Menifee City Council
October 1, 2025

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS

HOLLAND ROAD WIDENING (BRADLEY ROAD TO HAUN ROAD)
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Menifee, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study,” as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for the Holland Road Widening (Bradley Road to Haun Road) (the “Project”), a Qualifying Project. The work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 46

Menifee Mayor and City Council
October 1, 2025
Page
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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FOUR MILLION TWO HUNDRED SEVENTY-NINE THOUSAND DOLLARS ($4,279,000) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A.”

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 47

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October 1, 2025
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and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B,” attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 48

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October 1, 2025
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AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

10. AGENCY’s Local Match Contribution. The AGENCY shall provide at least ($2,721,000) TWO MILLION SEVEN HUNDRED TWENTY-ONE THOUSAND DOLLARS of funding toward the work, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.

11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates ARMANDO G. VILLA, CITY MANAGER, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30-day period to cure any alleged breach. During the 30-day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 49

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October 1, 2025
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(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 50

Menifee Mayor and City Council
October 1, 2025
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Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.

19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 51

Menifee Mayor and City Council
October 1, 2025
Page
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(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 52

Menifee Mayor and City Council
October 1, 2025
Page
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25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.

26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

27. Time of Essence. Time is of the essence for each and every provision of this Agreement.

28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY: The City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: Nicolas Fidler, Director of Public Works
Telephone: 951-723-3704
Mobile: 951-723-7594
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 53

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October 1, 2025
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Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.

34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

38. No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 54

Menifee Mayor and City Council
October 1, 2025
Page
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.

WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE

OF GOVERNMENTS
By: Date: By: Date:

Dr. Kurt Wilson Armando G. Villa, City Manager
Executive Director
Approved to Form: Approved to Form:

By: Date: By: Date:

Steven C. DeBaun Jeffrey T. Melching, City Attorney
General Counsel
Attest:

By: Date:

Stephanie Roseen, City Clerk
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 55

Menifee Mayor and City Council
October 1, 2025
Page
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Exhibit A

EXHIBIT “A”

SCOPE OF WORK
SCOPE OF WORK:

Holland Road is classified as a four-lane corridor in the City of Menifee’s General Plan. Holland Road is currently a two-lane facility from Bradley Road to Haun Road. With the completion of the Holland Road/I-215 Overcrossing, this roadway now experiences heavy traffic at peak time hours. The project will construct a four-lane road, modify existing traffic signals, construct storm drain improvements, install a new traffic signal, streetlighting, sidewalks, and dedicated bike lanes.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 56

Menifee Mayor and City Council
October 1, 2025
Page
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Exhibit A – 1

EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
ENGINEERING $595,000 $355,000 $950,000
RIGHT OF WAY $1,000,000 $0 $1,000,000
CONSTRUCTION $2,684,000 $2,366,000 $5,050,000
TOTAL $4,279,000 $2,721,000 $ 7,000,000
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 57

Menifee Mayor and City Council
October 1, 2025
Page
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Exhibit A – 2

EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 9/2/2026 $ 150,000
PS&E 10/28/2026 $ 800,000
RIGHT OF WAY 12/31/2026 $ 1,000,000
CONSTRUCTION 12/31/2027 $ 5,050,000
TOTAL $ 7,000,000
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 58

Menifee Mayor and City Council
October 1, 2025
Page
161 of 234

25-CN-MEN-1411
Exhibit B

Elements of Compensation
EXHIBIT “B”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2.”

3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5.” All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3.”

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.

6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 59

Menifee Mayor and City Council
October 1, 2025
Page
162 of 234

25-CN-MEN-1411
Exhibit B

“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 60

Menifee Mayor and City Council
October 1, 2025
Page
163 of 234

25-CN-MEN-1411
Exhibit B-1

EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).

1.ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs ____________________
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 61

Menifee Mayor and City Council
October 1, 2025
Page
164 of 234

25-CN-MEN-1411
Exhibit B-1

The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is $______________________.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 62

Menifee Mayor and City Council
October 1, 2025
Page
165 of 234

25-CN-MEN-1411
Exhibit B-1

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 63

Menifee Mayor and City Council
October 1, 2025
Page
166 of 234

25-CN-MEN-1411
Exhibit B-1

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 64

Menifee Mayor and City Council
October 1, 2025
Page
167 of 234

25-CN-MEN-1411
Exhibit B-2

EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:

Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 65

Menifee Mayor and City Council
October 1, 2025
Page
168 of 234

25-CN-MEN-1411
Exhibit B-3

EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 66

Menifee Mayor and City Council
October 1, 2025
Page
169 of 234

25-CN-MEN-1411
Exhibit B-4

EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
Item Title: 10.8
Agreements

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Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 67

