by educating them on the history of American freedom. The Menifee 1956 VFW Post primarily supports veterans within Menifee and surrounding areas.

CSD seeks to formalize a partnership with the VFW which establishes a framework to support veterans, promote civic engagement, and leverage resources of both organizations to produce quality programs for the public. This partnership supports the Community Engagement and Social Infrastructure and Unique Identity Strategic Plan Priorities adopted by City Council in 2023.

The City currently has similar MOU partnerships related to community programming with Lake Menifee Women’s Club, Menifee Arts Council, Menifee Valley Community Cupboard, and Perris Union High School District. Under the proposed MOU partnership, the VFW would continue to Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 1

Menifee Mayor and City Council
September 17, 2025
Page
170 of 442

City of Menifee Staff Report
Memorandum of Understanding with Menifee Valley Historical Association September 17, 2025

Page 2 of 2 ends

2 8
3 9
collaborate primarily with the CSD teams which oversee Veterans Services, Cultural Arts, Citywide Special Events, and Senior Programs. Highlights of the proposed MOU, which has a term of 5 years, have been highlighted below.

Menifee Post No. 1956 Veterans of Foreign Wars MOU Highlights:
Event support for City-sponsored Veterans Day Ceremony, Memorial Day Ceremony, and Welcome Home Vietnam Veterans Events
Sponsorship components of related veterans programming Use of City facilities up to 10 hours for two annual VFW events per fiscal year Public outreach and communication activities of both organizations Collaboration on potential grant programs
Meeting collaboration and communication
Per the terms of the agreement, at any time either party may choose to terminate this MOU with ninety (90) days prior written notice.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. However, partnership in future grant applications can potentially lead to an increase in grant revenues in future fiscal years to support related programs and events. Additionally, the in-kind sponsorship provided by CSD for the use of a facility is expected to be offset by volunteer assistance in producing collaborative events.

ATTACHMENTS

1. Memorandum of Understanding
Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
171 of 442

2905/031858-0001
18605956.3 a08/26/25

MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on _____________ (“Effective Date”) by and between the CITY OF MENIFEE , a California municipal corporation, (“City”) and Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization dba Menifee Post No. 1956 Veterans of Foreign Wars of the United States, Inc., a non-profit 501(c)(19) organizat ion / 1956 – Menifee Post Veterans of Foreign Wars, Inc., a non-profit 501(c)(19) organization (“Partner Organization”). City and Partner Organization may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” The Parties intend for this MOU to establish a framework between the Parties to support veterans, promote civic engageme nt, and leverage resources of both parties to provide quality programs to the public.

Section 1. Term and Termination
A. Term. The term of this MOU shall begi n on the Effective Date and shall end on June 30, 2030 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.

B. Termination. Either Party may terminate this MOU upon ninety (90) days’ written notice to the other Party. Upon terminat ion each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.

Section 2. Rights and Obligations of the Parties
A. Special Provisions. The Parties may ag ree to additional, supplementary, or modified terms and conditions to those contained in the body of this MOU which shall be set forth in Exhibit A attached hereto and incorporat ed herein by this reference. In the event of a conflict between Exhibit A and the body of this MOU, Exhibit A shall control.

B. Rights and Obligations. The rights and oblig ations of the Parties are set forth in Exhibit B attached hereto and incorporated herein by this reference. Each Party shall dedicate the time to performance of its obliga tions as may be reasonably necessary to perform such obligations to the standards obs erved by a competent practitioner in the geographic area where that Party is located, and to the reasonable satisfaction of the other Party.

C. Cooperation and Noninterference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Ne ither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the rights and obligations hereunder involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the rights and obligations of the other Party.

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
172 of 442

2905/031858-0001
18605956.3 a08/26/25 -2-

D. Personnel. If the rights and obligations hereunder i nvolve the provision of personnel from one Party to another Pa rty, the providing Party shall reasonably cooperate with requests from the other Party to reassign or replace such personnel as the same may be requested in that Party’s discretion.

E. Materials and Equipment. Except as otherwise stated in this MOU or in any exhibit hereto, each Party shall provi de all materials, facilities, and equipment for that Party’s performance hereunder, at that Party’s sole cost and expense.

F. Access to Facilities. Where the right s and obligations he reunder include one Party’s use of or entry into any facility, real property, or other building granted by the other Party such right of use or entry shall be subject to and conditioned on the terms of this MOU only. Unless otherwise stated, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provi ded that such persons shall be subject to the terms and conditions of this MOU. If Partner Organization enters City property or meets in person with City employees during the performance of this MOU, Partner Organization shall comply w ith all applicable regulatory and City security and safety procedur es, protocols, and practices. If City enters Partner Organization property or meets in pers on with Partner Organization employees during the performance of this MOU, City shall comply with all applicable security and safety procedures, protocols, and practices, if any, included in Exhibit B.

G. Compliance with Law. Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU, including obtaining and maintaining any re quired approval or permit necessary therefor. Section 4 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicab le law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each Party is inde pendently responsible for reviewing and complying with all applicable laws, incl uding but not limited to the payment or nonpayment of prevailing wages required under California law.

H. Documents and Records. Any plans, speci fications, studies, drawings, estimates, test data, survey results, models, rende rings, materials and other documents or works of authorship fixed in any tangi ble medium of expression (collectively “documents”), in electronic or any other form prepared by one Party for the other Party pursuant to this MOU shall be the property of the other Party upon termination or expiration of this MOU. These documents shall be subject to the reasonable acceptance of the receiving Party. Any documents prepared hereunder shall not be released to third parties unless mutually agreed by both Parties or required by law. Each Party shall mainta in all documents prepared hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer. Any documents hereunder shall be made available for inspection, audit, or copying during regular business hours upon request of the other Party. This MOU creates a non-exclusive and perpetual license for the receiving Party to copy, use, modify, reuse, or sublicense a ny and all copyrights , designs, rights of Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
173 of 442

2905/031858-0001
18605956.3 a08/26/25 -3-

reproduction, and other intellectual property embodied in the documents provided hereunder. The providing Party shall require all subcontractors preparing documents under this MOU to agree to th is provision in writing. The providing Party represents and warrants that it has the legal right to grant the license required by this Paragraph. These documents are not necessarily suitable for any future or other use, and such future or other use shall be without liability to the providing Party.

I. Contract Administrators. All matters under this MOU shall be handled for Partner Organization by the current Post Comma nder (“Partner Orga nization Contract Administrator”), and for City by Mariana Mitchell, Community Services Director (“City Contract Administrator”.) Except as specified otherwise in this MOU, all correspondence shall be directed through the contract administrators established in this Paragraph, and neither Party shall take direction or orders for the performance of this MOU from any person other than such contract administrators.

Section 3. Independent Contractor Status
This MOU is by and between two independent entit ies and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association.

Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party sha ll be an employee of the other Party. Except as expressly provided herein, the m eans by which the Parties perform the rights and obligations set forth herein is within the exclusive direction a nd control of the performi ng Party. Neither Party shall ever represent that it or any of its officers , employees, or agents is in any manner officers, officials, employees, or agents of the other Part y or have the power to incur any debt, obligation, or liability whatever against th e other Party, or bind the other Pa rty in any manne r. Except as otherwise expressly provided by this MOU, neith er Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.

Section 4. Indemnification
Each Party shall indemnify, protect, defend (with counsel acceptable to the Indemnified Party), and hold harmless the other Party, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if the indemnifying Party fails to provide a defense for the indemnified Party, the legal costs of counsel retained by the indemnified Party) and any judgm ent (collectively, “Claim s”), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this MOU by the indemnifying Party or by any individual or entity for which the Indemnifying Party is legally liable, including bu t not limited to officers, agents, employees or subcontractors of the Indemnifying Party. The provi sions of this Section do not apply to Claims occurring as a result of the indemnified Party’s gross negligence or willful acts or omissions. The Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
174 of 442

2905/031858-0001
18605956.3 a08/26/25 -4-

costs of counsel referred to herein shall not exceed the hourly rate paid by the City for legal services multiplied by the reasonable number of hours spent.