Menifee Mayor and City Council
October 1, 2025
Page
170 of 234

25-CN-MEN-1411
Exhibit B-5

EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 68

Menifee Mayor and City Council
October 1, 2025
Page
171 of 234

RESOLUTION NO. 25-____

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

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – TRANSPORTATION UNIFORM MITIGATION FEE FUND 2310 EXPENDITURE ADJUSTMENT – TUMF FUND 2310

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2310-57-PWD-CIPS-900-00000-
904320-
4320-57-PWD-CIPS-900-00000-
802310-
$595,000.00
TOTAL: $595,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
TUMF for CIP 25-04 Holland Rd
Widening
2310-28-XNC-XNCL-
000-00000-433550- $595,000.00
TOTAL: $595,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
TUMF for CIP 25-04 Holland Rd
Widening
2310-57-PWD-CIPS-
900-00000-904320- $595,000.00
Total $595,000.00
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 69

Menifee Mayor and City Council
October 1, 2025
Page
172 of 234

Amending the Fiscal Year 2025/26 TUMF Fund Budget
TUMF for CIP 25-04 Holland Road Widening – Bradley Road to Haun Road 2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the TUMF Fund 2310 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – TUMF FUND 2310
PASSED, APPROVED AND ADOPTED this 1st day of October, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $1,500,000.00 $595,000.00 $2,095,000.00
Expenditures $0.00 $1,500,000.00 $595,000.00 $2,095,000.00 Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 70

Menifee Mayor and City Council
October 1, 2025
Page
173 of 234

RESOLUTION NO. 25-____

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

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – CAPITAL PROJECTS FUND 4320
EXPENDITURE ADJUSTMENT – CAPITAL PROJECTS FUND 4320

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2310-57-PWD-CIPS-900-00000-
904320-
4320-57-PWD-CIPS-900-00000-
802310-
$595,000.00
TOTAL: $595,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
TUMF for CIP 25-04 Holland Rd
Widening
4320-57-PWD-CIPS-
900-00000-802310- $595,000.00
TOTAL: $595,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
TUMF for CIP 25-04 Holland Rd
Widening
4320-55-PWD-CIPS-
900-02310-690050- $595,000.00
Total $595,000.00
Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 71

Menifee Mayor and City Council
October 1, 2025
Page
174 of 234

Amending the Fiscal Year 2025/26 Capital Projects Fund Budget TUMF for CIP 25-04 Holland Road Widening – Bradley Road to Haun Road 2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Capital Projects Fund 4320 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – CAPITAL PROJECTS FUND 4320
PASSED, APPROVED AND ADOPTED this 1st day of October, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $4,047,705.00 $1,500,000.00 $595,000.00 $6,142,705.00 Expenditures $4,963,851.00 $48,233,435.00 $595,000.00 $53,792,286.00 Item Title: 10.8
Agreements

with

Wood

Rodgers,

Inc.

and

the

Western

Regional

Council

of

Governments

for

the

Design

of

the

Holland

Road
Widening Project
Item Page Number: 72

Menifee Mayor and City Council
October 1, 2025
Page
175 of 234

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with IK Consulting, LLC for On-Call Accela Implementation and Maintenance Support Services
MEETING DATE: October 1, 2025
TO: Mayor and City Council
PREPARED BY: Ross Sublett, Management Analyst
REVIEWED BY: Michelle Sarkissian, Chief Information Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Professional Service Agreement with IK Consulting for on-call Accela implementation and maintenance support services in a total not-to-exceed amount of $75,000, through June 30, 2026; and

2. Authorize the City Manager to execute up to four one-year extensions, at the City’s discretion, in the not-to-exceed aggregate amount of $300,000; and

3. Authorize the Finance Department to issue individual Purchase Orders (PO) on an as-needed basis against the executed agreements, not-to-exceed the aggregate agreement amount approved for each year.

DISCUSSION
The City of Menifee utilizes the Accela software platform as a critical tool for managing essential community development functions, including permitting, planning, and review. The effective and uninterrupted operation of the Accela system is necessary in maintaining efficient City operations, ensuring regulatory compliance, and providing a high level of service to residents, developers, and the business community.

To ensure Accela’s ongoing stability, functionality, and optimization, the City requires access to specialized technical expertise. The Accela platform is a complex, enterprise-level system that demands a sophisticated skill set for tasks such as system administration, troubleshooting, module configuration, workflow updates, and the implementation of new features. While City staff manage the day-to-day operations of the system, specialized support is periodically necessary to address complex technical issues and strategic enhancements that fall outside the scope of routine internal responsibilities. A technical expert would also be necessary to complete one-time Item Title: 10.9
Bid Award and Agreement with IK Consulting, LLC for On-Call Accela Implementation and Maintenance Support Services Item Page Number: 1

Menifee Mayor and City Council
October 1, 2025
Page
176 of 234

City of Menifee Staff Report
On-Call PSA with IK Consulting for Accela
October 1, 2025

2 9
4 4
projects that have been planned already, such as linking the City’s financial system with Accela for seamless customer transactions and updating annual user fees for permitting.

On June 26, 2025, the City of Menifee issued a Request for Proposals (RFP) No. 2025-20 related to the Accela Implementation and Maintenance Support Services. The City received a total of nine proposal responses by the closing date July 28, 2025. A review committee comprised of City staff from multiple departments completed a comprehensive evaluation of the proposals received.

Proposals were reviewed and ranked based on the experience and qualification of the firms and their project approach, proposal quality, reference review, and cost proposal. The average scores for the proposal evaluation are shown in Table 1 below.

TABLE 1 - PROPOSAL EVALUATION SUMMARY
Firm Average Score (100 Points)
IK Consulting, LLC 86.17
Silver Lining Solutions, LLC 81.83
3SG Plus, LLC 80.50
Consultadd, Inc. 77.17
Visionary Integration Professionals, LLC 77.17
SEP Technology Consulting, LLC 76.17
Mobile Programming, LLC 73.17
GovPath 72.67
Accela, Inc. 72.17
Following a review of the proposals received, the top three firms were invited to participate in an interview. The average scores of the evaluation completed by the interview panel are summarized in Table 2 below.

TABLE 2 - INTERVIEW SUMMARY
Firm Average Score (100 Points)
IK Consulting, LLC 86.67
Silver Lining Solutions, LLC 82.83
3SG Plus, LLC 63.33
Staff is recommending IK Consulting, LLC (IKC) as the vendor for these on-call services based on the above scores. IKC was the City’s original partner for the implementation of the Accela platform. This history provides them with an unparalleled and deep institutional knowledge of the City of Menifee’s specific configuration, workflows, data structures, and integration points.

Contracts for professional services are awarded based on the demonstrated competence and professional qualifications of the contractor, along with the fairness and reasonableness of the cost. Cost alone is not the determining factor. This selection process ensures that the City partners with highly qualified vendors who possess the specialized skills necessary to meet the operational needs of the City, while also serving the best interests of the community. IKC has also provided a cost proposal that includes all projects and on-call services that comes in lower than what the City budgeted for these services.

Item Title: 10.9
Bid Award and Agreement with IK Consulting, LLC for On-Call Accela Implementation and Maintenance Support Services Item Page Number: 2

Menifee Mayor and City Council
October 1, 2025
Page
177 of 234

City of Menifee Staff Report
On-Call PSA with IK Consulting for Accela
October 1, 2025

2 9
4 4
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
Regular City Business

FISCAL IMPACT
The fiscal impact of the proposed agreement and options renewals with IK Consulting Inc. is a not-to-exceed amount of $375,000. Funding for the first year of the proposed agreement with IK Consulting Inc. is available within the Fiscal Year 2025/26 budget, under Professional Services within the IT Fund (1110-ITD-OPER-652800). Funding for the future fiscal years would be budgeted as part of the respective year’s budget and are displayed in Table 3 below. No additional budget appropriation(s) would be required for this action.

TABLE 3 - CONTRACT BUDGET BREAKDOWN
Fiscal Year Proposed Budget Account
FY 2025/2026 $75,000 1110-ITD-OPER-652800
FY 2026/2027 $75,000 1110-ITD-OPER-652800
FY 2027/2028 $75,000 1110-ITD-OPER-652800
FY 2028/2029 $75,000 1110-ITD-OPER-652800
FY 2029/2030 $75,000 1110-ITD-OPER-652800
TOTAL $375,000

ATTACHMENTS

1. Agreement
Item Title: 10.9
Bid Award and Agreement with IK Consulting, LLC for On-Call Accela Implementation and Maintenance Support Services Item Page Number: 3

Menifee Mayor and City Council
October 1, 2025
Page
178 of 234

2905/031858-0001
19338889.2 a02/20/25

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

ACCELA IMPLEMENTATION AND MAINTENANCE SUPPORT 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 IK CONSULTING, LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on July 1, 2025 and shall end on June 30, 2026 (“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, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), Upon termination of the Third Renewal Term, if it occurs, 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 8.

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.

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.

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

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

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 Three Hundred Seventy Five Thousand Dollars and Zero Cents ($375,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. In no event shall the compensation paid during the term of this Agreement exceed the following amounts:
a. Initial Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) b. First Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) c. Second Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) d. Third Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) e. Fourth Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00)

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

Invoices shall be submitted to:

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.

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

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

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

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

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

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.

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

Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 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.

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4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(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:

ACCELA IMPLEMENTATION AND MAINTENANCE SUPPORT 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.

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c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the Item Title: 10.9
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extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties 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.

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

SECTION 6. INDEPENDENT CONTRACTOR.