Section 5. Partner Organization Insurance
Prior to performing any right or obligation under this MOU, Partner Organization, at its sole cost and expense, shall maintain in full force and ef fect at all times during the term of this MOU insurance as required by this Section.

A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operat ions and broad form cont ractual liability, property damage, and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including de ath resulting therefrom, and damage to property resulting from the performance of this MOU, including the use of hired, owned, and non-owned automobiles. Comprehensive general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

B. Workers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The limit of Employer’s Liability coverage shall be $1,000,000 per accident, $1,000,000 per disease per employee, and $1,000,000 disease per policy.

C. Quality of Insurance. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.

D. Additional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an a dditional insured on the aforementioned insurance policies of Partner Organization with respect to liability arising out of the Partner Organization’s performance of this MOU.

E. Proof of Insurance. Partner Organization shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the Partner Organization. The coverage shall contain no special limitations on the scope of protection affo rded to the additional insured or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must a pply 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 Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
175 of 442

2905/031858-0001
18605956.3 a08/26/25 -5-

termination of this MOU or completion of full performance hereunder, whichever is later. A certified endorsement must be attached to all policies stating that coverage is primary insuran ce with respect to City a nd its officers, officials, employees, and volunteers, and that no insu rance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.

F. Notice of Changes. Partner Organization shall provide written notice to City within ten (10) working days if (1 ) any of the required insurance policies are terminated; (2) the limits of any of the required polic ies are reduced, or (3 ) the deductible or self-insured retention on any of the required insurance policies is increased.

G. Self Insured Retentions and Deductible. Partner Organization shall obtain the written approval of City for self-insured retentions and deductibles for the insurance required herein. Changes to the same re quire the written cons ent of City, which may be conditioned on the procurement of a bond guaranteeing the payment of losses and related investigat ions, claim administration, a nd defense expenses that is satisfactory in all respects to each Party.

H. Subcontractors. If any subcontractor is performing the rights and obligations of Partner Organization hereunder, Partne r Organization shall include such subcontractor as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor, subject to all of the requirements in this Section 5.

Section 6. City Insurance
City shall comply with the insurance obligations, if any, included in Exhibit B hereto.

Section 7. Variations to Insurance
Each Party may but is not required to approve in writing a variation to the insurance requirements in Sections 5 and 6 as-applied to the other Party upon a determin ation that the coverage, scope, limits, and forms of insurance set forth above are either not commercially available or that the approving Party’s interests are otherwise fully protected.

Section 8. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first cl ass or certified mail, return receipt requested and addressed to the appropriate Party as follows:

To Cit
y: To Partner Or ganization:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Veterans of Foreign Wars Post 1956 dba
Menifee Post No. 1956 Veterans of Foreign
Wars of the United States, Inc
PO Box 321
Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
176 of 442

2905/031858-0001
18605956.3 a08/26/25 -6-

Attn: Mariana Mitchell, Community Services
Director
With a Copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Menifee, CA 92586
Attn: Post Commander
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delive ry service. A Party may change its addressee by written notice to the other party at any time.

Section 9. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give thirty (30) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Pe riod, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default.

The Parties may agree in writing to a longer or shorter Cure Pe riod. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of eith er Party or the public, th e non defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.

B. Rights and Remedies Cumulative. The ri ghts and remedies of the Parties are cumulative and the exercise by either Part y 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.

Section 10. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.

Section 11. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.

Section 12. Time
Time is of the essence in this Agreement and for the performance of this MOU.

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 8

Menifee Mayor and City Council
September 17, 2025
Page
177 of 442

2905/031858-0001
18605956.3 a08/26/25 -7-

Section 13. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

Section 14. Attorneys’ Fees
If any legal action is commenced between the Partie s to this MOU, each Party shall bear its own costs of suit, including attorneys’ fees.

Section 15. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisd iction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.

Section 16. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, c ovenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

Section 17. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successor, and assigns.

Section 18. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

Section 19. Entire Agreement, Amendment, and Construction This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.

Section 20. Construction
The terms of this MOU shall be construed in ac cordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this MOU or any other rule of construction which might otherwise apply.

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 9

Menifee Mayor and City Council
September 17, 2025
Page
178 of 442

2905/031858-0001
18605956.3 a08/26/25 -8-

Section 21. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. Except for Section 2 A, references to this MOU shall include the exhibits.

Section 22. Amendments
This MOU may be amended only by written agreem ent and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion do not substantially modify the terms and conditi ons of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.

Section 23. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.

Section 24. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU th ere shall be no discrimination against or segregation of, a ny person or group of persons on account of any impermissible classification including, but not li mited to, race, color, creed, re ligion, sex, marital status, sexual orientation, national origin, or ancestry
Section 25. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in intere st, in the event of any default or breach by the first Party or for any amount which may become due to the other Part y or to its successor, or for breach of any obligation of the terms of this MOU.

Section 26. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Pa rty in connection with the award, terms or implementation of this MOU, including any method of coerci on, confidential financial arrangement, or financial inducement. No offi cer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.

Section 27. No Benefit to Arise to Employees
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has re sponsibilities with respect to this MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or i ndirect, in any agreement or sub- Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 10

Menifee Mayor and City Council
September 17, 2025
Page
179 of 442

2905/031858-0001
18605956.3 a08/26/25 -9-

agreement, or the proceeds thereof, for the ri ghts and obligations performed hereunder. This Section shall apply to Partner Organization if Partner Organization is a public entity.

Section 28. Authority to Execute
The persons executing this MOU 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 MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that ente ring into this MOU does not violate any provision of any other agreement to which said Party is bound
Section 29. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 11

Menifee Mayor and City Council
September 17, 2025
Page
180 of 442

2905/031858-0001
18605956.3 a08/26/25 -10-
IN WITNESS WHEREOF, the Parties have execu
ted this MOU as the Effective Date below.

CITY OF MENIFEE
City Manager
Attest:

City Clerk
Approved as to Form:

City Attorney

PARTNER ORGANIZATION
Michael Cano, Current Post Commander
Daniel Gregorio, Current Post Adjutant
Effective Date _______________________
Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 12

Menifee Mayor and City Council
September 17, 2025
Page
181 of 442

EXHIBIT A

SPECIAL PROVISIONS

The following is added to Section 5.C:

No Workers’ Compensation and Employer’s Liabil ity coverage shall be required if Partner Organization does not employ any person pursuant to the provisions of the California Labor Code.

In the event Partner Organization does not carry insurance required by this Paragraph, Partner Organization hereby represents and certifies to City that it has no such employees, and agrees that Section 4 shall expressly apply to said representation. .

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 13

Menifee Mayor and City Council
September 17, 2025
Page
182 of 442

EXHIBIT B

RIGHTS AND OBLIGATIONS OF THE PARTIES
Partner Organization Obligations
• Event Support for yearly city-sponsored events including the Veterans Day Ceremony, Memorial Day Celebration, and Welcome Home Vietnam Veterans Events. o Designate Partner Organization liaison to attend and participate in City event planning meetings
o Assist with recruitment of event speakers, presenters, vendors, and additional event volunteers
o Seek additional sponsorship to enhance event components as agreed on in planning meeting
o Day of event support – Host public information event booth and provide volunteers to assist city staff in event set-up and break-down as-needed • Event Sponsorship - Procure services through Vietnam Veterans of America for helicopter display at the Welcome Home Vietnam Veterans Event, subject to display availability.
• Program and Event Promotion – Assist with promotion of city’s annual Veterans events, workshops, and resource programs at Partner Organization events and distribute event and program information to Partner Organization members. • Independence Celebration Parade Participation - Provide float, moving display, and/or participants for the parade to represent the Partner Organization at the annual event.