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

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws where they apply to the Services, 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 Item Title: 10.9
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implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. 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 Item Title: 10.9
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Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. 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 Item Title: 10.9
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responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 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 Item Title: 10.9
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Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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

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

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 Item Title: 10.9
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is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

9.4 Inspection and Audit of Records. Any records or documents that 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.

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10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 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 Missy Kern (“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, Ross Sublett, 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 Notices. Any written notice to Consultant shall be sent to:

IK CONSULTING, LLC
Attn: Missy Kern
PO Box 17661
Tucson, AZ 85731
Any written notice to City shall be sent to the Contract Administrator at:

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

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

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

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

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

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which Item Title: 10.9
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may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Melissa Kern, Managing Partner

Constance Ingram, Managing Partner

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

EXHIBIT A

SCOPE OF SERVICES
Services shall include ACCELA IMPLEMENTATION AND MAINTENANCE SUPPORT SERVICES in the amount not to exceed Three Hundred Seventy Five Thousand Dollars and Zero Cents ($375,000.00) as further detailed in the following page(s). In no event shall the compensation paid during the term of this Agreement exceed the following amounts:

Initial Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) First Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) Second Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) Third Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) Fourth Renewal Term: Seventy Five Thousand Dollars and Zero Cents ($75,000.00) Item Title: 10.9
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EXHIBIT A.

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CITY OF MENIFEE
SUBJECT: Menifee Hills - Salt Creek Trail Connection Study Capital Improvement Program Project
MEETING DATE: October 1, 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. Amend the adopted Fiscal Year (FY) 2025/26 Capital Improvement Program (CIP) to include the Menifee Hills – Salt Creek Trail Connection Study (STY26-11); and

2. Adopt a budget amendment resolution for the Trust Fund approving an increase in revenue and appropriation of expenditures in the amount of $125,000 (Transfer Out); and

3. Adopt a budget amendment resolution to the Capital Projects Fund approving an increase in revenue (Transfer In) and appropriation of expenditures in the amount of $125,000 to account assigned by the Finance Department.

DISCUSSION
In May 2025, City Council approved the acquisition of 19 land parcels totaling approximately 398 acres of open space on the east side of the City generally located west of Menifee Road, north of Aldergate Drive, east of Antelope Road, and south of McCall Boulevard. This area, referred to as Menifee Hills, is visible for miles and offers panoramic views of the valley presenting opportunities for ecotourism. It is visited frequently by hikers and outdoor enthusiasts and is home to a myriad of wildlife and native plant species. Menifee Hills, as a public asset, supports the City’s adopted Strategic Plan goals related to placemaking, social infrastructure, and equitable access to recreational opportunities. It directly supports the 2023 Parks Master Plan, which identifies open space preservation and land acquisition as essential strategies to meet long-term park and recreation needs. Lastly, Menifee Hills is adjacent to the regional Salt Creek Trail which is a popular multi-use trail that connects across four cities within Riverside County.

Following the acquisition of Menifee Hills, staff are committed to evaluating opportunities for site improvements that would enhance outdoor recreational activities and increase public access and Item Title: 10.10
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City of Menifee Staff Report
Menifee Hills - Salt Creek Connection
October 1, 2025

2 9
4 9
connectivity. In July 2025, the City submitted a grant application for funding to support acquisition of maintenance easements along the Salt Creek Trail to support connectivity to the vista point of Menifee Hills. In conjunction with pursuing grant funding, staff would work with Dokken Engineering (Dokken), to evaluate access points and potential for establishing additional right-of- way and/or easements to connect the Menifee Hills area to the Salt Creek Trail. Dokken would also look at opportunities for public access from Antelope Road and/or from McCall Boulevard by utilizing City owned property and access options for a public parking lot. Dokken is currently approved as an on-call service provider for Right-of-Way (ROW) acquisition services established under Master Agreement 2024-0108 approved by City Council in July 2023. Staff requests an appropriation in the not-to-exceed amount of $125,000 for ROW support services. Of this amount, $30,000 would be allocated for the feasibility study to be completed by Dokken Engineering. The remaining amount is to be reserved for additional services including engineering study, survey, appraisal, and acquisition support. These additional services would be initiated based upon viable access options for public egress and parking identified in the feasibility study. Staff would bring final recommendations back to Council for consideration and further direction.

Because the Menifee Hills – Salt Creek Trail Connection Study (Study) was not included in the adopted FY 2025/2026 CIP, staff recommends amending the CIP to include this study, which would be a precursor to a future CIP project should the results from the Study indicate feasible next steps. By incorporating the Study into the CIP, staff are more equipped to track efforts to develop the Menifee Hills area. The Study and associated budget would be incorporated into the revised FY 2025/2026 CIP budget. Funds for the feasibility study are available due to a one-time revenue from the Commerce Pointe Development Agreement.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
Funding for the study is available within the Trust Fund which holds a current balance of $985,460 received from the Commerce Pointe Development Agreement. Accordingly, $125,000 from the full amount held in trust will be recognized as revenue in the Trust Fund (8350-438851). The funding would then be transferred out of the Trust Fund (8350-PWD-CIPC-904320) and transferred into the Capital Projects Fund (4320-808350). The corresponding expenditures would be appropriated within the Capital Projects Fund to professional services for the study (4320- PWD-CIPC-652800), as summarized in Table 1 below.

TABLE 1 – PROJECT BUDGET SET-UP
Fund Account Description Account # Revenue
Budget
Expenditure
Budget
Trust Fund Revenue – Commerce DA 438851 $125,000
Trust Fund Transfer Out 904320 $125,000
Capital Projects Transfer In 808350 $125,000
Capital Projects Expenditure - Professional
Services
652800 $125,000
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4 9
Any additional resources or project modifications identified through this process would be brought forward for City Council consideration as appropriate.

ATTACHMENTS

1. Project Site Map

2. Budget Amendment Resolution – Fund 8350

3. Budget Amendment Resolution – Fund 4320
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RESOLUTION NO. 25-____

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

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – TRUST FUND 8350
EXPENDITURE ADJUSTMENT – TRUST FUND 8350

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
8350-00-XNC-XNCL-000-0000-
239800-
8350-00-XNC-XNCL-000-00000-
438851-
$125,000.00
TOTAL: $125,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
Appropriate Commerce Pointe DA funds
for STY 26-11 Menifee Hills Study
8350-00-XNC-XNCL-
000-00000-438851- $125,000.00
TOTAL: $125,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
Appropriate Commerce Pointe DA funds
for STY 26-11 Menifee Hills Study
8350-57-MPD-PDAM-
000-0000-904320- $125,000.00
Total $125,000.00
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Amending the Fiscal Year 2025/26 Trust Fund Budget
STY 26-11 Menifee Hills - Salt Creek Connection Study
2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Trust Fund 8350 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – TRUST FUND 8350
PASSED, APPROVED AND ADOPTED this 1st day of October, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $20,000.00 $125,000.00 $145,000.00
Expenditures $0.00 $20,000.00 $125,000.00 $145,000.00
Item Title: 10.10
Menifee Hills - Salt Creek Trail Connection Study Capital Improvement Program Project Item Page Number: 6

Menifee Mayor and City Council
October 1, 2025
Page
209 of 234

RESOLUTION NO. 25-____

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

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – CAPITAL PROJECTS FUND 4320
EXPENDITURE ADJUSTMENT – CAPITAL PROJECTS FUND 4320

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
8350-57-PWD-CIPC-000-0000-
904320-
4320-57-XNC-XNCL-000-00000-
808350-
$125,000.00
TOTAL: $125,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
Appropriate Commerce Pointe DA funds
for STY 26-11 Menifee Hills Study
4320-57-XNC-XNCL-
000-00000-808350- $125,000.00
TOTAL: $125,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
October 1,
2025
Appropriate Commerce Pointe DA funds
for STY 26-11 Menifee Hills Study
4320-54-PWD-CIPC-
000-04320-652800- $125,000.00
TOTAL: $125,000.00
Item Title: 10.10
Menifee Hills - Salt Creek Trail Connection Study Capital Improvement Program Project Item Page Number: 7

Menifee Mayor and City Council
October 1, 2025
Page
210 of 234

Amending the Fiscal Year 2025/26 Capital Projects Fund Budget STY 26-11 Menifee Hills - Salt Creek Connection Study
2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Capital Projects Fund 4320 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – CAPITAL PROJECTS FUND 4320
PASSED, APPROVED AND ADOPTED this 1st day of October, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $4,047,705.00 $1,500,000.00 $125,000.00 $5,672,705.00 Expenditures $4,963,851.00 $48,233,435.00 $125,000.00 $53,322,286.00 Item Title: 10.10
Menifee Hills - Salt Creek Trail Connection Study Capital Improvement Program Project Item Page Number: 8

Menifee Mayor and City Council
October 1, 2025
Page
211 of 234

CITY OF MENIFEE
SUBJECT: Valley-Wide Recreation and Park District Landscape Maintenance District Discussion
MEETING DATE: October 1, 2025
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Director REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss options related to the maintenance and recreation services provided in the Valley-Wide Recreation and Park District Landscape Maintenance Districts located within the City of Menifee.