City Obligations:
• Designate City liaison for meetings and communication with Partner Organization o Schedule a quarterly collaboration meeting between Partner Organization Board and City staff
o Attend at least one Partner Organization Post 1956 member meeting per quarter to provide updates on City events, share information, and address matters pertinent to the Partner Organization and its members
o Provide information to Partner Organization for potential funding opportunities and support programs
Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 14

Menifee Mayor and City Council
September 17, 2025
Page
183 of 442

2905/031858-0001
18605956.3 a08/26/25 -2-

o Schedule and attend yearly meeting with Partner Organization to review the partnership.
• Authorize Use of Public Facilities
o Subject to the execution of City’s standard facility use agreement, authorize Partner Organization use of Palm Room at Kay Ceniceros Senior Center twice per fiscal year. Facility rental fees and staff costs will be waived for up to 10-hours total per fiscal year, with additional hours charged at normal facility rates. o For all use of any city facility, Partner Organization, at its sole cost, shall comply with all other requirements of reservations for use which may include additional approvals for special events, application for recurring use, insurance, or permits. • Program and Event Promotion and Support
o Assist with promotion of Partner Organization events and programs through official city communication channels including the website, social media, electronic message board, and at Kay Ceniceros Senior Center, including but not limited to Patriot’s Pen and Voice of Democracy Essay Contests. o Provide opportunity for award presentation ceremony for Patriot’s Pen and Voice of Democracy essay contests during City Veterans Day Ceremony o Specific to the annual Veterans Day Ceremony, the City will list Partner Organization as an event partner on event collateral
o Promote Partner Organization as sponsor on program collateral for Welcome Home Vietnam Veterans Events based on helicopter display component

Both Parties Obligations
• Collaboration on Grants
o Partner to identify grant programs or sponsorships which support the Partner Organization and/or related City-sponsored programs
o Provide letters of support for related grant applications upon request

Item Title: 10.9
Memorandum of Understanding with the Veterans of Foreign Wars Post 1956, a non-profit 501(c)(19) organization Item Page Number: 15

Menifee Mayor and City Council
September 17, 2025
Page
184 of 442

CITY OF MENIFEE
SUBJECT: Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training
MEETING DATE: September 17, 2025
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Inland Regional Center for deployment of Blue Envelope Program materials and training; and

2. Authorize the City Manager to execute all subsequent bi-yearly MOU amendments at the City’s discretion.

DISCUSSION
The Menifee Police Department (MPD) is requesting a partnership with Inland Regional Center (IRC) to provide materials and training for the Blue Envelope Program. The Blue Envelope Program (Program) is intended to enhance communication and safety during interactions between first responders and individuals with intellectual and developmental disabilities, including those who are Deaf or Hard of Hearing. The Program was developed through a two-year collaboration between IRC, the Autism Society Inland Empire (ASIE), and the San Bernardino County Sheriff's Department. It is funded through the Department of Developmental Services under the Language Access and Cultural Competency (LACC) initiative. The Program includes training for parents, clients, and caregivers, and the distribution of standardized materials such as blue envelopes, seatbelt covers, keychains, wristbands, lanyards, and vehicle decals to support individuals during law enforcement interactions.

The Blue Envelope Coalition, of which MPD is seeking to join, is composed of local law enforcement and public safety agencies that are participating in the pilot project and contributed to the development of the Blue Envelope training curriculum and the "Emerging Best Practices." Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 1

Menifee Mayor and City Council
September 17, 2025
Page
185 of 442

City of Menifee Staff Report

IRC MOU
September 17, 2025

Page 2 of 2 ends

2 9
1 8
Current Coalition members include:

1. San Bernardino County Sheriff's Department

2. Fontana Police Department

3. Ontario Police Department

4. Chino Police Department

5. San Bernardino County Fire Department – Office of the Fire Marshal

6. San Bernardino City Police Department

7. American Medical Response (AMR)

8. REACH Air Medical Services

9. Upland Police Department
The IRC would provide MPD with materials, translation services, training and education including scenario-based training, curriculum updates, logo usage authorization, and community awareness through social media, community outreach, press releases, and blog updates. In return MPD would be expected to comply with all branding requirements, distribution guidelines, accessibility to meetings, and events, privacy protection and training and curriculum requirements.

The proposed MOU would be in place through August 14, 2027 with a mutually automatic renewal clause to be signed semi-annually by the City Manager upon consent by both parties and available funding on the part of IRC through LACC.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The proposed MOU specifies that IRC agrees to provide all materials, training, and translating when funding is available. In return, the City agrees to abide by all branding requirements, attend training, and make materials accessible.

ATTACHMENTS

1. IRC MOU
Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
186 of 442

MEMORANDUM OF UNDERSTANDING
Between Inland Regional Center and Menifee Police Department Regarding the Deployment of Blue Envelope Program Materials and Training This Memorandum of Understanding (MOU) is entered into by and between Inland Regional Center (IRC), located at 1365 South Waterman Avenue, San Bernardino, CA 92408, and City of Menifee on behalf of
Menifee Police Department, located at 29714 Haun
Rd Menifee, CA 92586, collectively referred to as "the Parties," for the purpose of collaborating on the implementation of the Blue Envelope Program within the Riverside County region.

I. PURPOSE
The purpose of this MOU is to establish mutual responsibilities related to the distribution, training, and use of Blue Envelope Program materials (hereafter "Blue Envelope swag"), which are intended to enhance communication and safety during interactions between ﬁ
rst responders and individuals with intellectual and developmental disabilities (I/DD), including
those who are Deaf or Hard of Hearing.

Note: Under the Lanterman Developmental Disabilities Services Act in California, an Intellectual or Developmental Disability (I/DD) is deﬁned as:
• Intellectual disability (formerly "mental retardation" IQ Below 70) • Cerebral palsy
• Epilepsy
• Autism
Deaf Plus refers to individuals who are Deaf or Hard of Hearing and also have one or more additional disabilities, such as an intellectual or developmental disability.

The Blue Envelope Coalition is composed of local law enforcement and public safety agencies that participated in the pilot project and contributed to the development of the Blue Envelope training curriculum and the "Emerging Best Practices." Coalition members include:

1. San Bernardino County Sheriff's Department

2. Fontana Police Department

3. Ontario Police Department

4. Chino Police Department
Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
187 of 442

5. Menifee Police Department

6. San Bernardino County Fire Department – Office of the Fire Marshal

7. San Bernardino City Police Department

8. American Medical Response (AMR)

9. REACH Air Medical Services

10. Upland Police Department
II. BACKGROUND
The Blue Envelope Program was developed through a two-year collaboration between Inland Regional Center (IRC), the Autism Society Inland Empire (ASIE), and the San Bernardino County Sheriff's Department (SBCSD). It is funded through the Department of Developmental Services (DDS) under the Language Access and Cultural Competency (LACC) initiative. The program includes training for parents, clients, and caregivers, and the distribution of standardized materials such as blue envelopes, seatbelt covers, keychains, wristbands, lanyards, and vehicle decals to support individuals during law enforcement interactions.

The Blue Envelope Program is designed to enhance the experience of individuals with intellectual or developmental disabilities—such as autism spectrum disorder (ASD), intellectual disability (IQ below 70), cerebral palsy, epilepsy, or communication barriers— as well as their families. It promotes equitable access to information and services for multilingual, Deaf/Deaf Plus, non-verbal, monolingual, and culturally diverse communities, with a focus on ensuring safety during emergencies, law enforcement encounters, and crises. The program is intended to complement, not replace, an officer's professional judgment or established safety protocols.

III. RESPONSIBILITIES OF INLAND REGIONAL CENTER
IRC agrees to:

1. Provision of Materials
IRC will provide the Menifee Police Department with Blue Envelope Program– branded materials, including lanyards, car decals, bracelets, keychains, pins, and seatbelt covers, at no cost, as outlined in this MOU and subject to availability.

Note: The Blue Envelope itself is not included.

2. Translation Services
IRC will provide professional translation services to the Menifee Police Department at no cost, contingent upon the availability of LACC funding.

Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
188 of 442

a. Spanish will be provided at a minimum, with additional languages offered based on agency needs and community demographics.

3. Training and Education
Upon request, IRC will provide training to officers/staff on the Blue Envelope Program and IRC 101 for Law Enforcement Officers – Characteristics of Developmental Disabilities.
a. This training may also include emerging best practices; trauma-informed strategic communication for individuals with autism, cerebral palsy, intellectual disabilities, and epilepsy; current research ﬁndings; and person- centered response techniques.

4. Curriculum Updates
IRC will offer updated training curricula that reﬂect community feedback, current research, relevant case studies, and stakeholder input.

5. Logo Usage Authorization
IRC permits the use of its logo on Blue Envelope distributed marketing materials, provided the use complies with IRC branding guidelines. It is solely for program- related purposes under this agreement.

6. Scenario-Based Training Events
IRC, in collaboration with the ASIE, will host one to two large-scale, scenario-based Blue Envelope training events each year for parents, clients, and caregivers. The Menifee Police Department will be invited to participate as a key partner in these education and outreach efforts and will be recognized as a Blue Envelope Coalition partner in all related marketing materials, blogs, and press releases.

7. Community Awareness
IRC will maintain and promote public awareness of the Blue Envelope Program and Coalition through community outreach, social media campaigns, press releases, and blog publications.

IV. RESPONSIBILITIES OF MENIFEE POLICE DEPARTMENT
Menifee Police Department agrees to:

1. Branding Requirements
All marketing materials, including ﬂyers and any distributed Blue Envelope items, must feature the logos of IRC, ASIE, and DDS. These materials are to be used solely for the Blue Envelope Program. The Blue Envelope itself is not required to display these logos.

Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
189 of 442

o The Riverside County Sheriff's Department is not a partner in the Blue Envelope Coalition, and the IRC and DDS logos are not permitted to appear in conjunction with their logo.
o All Blue Envelope "swag" must display only the official Blue Envelope logo.

No department logos or additional branding may be added, in alignment with the potential statewide model to prevent confusion.

2. Distribution Guidelines
Materials should be distributed only after an awareness conversation to individuals who may beneﬁt from the program, including those with I/DD, individuals who are DHH, or those with other qualifying conditions.

3. Accessibility
Upon request, all training materials and public outreach under this MOU will be provided in accessible formats, including but not limited to American Sign Language (ASL) interpretation, captioning, plain language, and translations, to ensure equitable access for all participants.

Note: IRC may provide interpretation if the individual is an IRC client and IRC receives at least 14 days' notice.

4. Community Education / Public Input Meetings
The Menifee Police Department agrees to invite IRC and ASIE to any public input meetings or trainings related to the Blue Envelope Program.

5. Training Requirements
All participating officers and office staff must complete the 15-minute Blue Envelope training provided by IRC, ASIE, or an approved Menifee Police Department designee before participating in public education or material distribution.

6. Curriculum Standards
Training must follow the Blue Envelope Coalition-approved curriculum and incorporate best practices developed with community stakeholders, as well as the lived experiences of those most impacted.

7. Privacy Protection
No personal identifying information may be collected from individuals receiving Blue Envelope materials.

8. Event Participation – ASIE/IRC
Partners are expected to participate in ASIE and IRC-hosted safety fairs within their catchment area and host an information booth to engage with the I/DD and DHH community.

Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
190 of 442

V. DURATION
This MOU is effective upon signature by both parties and shall remain in effect for two (2) years from the date of signing. It may be renewed or amended upon mutual written agreement.

VI. TERMINATION
Either party may terminate this MOU with thirty (30) days' written notice. In the event of termination, any unused Blue Envelope materials shall be returned to IRC within ten (10) business days.

VII. GENERAL PROVISIONS
This MOU does not constitute a legal partnership or agency relationship between the Parties. Neither party shall have the authority to bind the other to any obligations outside of the scope of this agreement.

IN WITNESS WHEREOF , the Parties have executed this MOU as of the date written below:

INLAND REGIONAL CENTER
Signature: ______________________
Name: Dr. CJ Cook, DBA, MBA
Title: Program Administrator
Date: ___________________________
City of Menifee on behalf of
Menifee Police Department
Signature: _____________________
Name: ________________________
Title: __________________________
Date: __________________________
[email protected]
909-382-4848 Desk
909-522-1243 On Call Cell
8-14-2025
Item Title: 10.10
Memorandum of Understanding with Inland Regional Center for Blue Envelope Program Materials and Training Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
191 of 442

CITY OF MENIFEE
SUBJECT: Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements
MEETING DATE: September 17, 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 and authorize the City Manager to execute Amendment No. 1 to the Master Agreement with BMLA, Inc., increasing the amount by $400,000 and extending the agreement term through September 5, 2028; and

2. Approve and authorize the City Manager to execute Amendment No. 1 to the Master Agreement with MIG, Inc. increasing the amount by $400,000 and extending the agreement term through September 5, 2028; and

3. Approve and authorize the City Manager to execute Amendment No. 1 to the Master Agreement with RHA Landscape Architects-Planners, Inc., increasing the amount by $400,000 and extending the agreement term through September 5, 2028.

DISCUSSION
The City of Menifee’s Community Services Department (CSD) oversees the ongoing development and maintenance of all City parks and rights-of-way. As part of the Capital Improvement Program (CIP), CSD continues its focus on developing and upgrading various City maintained parks. These projects along with other CSD projects require a Landscape Architect firm to be successful.

On September 6, 2023, City Council approved the CSD On-Call Short List for Landscape Architect Services for Fiscal Year (FY) 2023-2028. The list includes BMLA, MIG Inc. and RHA Landscape Architect-Planners. In conjunction with the approval of the short list, master agreements were also executed for all three selected vendors with a termination date in September 2025.

Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 1

Menifee Mayor and City Council
September 17, 2025
Page
192 of 442

City of Menifee Staff Report
Amendment to CSD Landscape Architect Master Agreements
September 17, 2025

Page 2 of 3 ends

2 9
0 8
Over the first two years of performance, staff has been satisfied with the quality of services and responsiveness from the firms that have been utilized. Staff is therefore recommending that all three master agreements be amended and extended throughout the life of the approved short list.

All three firms must be amended to the same maximum contract authority in order to remain active on the Council-approved On-Call Short List. This ensures consistency, fairness, and flexibility when assigning future projects.

On-Call landscape architect services would be utilized to help with the development of various projects including a future park on a City-owned parcel north of Paloma Valley High School, turf conversion within Lighting, Landscape, and Maintenance District (LLMD) 89-1C, and to design a playground at Banner Village Park.

If approved, the amendments would increase the maximum contract authority for each firm by $400,000. This action would raise that combined limit to $1,400,000 in total for all terms of each agreement as detailed below.

TABLE 1 – CONTRACT AUTHORITY AND PROPOSED AMENDEMENT
Term Dates Amount
Initial Term September 2023 - September 2024 $500,000
1ST Renewal Term September 2024 - September 2025 $500,000 2nd, 3rd, and 4th Renewal Term September 2025 - September 2028 $400,000 TOTAL FOR EACH AGREEMENT $1,400,000
The increase to all three agreements does not authorize $4.2 million in spending; rather, it provides the City flexibility to assign work among any of the three firms while ensuring overall expenditures remain within the established cap.

STRATEGIC PLAN OBJECTIVE
Unique Identity

FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action. Any projects assigned under the master agreements will be funded through existing appropriations in the approved Capital Improvement Program (CIP). Funding is available within the projects identified in Table 2.

TABLE 2 – AVAILABLE FUNDING
Project Account No.

Adopted
Budget
FY 2025/26
Adopted
Budget
FY 2026/27
CIP 24-08
Evans Park North
Design
4320-PWD-CIPC-906-02620-690050 $300,000 -
CIP 27-04
Banner Village
Playground
4320-PWD-CIPC-906-04320-690050 - $387,379
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
193 of 442

City of Menifee Staff Report
Amendment to CSD Landscape Architect Master Agreements
September 17, 2025

Page 3 of 3 ends

2 9
0 8
Future project needs would be programmed in subsequent fiscal year budgets as necessary.

However, cumulative expenditures under all three agreements are not anticipated to exceed $1,400,000 over the life of the contracts.

ATTACHMENTS

1. BMLA Inc. Amendment No. 1

2. MIG, Inc. Amendment No. 1

3. RHA Landscape Amendment No. 1
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
194 of 442

AMENDMENT NO. 1

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Master Agreement (“Agreement”) made on September 6, 2023, between the City of Menifee (“City”) and BMLA, INC. (“Consultant”), for PROFESSIONAL ON CALL LANDSCAPE ARCHITECT SERVICES, which this Amendment No. 1 is made and entered into on ________________, 2025, to extend the term of the Agreement and increase the compensation amount as indicated below:

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

2. The Parties acknowledge that the Agreement was erroneously allowed to expire on September 6, 2025. Notwithstanding the foregoing, the Parties acknowledge that each continued to operate as though the Agreement were in full force and effect, and mutually desire to retroactively extend the term of the Agreement from September 6, 2025 through the effective date of this Amendment No. 1.

Accordingly, Section 1.3, “Term” is amended to read as follows:

1.3 Term.This Agreement shall become effective on the Effective Date and shall continue until the date which is one (1) year from the Effective Date (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”). Upon termination of the Third Renewal Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“Fourth Renewal Term”). None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section 7. The word “term” shall refer to the Initial Term and any renewal term which actually occurs. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.

3. SECTION 3, “Compensation” is amended to read as follows, increasing the contract amount by: FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.000).

Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
195 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
SECTION 3. COMPENSATION.

Not to Exceed Compensation. Consultant is one (1) of three (3) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Consultant hereby acknowledges that Consultant is one (1) of three (3) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services.

Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order.

In no event shall the cumulative compensations under all Purchase Orders exceed, in the combined amounts to the three (3) Performing Consultants, the aggregate following amounts:

Initial Term: An aggregate sum not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00)
First Renewal Term: An aggregate sum not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00)
Second, Third, and Fourth Renewal Terms: An aggregate sum not to exceed Four Hundred Thousand Dollars and Zero Cents
($400,000.00)

4. Exhibit A, “Form of Purchase Order” is amended to augment and increase the compensation amount listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Form of Purchase Order”, to the Agreement is amended to read as follows:

EXHIBIT A

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the cumulative compensations under all Purchase Orders exceed in the Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
196 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
combined amounts to the three (3) Performing Consultants combined in the aggregate following amounts:

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

6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
197 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Debbie Miller, Chief Financial Officer
Steve Shirrel, VP of Operations
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided with
a certificate of secretary in-lieu]
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
198 of 442

AMENDMENT NO. 1

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Master Agreement (“Agreement”) made on September 6, 2023, between the City of Menifee (“City”) and MOORE IACOFANO GOLTSMAN, INC DBA MIG (“Consultant”), for PROFESSIONAL ON CALL LANDSCAPE ARCHITECT SERVICES, which this Amendment No. 1 is made and entered into on ________________, 2025, to extend the term of the Agreement and increase the compensation amount as indicated below:

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

Accordingly, Section 1.3, “Term” is amended to read as follows:

3. SECTION 3, “Compensation” is amended to read as follows, increasing the contract amount by: FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.000).

Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 8

Menifee Mayor and City Council
September 17, 2025
Page
199 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
SECTION 3. COMPENSATION.

In no event shall the cumulative compensations under all Purchase Orders exceed, in the combined amounts to the three (3) Performing Consultants, the aggregate following amounts:

EXHIBIT A

Menifee Mayor and City Council
September 17, 2025
Page
200 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
combined amounts to the three (3) Performing Consultants combined in the aggregate following amounts:

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

Menifee Mayor and City Council
September 17, 2025
Page
201 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Pamela Steele, Principal
Daniel Iacofano, Principal
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided with
a certificate of secretary in-lieu]
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 11

Menifee Mayor and City Council
September 17, 2025
Page
202 of 442

AMENDMENT NO. 1

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Master Agreement (“Agreement”) made on September 6, 2023, between the City of Menifee (“City”) and RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. (“Consultant”), for PROFESSIONAL ON CALL LANDSCAPE ARCHITECT SERVICES, which this Amendment No. 1 is made and entered into on ________________, 2025, to extend the term of the Agreement and increase the compensation amount as indicated below:

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

Accordingly, Section 1.3, “Term” is amended to read as follows:

3. SECTION 3, “Compensation” is amended to read as follows, increasing the contract amount by: FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.000).

Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 12

Menifee Mayor and City Council
September 17, 2025
Page
203 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
SECTION 3. COMPENSATION.

In no event shall the cumulative compensations under all Purchase Orders exceed, in the combined amounts to the three (3) Performing Consultants, the aggregate following amounts:

EXHIBIT A

Menifee Mayor and City Council
September 17, 2025
Page
204 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES
combined amounts to the three (3) Performing Consultants combined in the aggregate following amounts:

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

Menifee Mayor and City Council
September 17, 2025
Page
205 of 442

AMENDMENT NO. 1 TO

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL LANDSCAPE ARCHITECT

SERVICES

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Doug Grove, President
Doug Grove, Secretary
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided with
a certificate of secretary in-lieu]
Item Title: 10.11
Agreement Amendments to the Community Services Department On-Call Short List Landscape Architect Master Agreements Item Page Number: 15

Menifee Mayor and City Council
September 17, 2025
Page
206 of 442

CITY OF MENIFEE
SUBJECT: Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project
MEETING DATE: September 17, 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
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 6 to the Professional Services Agreement (PSA) with KOA Corporation for the McCall Boulevard Widening Project, Capital Improvement Program (CIP) Project No. 22-03, increasing the amount by $98,509, for a total not-to-exceed amount of $403,412.38.

DISCUSSION
The McCall Boulevard Widening Project, CIP Project No. 22-03 (Project), is located between Oakhurst Avenue and Junipero Road. The existing roadway consists of two lanes for approximately half a 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 prepare civil design, Plans, Specifications, and Estimate (PS&E) services for the McCall Boulevard Widening Project. At the time the design phase began, the Menifee Valley Specific Plan (MVSP), a private development northeast of the Project area, was still in the entitlement process. The MVSP has since been approved, and the developer, Minor Ranch LLC (Brookfield), has been conditioned to complete roadway widening and other improvements within the Project limits. Because the original PS&E did not account for Brookfield’s conditioned improvements, revisions to the plans are now required. The Project design is currently Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 1

Menifee Mayor and City Council
September 17, 2025
Page
207 of 442

City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 6
September 17, 2025

Page 2 of 3 ends

2 9
2 5
95% complete, however, the plans must be updated to remove improvements that would later be replaced by Brookfield as part of their development obligations.

Under proposed Amendment No. 6, the Consultant would revise the Project plans to capture these changes. Major modifications would include adjusting roadway alignment, reducing roadway width, and removing a retaining wall included in the City’s original design. These revisions would align the City’s plans with Brookfield’s conditioned improvements and are expected to generate an estimated $1 million in savings during the construction phase of the Project. Updating the PS&E at this stage would avoid redundant work, reduce potential conflicts during construction, and ensure that the final design remains consistent with City standards.

Amendment No. 6 is necessary to authorize additional Consultant services to complete these revisions, finalize the PS&E, and allow the Project to advance to the bidding and construction phases in the most cost-effective and efficient manner. The proposed Amendment No. 6 would increase the Consultant’s compensation by $98,509.00, increasing the total not-to-exceed amount of the Agreement to $403,412.38. The amendment history for the Project is summarized in Table 1 below.