DISCUSSION
Valley-Wide Recreation and Park District (Valley-Wide) is a regional park system that owns and/or maintains streetscapes, retention basins, recreational facilities, and over 80 parks in the eastern portion of Menifee, Hemet, San Jacinto, Beaumont, and unincorporated areas of Riverside County including Winchester and French Valley. Both the City and Valley-Wide are public agencies who receive special tax district revenues from residents’ property tax assessments to maintain and operate their facilities. There are three Landscape Maintenance Districts (LMDs) located in the City of Menifee on the east side of Interstate 215 that fall within the Valley-Wide service area including 24 parks. All three of these LMDs were established prior to the City’s incorporation in 2008.

The LMDs include Menifee Parks, Menifee North, and Menifee South:
Menifee Parks LMD lies entirely within City boundaries and includes Wheatfield Park and Community Center, the Menifee Gymnasium (operated under a joint-use agreement with the Menifee Union School District), and Lago Vista Sports Park. Menifee North LMD includes two County-owned facilities operated and maintained by Valley-Wide including the Marion V. Ashley Community Center and Eller Park.

Approximately 20% of this district lies outside the City’s limits. Menifee South LMD is the smallest of the three districts, contains no sports parks or facilities, and has about 6% of its area outside City limits.

Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 1

Menifee Mayor and City Council
October 1, 2025
Page
212 of 234

City of Menifee Staff Report
VWRPD Landscape Maintenance District Discussion
October 1, 2025

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With continued growth and development occurring throughout the City, parks and recreation services must be continually assessed to ensure the service needs of our community are met.

As such, consideration of the unification of Menifee parks and recreation services was identified as a priority in both the City’s Strategic Plan and Parks Master Plan. For this reason, on August 21, 2024, the City Council approved a professional services agreement with Spicer Consulting Group, LLC (SCG) to conduct a special district annexation fiscal impact analysis to evaluate the feasibility of the City providing maintenance and recreation services in the Valley-Wide LMDs located within the City of Menifee. SCG, alongside City staff, conducted a thorough analysis of service costs and potential revenue offsets based on available financial data and comparison to the City’s current level of service at City-maintained parks and facilities.

On September 22, 2025, the City Council and Parks, Recreation, and Trails Commission (PRTC) held a joint workshop to review and discuss the results of the fiscal impact analysis. The study analyzed projected costs and revenues if the City were to assume responsibility for the three LMDs including:
An overview of Valley-Wide operations, boundaries, and budget; Financial and staffing estimates based upon City service levels; and Detachment/annexation process requirements, including a Riverside County, Local Agency Formation Commission (LAFCO) application, collaboration with Valley-Wide, and potential Proposition 218 proceedings which require property owner approval for a change in a special district property tax assessment. These requirements are anticipated based upon LAFCO’s findings in the City’s prior detachment/annexation application.

While LAFCO conditionally approved the City’s prior application in August 2017, the City was unable to meet all the detachment conditions within the established 12-month implementation period. These conditions included:
A requirement for the City to pay $500,000 to Valley-Wide to address the financial impact of the detachment; and
Initiation/approval of a Proposition 218 property tax assessment vote; establishment of a joint powers agreement to jointly administer the existing LMDs and levy assessments; or use of the City’s General Fund revenue to support the LMD operations and maintenance costs.

It is anticipated that similar stipulations would be required should the City move forward with a new detachment/annexation application for one or more of the LMD’s owned and/or maintained by Valley-Wide.

While it is anticipated that LAFCO would approve the City’s detachment/annexation application, approval is not guaranteed, as there are numerous factors that LAFCO will need to consider as part of the application review process. Given that both the Menifee North and Menifee South LMDs contain zones that fall outside Menifee’s city limits, it is expected that LAFCO would condition any detachment/annexation on the successful completion of Proposition 218 property tax assessment change proceedings for each zone contained within the two districts. Menifee North contains 10 separate zones and Menifee South contains 15 zones including zone 6 which encompasses parcels within and outside of Menifee’s city limits. Each zone would be considered Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 2

Menifee Mayor and City Council
October 1, 2025
Page
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City of Menifee Staff Report
VWRPD Landscape Maintenance District Discussion
October 1, 2025

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separately for the purposes conducting the Proposition 218 election proceedings. A successful detachment/annexation process would require approval from property owners in every zone. If only a portion of the zones within each district were to approve the detachment/annexation it would not be feasible to move forward as it would be cost prohibitive to provide maintenance and recreation services to only a portion of the zones within each district.

It is also important to note that Proposition 218 proceedings require a study to determine general versus parcel specific use benefits. The findings from this study could reduce recoverable costs under the existing property tax assessments and increase the City’s General Fund obligations.

Additionally, while the City and Valley-Wide would have the ability to provide community outreach to inform property owners about the voting process neither agency could advocate for or against the detachment/annexation.

It is anticipated that it would take approximately 24 months to complete the LAFCO detachment/annexation application process along with the Proposition 218 property tax assessment elections. The cost of completing these procedural steps are estimated at $200,000 in addition to the allocation of staff time and legal expenses. These costs would be incurred regardless of whether the detachment/annexation is approved.