TABLE 1 – KOA CORPORATION’S AGREEMENT HISTORY
Agreement
Activity
Approval
Date
Summary of Changes Value
Original Contract 6/21/2023 PS&E design services. $231,726.22 Amendment 1 7/20/2023 Hydrology report and drainage
engineering
$11,760.00
Amendment 2 12/6/2023 Term extension only, through
12/31/2025
N/A
Amendment 3 6/19/2024 Additional environmental focused
Studies: Burrowing owl survey, Narrow
endemic plants & rare plant survey.

Pre-construction survey (avian,
woodrat middens & jack rabbits),
streambed delineation, regulatory
permit.
$50,557.16
Amendment 4 10/2/2024 Ongoing design support for additional meetings, geotechnical evaluation, and
recommendations.
$3,300.00
Amendment 5 7/16/2025 Additional right-of-way engineering services.
$7,560.00
Amendment 6 PENDING Revise design plans & additional
engineering services.
$98,509.00
TOTAL $403,412.38
Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount, that exceed a time extension of 120 days, or that exceed the City Manager’s signing authority, shall be approved by the City Council.

Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
208 of 442

City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 6
September 17, 2025

Page 3 of 3 ends

2 9
2 5

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 6 with the Consultant is $98,509.00, for an Agreement total not-to-exceed amount of $403,412.38. Funding for the proposed Amendment No. 6 is available in the FY 2025/2026 CIP budget within the Measure A Fund (4320-PWD-CIPS- 900-02220-690050), as summarized in Table 2 below.

TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost Measure A CIP22-03.2220.DES.CAE $1,005,801.31 $98,509.00 TOTAL $1,005,801.31 $98,509.00

ATTACHMENTS

1. Project Location Map

2. Amendment No. 6

3. Original Agreement
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
209 of 442

Saddlecrest St
D
u
r
a
n
t
S
t
McCall Blvd
Brookford Ln
M
a
y
w
o
o
d
B
e
n
d
D
r
Woodside Way
S h a d e l R d
A
l m
o
n
t
W
a
y
Chambers Ave
White Oaks St
Palomar Rd
V i n
e
S
t
J
u
n
i
p
e
r o
R d
D
a
n
f o
r d
C
t
O
a
k
h
u
r
s
t
A
v
e
H o l l y o a k W a y
O
v
e
r
l a
n
d
W
a y
Fargo St
Summit St
LindenbergerRd
McCall Blvd
M
e
n
i
f
e
e
R
d
Simpson
Rd
Map Symbology
Project Site
0 0.06 0.11
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\AntelopeRdResurfacing\AntelopeRdResurfacing.aprx Date: 8/25/2025 ¹
McCall Blvd. Widening (CIP 22-03)
Project Location Map
From Oakhurst to Menifee
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
210 of 442

AMENDMENT NO. 6 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES AMENDMENT NO. 6 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES This is Amendment No. 6 to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and KOA CORPORATION, a California S-Corporation (“Consultant”) for CIP 22-03: MCCALL BLVD

WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on December 6, 2023 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on June 19, 2024 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on Ocotber 2, 2024 (“Amendment No. 4”), as amended by that certain Amendment No. 5 to the Agreement entered into on July 16, 2025 (“Amendment No. 5”), which this Amendment No. 6 is made and entered on ____ ____,2025 to increase the compensation amount and augment the scope of services as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.

2.SECTION 2, “Compensation” is amended to increase the maximum compensation by

NINETY EIGHT THOUSAND FIVE HUNDRED NINE DOLLARS AND ZERO CENTS ($98,509.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FOUR HUNDRED THREE

THOUSAND FOUR HUNDRED TWELVE DOLLARS AND THIRTY EIGHT CENTS ($403,412.38) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
211 of 442

AMENDMENT NO. 6 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed FOUR HUNDRED THREE THOUSAND FOUR HUNDRED TWELVE DOLLARS AND THIRTY EIGHT CENTS ($403,412.38) notwithstanding as further detailed in the following page(s).

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

5. This Amendment No. 6 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
212 of 442

AMENDMENT NO. 6 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

KOA CORPORATION
Michael Nilsson, Principal, Southern
California Planning Lead
Giuseppe Canzonieri, Principal, Southern
California Design Lead
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
213 of 442

EXHIBIT A

SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 8

Menifee Mayor and City Council
September 17, 2025
Page
214 of 442

EXHIBIT A

Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 9

Menifee Mayor and City Council
September 17, 2025
Page
215 of 442

EXHIBIT A
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 10

Menifee Mayor and City Council
September 17, 2025
Page
216 of 442

EXHIBIT A
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 11

Menifee Mayor and City Council
September 17, 2025
Page
217 of 442

EXHIBIT A
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 12

Menifee Mayor and City Council
September 17, 2025
Page
218 of 442

EXHIBIT A
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 13

Menifee Mayor and City Council
September 17, 2025
Page
219 of 442

2671/031858-0001
7630376.2 a01/11/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KOA CORPORATION, a California S - Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services . The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein . That agreement was erroneously allowed to expire.

The Parties continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on December 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F June21
Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 14

Menifee Mayor and City Council
September 17, 2025
Page
220 of 442

2671/031858-0001
7630376.2 a01/11/23 -2-

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

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

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED THIRTY

ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

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

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 15

Menifee Mayor and City Council
September 17, 2025
Page
221 of 442

2671/031858-0001
7630376.2 a01/11/23 -3-

e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 16

Menifee Mayor and City Council
September 17, 2025
Page
222 of 442

2671/031858-0001
7630376.2 a01/11/23 -4-

SECTION 3. FACILITIES AND EQUIPMENT.

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

SECTION 4. INSURANCE REQUIREMENTS.

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

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

Menifee Mayor and City Council
September 17, 2025
Page
223 of 442

2671/031858-0001
7630376.2 a01/11/23 -5-

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 S ervices to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. C
lai ms-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 18

Menifee Mayor and City Council
September 17, 2025
Page
224 of 442

2671/031858-0001
7630376.2 a01/11/23 -6-

Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or term ination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. V erification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional 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 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. N
otice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. A dditional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

Menifee Mayor and City Council
September 17, 2025
Page
225 of 442

2671/031858-0001
7630376.2 a01/11/23 -7-

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

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

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

SECTION 5. INDEMNIFICATION.

Menifee Mayor and City Council
September 17, 2025
Page
226 of 442

2671/031858-0001
7630376.2 a01/11/23 -8-

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

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

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

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

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accompli shes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 21

Menifee Mayor and City Council
September 17, 2025
Page
227 of 442

2671/031858-0001
7630376.2 a01/11/23 -9-

injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

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

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

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

Consultant represents and warrants to City that Consultant and its employees, agents, and DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 22

Menifee Mayor and City Council
September 17, 2025
Page
228 of 442

2671/031858-0001
7630376.2 a01/11/23 -10-

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

8.7 S
urvival . All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Cons ultant shall survive the expiration or termination of this Agreement.

8.8 O ptions upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:

Menifee Mayor and City Council
September 17, 2025
Page
229 of 442

2671/031858-0001
7630376.2 a01/11/23 -11-

a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.3 C
onsultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 24

Menifee Mayor and City Council
September 17, 2025
Page
230 of 442

2671/031858-0001
7630376.2 a01/11/23 -12-

this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

10.5 N
o Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

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

10.7 C onsultant Representative . All matters under this Agreement shall be han dled for Consultant by Min Zhou (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 25

Menifee Mayor and City Council
September 17, 2025
Page
231 of 442

2671/031858-0001
7630376.2 a01/11/23 -13-

best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

10.9 N
otices . Any written notice to Consultant shall be sent to:

KOA CORPORATION
Attn: Min Zhou
2141 West Orangewood, Suite A
Orange, CA 92868
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst I
with a copy to:

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

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

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

10.11 Rights and Remedie s. 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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 26

Menifee Mayor and City Council
September 17, 2025
Page
232 of 442

2671/031858-0001
7630376.2 a01/11/23 -14-

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.

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

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

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

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

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

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

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

Menifee Mayor and City Council
September 17, 2025
Page
233 of 442

2671/031858-0001
7630376.2 a01/11/23 -15-

[Signatures on Following Page]

Menifee Mayor and City Council
September 17, 2025
Page
234 of 442

2671/031858-0001
7630376.2 a01/11/23 -16-

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, Interim City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Min Zhou, PE Area Manager, California
Region

Juan Gutierrez, CMA, Financial Manager

[Corporation must have two signatures]
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.12
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 29

Menifee Mayor and City Council
September 17, 2025
Page
235 of 442

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 22 -03: McCall Blvd Widening Project Design Services (Civil Design Plans, Specifications, and Estimate ("PS&E")) Services in the amount not to exceed TWO

HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) as further detailed in the following page(s).

Menifee Mayor and City Council
September 17, 2025
Page
236 of 442

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

Menifee Mayor and City Council
September 17, 2025
Page
237 of 442

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

Menifee Mayor and City Council
September 17, 2025
Page
238 of 442

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -2-

Menifee Mayor and City Council
September 17, 2025
Page
239 of 442

CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance for Annexation No. 30, Menifee Commerce Center, into Community Facilities District 2017-1, Maintenance Services
MEETING DATE: September 17, 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. Adopt a resolution calling an election to annex territory, including Parcel Nos. 331-110-027, 331-110-035, 331-110-041, 331-140-010, 331-140-018, 331-140-021, and 331-140-025, associated with Tentative Parcel Map 38156, Menifee Commerce Center, located south of Ethanac Road, east of Trumble Road, west of Dawson Road, and north of McLaughlin Road, into Community Facilities District (CFD) No. 2017-1 Maintenance Services and to levy a special tax on that land; and

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

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

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

DISCUSSION
On August 6, 2025, the City Council adopted Resolution No. 25-1617, declaring its intent to annex territory to CFD No. 2017-1 and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 30. The next steps in the annexation proceedings are to hold a public hearing on September 17, 2025, to conduct an election for the landowners and to declare the results of that election. Notice of the public hearing was published in the Press Enterprise and mailed to the property owner in accordance with the Mello-Roos Act.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 1

Menifee Mayor and City Council
September 17, 2025
Page
240 of 442

City of Menifee Staff Report
CFD2017-1 Annex No. 30 – Menifee Commerce Center
September 17, 2025

Page 2 of 3 ends

2 8
9 0
The area within Annexation No. 30 is included in Tentative Parcel Map 38156 (TPM 38156) and is approximately 80 gross acres of a vacant industrial lot within the City. The property is located south of Ethanac Road, east of Trumble Road, west of Dawson Road, and north of McLaughlin Road, as shown in the attached Project Location Map. The proposed maintenance services would include items such as landscaping, lighting, streets, and drainage.

Per the request of Menifee Commerce Center I, LLC, (Owner), the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 30 to pay for those services.

Annexation No. 30 would have a maximum annual tax of $1,686 per acre and would be included in CFD No. 2017-1 as “Tax Zone 30.” This tax rate includes Maximum Special Tax A of $1,312 per acre per year for maintenance services of public facilities and a Maximum Special Tax B (Contingent Tax B) of $374 per acre per year. The maximum annual tax rate would escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained through the CFD.

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

A copy of the boundary map entitled "Annexation Map No. 30, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on August 8, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 85, in the office of the Riverside County Recorder. Annexing the parcels into CFD No. 2017-1 would cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. Upon full completion of the tract development, there would be an annual collection of Special Tax revenues of approximately $94,151, not including Contingent Tax B, to be used to pay for maintenance costs.

On June 1 of each year, every taxable unit for which a building permit has been issued 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, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 2

Menifee Mayor and City Council
September 17, 2025
Page
241 of 442

City of Menifee Staff Report
CFD2017-1 Annex No. 30 – Menifee Commerce Center
September 17, 2025

Page 3 of 3 ends

2 8
9 0
All costs associated with annexation into the CFD have been borne by the Owner. 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.

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation

7. Maintenance Site Plan Exhibit
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 3

Menifee Mayor and City Council
September 17, 2025
Page
242 of 442

333-070-069

TRUMBLE
RD
VAN
BUREN
AVE

JEFFERSON AVE

MONROE AVE
DAW
SON
RD

ANTELOPE
RD

SHERMAN
RD
EVANS
RD

ENCANTO
DR
§¨¦
215
·|}þ74
^_

MENIFEE
RD

ETHANAC RD

SHERMAN
RD

MURRIETA

RD MCLAUGHLIN RD

SUNCITYBLVD
CANNON
DR
VALLEY
BLVD
GEARY
ST

JUNIPERO RD

ASPEL RD

BARNETT RD
§¨¦215

CHAMBERS AVE
VELADR
(MAINTENANCE SERVICES)
ANNEXATION NO. 30

PROJECT MAP
Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 30, Menifee Commerce Center, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 4

Menifee Mayor and City Council
September 17, 2025
Page
243 of 442

1 RESOLUTION NO. 25-____

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

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 201 7-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 30), TENTATIVE PARCEL MAP 38156 (TPM 38156).

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which a re necessary to meet increas ed demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Council called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit , as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council August 6, 2025, duly adopted Resolution No. 25-1617 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for September 17, 2025; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 30, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on August 8, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 85, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 17, 2025, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. If and to the extent participation in the September 17, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating in the meeting were posted on the Agenda for said meeting, which w as 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 was and will be made available upon request to the Menifee City Clerk's office at 951-723- 3471; and
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 5

Menifee Mayor and City Council
September 17, 2025
Page
244 of 442

Resolution Calling an Election Annex 30
2 WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017- 1, or by the owners of one -half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017- 1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017- 1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements , and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred with the election date set forth herein.

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

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

Section 2. Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

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

Section 4. Findings Regarding Prior Proceedings . The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax . As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2017- 1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually in CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 6

Menifee Mayor and City Council
September 17, 2025
Page
245 of 442

Resolution Calling an Election Annex 30
3 Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax lev ies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Government Code section 50075.1, the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works Director annually shall prepare and file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in the CFD No. 2017-1.

Section 9. Special Election; Voting Procedures . The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on September 17, 2025, and shall be conducted as follows:
(A). Qualified Electors . The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the territory proposed to be annexed into CFD No. 2017-

1. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on July 31, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2017- 1), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1. (B). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector. (D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on September 17, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on September 17, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 7

Menifee Mayor and City Council
September 17, 2025
Page
246 of 442

Resolution Calling an Election Annex 30
4 (F). Declaration of Results . The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

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

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

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

PASSED, APPROVED AND ADOPTED this 17th day of September 2025

___________________________
Ricky Estrada, Mayor

Attest:

___________________________
Stephanie Roseen, City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 8

Menifee Mayor and City Council
September 17, 2025
Page
247 of 442

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

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

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

A. DE

FINITIONS
“Ac
re” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“A
dministrative 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.
“Ad
ministrator” means the City Manager of the City of Menifee, or his or her designee. “A
pproved 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.
“Asse
ssor’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.
“Asse
ssor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Asse
ssor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“B
uilding Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 9

Menifee Mayor and City Council
September 17, 2025
Page
248 of 442

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.
“C
FD” or “CFD No. 2017 -1” means the City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services).
“
City” means the City of Menifee.
“
Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“
County” means the County of Riverside.
“
Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“
Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“
Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “
Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“
Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “
Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“
Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“
Maximum Special Tax B (Contingent) ” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent) , as determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 10

Menifee Mayor and City Council
September 17, 2025
Page
249 of 442

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 for th e costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 11

Menifee Mayor and City Council
September 17, 2025
Page
250 of 442

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 Mult i- 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 12

Menifee Mayor and City Council
September 17, 2025
Page
251 of 442

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
T he 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 t
he 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
O n each July 1, commencing on July 1, 201 9 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
I n some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use 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 T
ax 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 13

Menifee Mayor and City Council
September 17, 2025
Page
252 of 442

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

MAXIMUM SPECIAL TAX A RATES

APPROVED 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
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. U
ndeveloped 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
O
n 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. Sp
ecial 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. D
eveloped Property
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 14

Menifee Mayor and City Council
September 17, 2025
Page
253 of 442

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 7 (
i) Maximum Special Tax B (Contingent)
Th e 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) O n each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for D
eveloped 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
I n 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 15

Menifee Mayor and City Council
September 17, 2025
Page
254 of 442

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

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED 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
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. U
ndeveloped 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
O
n 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) b
y two percent (2.0%), whichever is greater.