The study presented on September 22 found that full annexation would require an annual General Fund contribution of close to $1.5 million over and above the existing property tax assessments, with additional one-time costs. It was also acknowledged that the annual General Fund obligation associated with maintaining the three LMDs would continue to grow over time. The members of the City Council, and PRTC discussed the benefits of local control and consistent service levels alongside concerns about fiscal impacts, service equity, and the challenges associated with the annexation process.

Based on the fiscal analysis and discussion at the September 22, 2025, joint workshop, staff has identified three potential options for Council’s consideration.

1. Partnership Approach
Under this option, City staff would continue to work to strengthen our partnership with Valley-Wide Recreation and Park District. This could include regular coordination meetings, joint planning efforts, or agreements aimed at improving service consistency, clarifying responsibilities, and/or addressing concerns related to fee structures. This option would allow services to continue under the existing LMDs owned and maintained by Valley-Wide.

2. Phased Approach
Under this option the City would work in collaboration with Valley-Wide on a phased approach beginning with the detachment/annexation of the Menifee Parks District, which lies entirely within Menifee’s city limits and includes approximately 65 acres of parkland across 12 parks. Because the district does not extend outside of city boundaries, it is anticipated that the detachment/annexation process would not require Proposition 218 proceedings, though it would still require coordination/collaboration with Valley-Wide and LAFCO approval. Annexation of this single district would bring additional consistency to park operations in central Menifee, while allowing the City to Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 3

Menifee Mayor and City Council
October 1, 2025
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City of Menifee Staff Report
VWRPD Landscape Maintenance District Discussion
October 1, 2025

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defer consideration of the detachment/annexation of the Menifee North and Menifee South LMDs. It is anticipated that completion of the LAFCO detachment/annexation application process for the Menifee Parks LMD would cost approximately $40,000 in addition to staff time and legal costs. The estimated annual General Fund obligation associated with annexation of the Menifee Parks LMD is a little over $647,000 in addition to the existing property tax assessments. Given that only 2.5 percent of the zones contained within this district include an annual tax assessment escalator, the General Fund obligation associated with maintaining this LMD would continue to grow over time. Additional ongoing capital investments would also be required to address the repair and replacement of facilities and park amenities located within the district.

3. Detachment/Annexation of all Valley-Wide LMDs in Menifee The final option would involve moving forward with the detachment/annexation of all three LMDs: Menifee Parks, Menifee North, and Menifee South. This would require a LAFCO detachment/annexation application as well as Proposition 218 elections for the North and South LMDs, with associated one-time election costs estimated between $40,000 and $100,000 per district in addition to staff time and legal costs.

This option would also require an estimated ongoing General Fund obligation of close to $1.5 million annually in addition to the existing property tax assessments. Additional ongoing capital investments would be required to address the repair and replacement of facilities and park amenities located within each district. If successful, this option would provide uniformity and full local control of all parks within the City, but it also carries the greatest fiscal and procedural challenges.

Staff is requesting policy direction from the City Council on which path to pursue at this time to guide next steps. The options outlined above represent distinct approaches with varying fiscal, operational, and procedural implications. Based upon the direction provided by the City Council, staff would either initiate discussions with Valley-Wide to strengthen existing partnership efforts, begin preparing materials for a partial annexation of the Menifee Parks LMD, or move forward with the application process for full detachment/annexation of all three LMDs.

Should the City Council choose to move forward with options two or three outlined above, staff would initiate discussions with LAFCO and Valley-Wide and prepare a resolution approving the submittal of the LAFCO detachment/annexation application to be adopted by the City Council at a future meeting.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The full fiscal impacts of the three options presented for consideration vary significantly and would require additional analysis. Table 1 below contains a summary of the estimated fiscal impacts associated with each option. It is important to note that these estimates only address the one- time costs associated with the detachment/annexation process and ongoing maintenance costs that exceed the existing property tax assessments and do not account for the capital costs that Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 4

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October 1, 2025
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City of Menifee Staff Report
VWRPD Landscape Maintenance District Discussion
October 1, 2025

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would be required to address the ongoing repair and replacement of facilities and park amenities located within each district.

TABLE 1 – FISCAL IMPACT SUMMARY
Should the City Council choose to move forward with option two or three as outlined above, funding from other areas within the adopted budget would need to be reallocated to support this effort. Staff would return at a future City Council meeting with any required budget amendments.

ATTACHMENTS

1. September 22, 2025, Joint City Council/PRTC Workshop Presentation

2. LAFCO Procedural Diagram
Option
Estimated
Annual
GF Impact
One-Time Costs Other Considerations
Partnership
Approach
Minimal –
Primarily Staff
time for
Coordination
None
Coordination and agreements
only; no annexation or
Proposition 218 vote
required.