D. M

ETHOD 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:

F
irst: 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; S
econd: I f 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 16

Menifee Mayor and City Council
September 17, 2025
Page
255 of 442

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; T
hird: 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. S
pecial 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:

F
irst: 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;
S
econd: I f 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;
T
hird: 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. F

UTURE 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. EX

EMPTIONS
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
) w
hich are in use in the performance of a public function as determined by the Administrator.

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 17

Menifee Mayor and City Council
September 17, 2025
Page
256 of 442

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. M

ANNER 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 18

Menifee Mayor and City Council
September 17, 2025
Page
257 of 442

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 30.

TAX ZONE 30 (SERVICES)
TPM 38156
Item Description Estimated Cost
1 Landscaping $25,573
2 Lighting $10,402
3 Streets $26,816
4 Drainage $18,962
5 Reserves $8,175
6 Admin $4,223
Total $94,151
T
AX ZONE 30 (CONTINGENT SERVICES)
TPM 38156
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2025-26. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 30.

Item Description Estimated Cost
1 Drainage $23,204
2 Reserves $2,320
3 Administration $1,295
Total $26,819
T
AX ZONE 30
FY 2025-26 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $1,312 $374
Approved Acre $1,312 $374
Undeveloped Acre $1,312 $374
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 19

Menifee Mayor and City Council
September 17, 2025
Page
258 of 442

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 The Han Family Trust Dated February 27, 2003
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 20

Menifee Mayor and City Council
September 17, 2025
Page
259 of 442

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 2024-25 333-0 40- 043,
333-0 40- 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 NR Acre $820 $0 Nova Power, LLC 29 2024-25 TR 38346 162 SFR RU $274 $65 Rouse 162 Investments 30 2025-26 TPM 38156 71.78 NR Acr e $1,312 $374 Menifee Commerce Center I, LLC
E

SCALATION 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 21

Menifee Mayor and City Council
September 17, 2025
Page
260 of 442

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

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

DESCRIPTION OF AUTHORIZED SERVICES
Th
e 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 and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (
b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) 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 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 22

Menifee Mayor and City Council
September 17, 2025
Page
261 of 442

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 15 APPENDIX C

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

PROPOSED BOUNDARIES
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 23

Menifee Mayor and City Council
September 17, 2025
Page
262 of 442

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 24

Menifee Mayor and City Council
September 17, 2025
Page
263 of 442

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 25

Menifee Mayor and City Council
September 17, 2025
Page
264 of 442

EXHIBIT B

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 30
(September 17, 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
Menifee Commerce Center I, LLC 79.75 80
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

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: If by mail, place ballot in the return envelope provided, and mail no later than September 3 , 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.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 17, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

H
owever delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 17, 2025.

V
ery truly yours,
S
tephanie Roseen
City Clerk
City of Menifee
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 26

Menifee Mayor and City Council
September 17, 2025
Page
265 of 442

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

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

Menifee Commerce Center I, LLC
C/O Core5 Industrial Partners
Attn: Linda Booker
1230 Peachtree Street, Suite 1000
Atlanta, GA 30309
331-110-027, 331-110-035, 331-110-041, 331-
140-010, 331-140-018, 331-140-021, and 331-
140-025

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
Maximum
Special Tax B
(Contingent)
Non-Residential $1,312 $374
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax A and the Maximum Special Tax B 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. 30 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and drainage for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1617 adopted by the City Council of the City of Menifee on August 6, 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__.

Li
nda Booker
Secretary/CFO
Signature
Print Name
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 27

Menifee Mayor and City Council
September 17, 2025
Page
266 of 442

EXHIBIT C

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 30) September 17, 2025
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Maximum
Special Tax
A
Maximum
Special Tax B
Non-Residential $1,312 $374
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax A and the Maximum Special Tax B 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. 30 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets and drainage for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1617 adopted by the City Council of the City of Menifee on August 6, 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? Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 28

Menifee Mayor and City Council
September 17, 2025
Page
267 of 442

1 RESOLUTION NO. 25-____

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

DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON SEPTEMBER 17, 2025, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) (ANNEXATION NO. 30), TENTATIVE PARCEL MAP 38156 (TPM 38156).

WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017- 1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for September 17, 2025 , and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet i ncreased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on September 17, 2025, and the City Clerk (or, in the absence of the City Clerk, the City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated September 17, 2025, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certify ing on said basis that the special mailed-ballot election was closed.

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

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

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

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

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

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 25-1617 adopted by the City Council on August 6, 2025. The boundaries Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 29

Menifee Mayor and City Council
September 17, 2025
Page
268 of 442

Resolution Declaring Election Results Annex 30
2 of the annexed territory are shown on the map entitled, “Annexation Map No. 30 Community Facilities District No. 2017 -1 (Maintenance Services)” a copy of which was recorded, on August 8, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 85, in the office of the Riverside County Recorder.

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

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

PASSED, APPROVED AND ADOPTED this 17th day of September 2025

___________________________
Ricky Estrada, Mayor
Attest:

___________________________
Stephanie Roseen, City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 30

Menifee Mayor and City Council
September 17, 2025
Page
269 of 442

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 30

CERTIFICATE OF ELECTION RESULTS

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

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 31, 2025 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

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

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

Tax Zone
Qualified
Landowner Votes Votes Cast YES NO
30 79.75 80

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on September 17, 2025.

Stephanie Roseen
City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 31

Menifee Mayor and City Council
September 17, 2025
Page
270 of 442

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 32

Menifee Mayor and City Council
September 17, 2025
Page
271 of 442

ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2025-26 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

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

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 30)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and WHEREAS, on August 6, 2025, the City Council adopted Resolution No. 25-1617 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 30) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for September 17, 2025; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on September 17, 2025, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 33

Menifee Mayor and City Council
September 17, 2025
Page
272 of 442

5 1
1 0
1 WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 30)” (the “Resolution Calling the Election”) on September 17, 2025, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on September 17, 2025, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on September 17, 2025, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 30)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 30”).

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

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

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

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

Section 2.Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2025- 26, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 34

Menifee Mayor and City Council
September 17, 2025
Page
273 of 442

5 1
1 0
1 invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 17th day of September 2025 and 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: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 35

Menifee Mayor and City Council
September 17, 2025
Page
274 of 442

5 1
1 0
1 EXHIBIT A

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

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

In addition to payment of the cost and expense of the foregoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).

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

Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 36

Menifee Mayor and City Council
September 17, 2025
Page
275 of 442

5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2025-26
(Effective as of September 17, 2025)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC
Original
Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043,
372-040-044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP
340-050-034,
340-050-032
9 D.R. Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011,
333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, -042
15 Boulders Menifee LLC 339-200-080
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009,
329-020-022
18 AH EHC CA 1 364-190-004,
364-190-005
19 DSMD Cajun Properties 360-020-029
20 To Be Determined
21 Richmond American Homes of
Maryland, Inc., a Maryland corporation
338-150-046,
338-150-031
Item Title: 11.1
First

Reading

and

Introduction

Ordinance

for

Annexation

No.

30,

Menifee

Commerce

Center,

into

Community

Facilities

District
2017-1, Maintenance Services
Item Page Number: 37

Menifee Mayor and City Council
September 17, 2025
Page
276 of 442

Ordinance Annex 30

Page 6 of 12 ends

Menifee City CouncilSeptember 17, 2025

Menifee City Council
September 17, 2025