Partial
Annexation
(Menifee
Parks)
$647,000+
Annually
LAFCO Application
$40,000+staff time
and legal expenses
No Proposition 218 vote
required. No
growth/escalators in
assessments, General Fund
burden will increase as costs
rise. Capital needs unknown.

Full
Annexation
(All Three
Districts)
$1.5+ Million
Annually
LAFCO
Application/Proposition
218 Proceedings
$200,000+staff time
and legal expenses
Provides full uniformity but
carries highest fiscal and
procedural challenges.

Capital needs unknown.

Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 5

Menifee Mayor and City Council
October 1, 2025
Page
216 of 234

Valley
-
Wide
Fiscal Impact Analysis
:

Special District Annexation
Landscape Maintenance
September 22, 2025
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 6

Menifee Mayor and City Council
October 1, 2025
Page
217 of 234

Presentation Overview
Valley-Wide Organizational Overview
• Menifee Parks
• Parks North
• Parks South
Menifee portion of Valley-Wide Maintenance Districts
• Structure of current assessments
• City maintenance standard comparison
Financial Analysis To Incorporate Into City Park System • Annexation LAFCO Process
• Proposition 218 Vote Process
Annexation Process
Discussion/Direction
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 7

Menifee Mayor and City Council
October 1, 2025
Page
218 of 234

Valley-Wide Recreation & Parks District
Public Agency - Est. 1972
• 100+ Parks (733 acres of parkland)
• 70 miles of landscaped streetscapes
• 10 Community Centers
• 1 Aquatic Facility
• 1 Golf Course
275,064 Population Served
Revenue/Expenses: $29,512,629
• Property taxes & assessments
• Ad Valorem
• CFD/LMD
• Program fees
Revenue Sources
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 8

Menifee Mayor and City Council
October 1, 2025
Page
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Valley-Wide Recreation & Parks District
• Diamond Valley
• Homeland
• French Valley
• Romoland
• Sage
• Valle Vista
• Winchester
Unincorporated Communities:
• Hemet
• San Jacinto
• Menifee – 3 Areas w/ Districts
• Menifee Parks (blue)
• Menifee North (green)
• Menifee South (pink)
Cities
Valley-wide Maintained Areas in Menifee (3 Areas)
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 9

Menifee Mayor and City Council
October 1, 2025
Page
220 of 234

Parks Within City Boundaries
City Parks VW Parks
Parks 22 24
Parkland Acres 114 148
ROW SF (Millions) 6 5.5
Community Centers 2 3
FT Maintenance Staff
(includes 1 Fac staff) 10* 13**
*current staffing level
**projected staffing level
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 10

Menifee Mayor and City Council
October 1, 2025
Page
221 of 234

Budget
Estimates
• Valley-wide estimates are based on available data
• City estimates are based on current levels of service including utilities, service contracts, and maintenance personnel costs
• City maintenance personnel inspects, repairs, and conducts replacements • Supervision and Park Ranger patrol costs are added into assumptions • 1 maintenance vehicle is required for each FT maintenance staff City Parks System
Other Considerations
• North and South Districts contain portions outside city limits and may require Prop 218 votes to annex
• Recreation programs, maintenance vehicles, and sport field light costs are supported by City General Fund
• Reserves may be available to conduct capital improvements on VW assets Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 11

Menifee Mayor and City Council
October 1, 2025
Page
222 of 234

Menifee Parks Districts

1. Aldergate Park

2. Brindle Mills Park

3. Desert Green Park

4. El Dorado Park

5. Grand Vista Park

6. La Paloma Park

7. Lago Vista Park*

8. Mahogany Creek Park

9. Mahogany Creek Pocket Park

10. Menifee South Tot Lot

11. Pepita Square Park

12. Wheatfield Park
12 Parks (65 Acres)
• 1,212,200 SF (28 Acres)
• *includes Lago Vista open space
Landscape Areas

12. Wheatfield Community Center

12. Menifee Gym - 50% JUA
(Evenings/Weekends Only)
2 Facilities (20,000 SF)
- 2% annual escalator ($57,753 – 2.5%)
- Direct costs – zone specific maintenance
- Indirect costs – administrative and reserves
- 7,200 Parcels in this district
District Revenue $2,298,996
Valley-wide Total Budget $2,298,996
Parks/Trails/Facilities $1,425,112
Direct maintenance $412,553
Indirect $461,331
City Maintenance Estimate $2,231,717
Parks/Trails/Facilities $1,201,990
Direct maintenance $571,717
Indirect $458,010
Est. General Fund Impact $714,513
Sport Park Utility Cost $222,110
Sport Park Maintenance $60,576
Facilities $107,350
Maintenance Vehicles $48,000
Rec Programs Budget $487,237
Revenue Offset - Recreation ($210,760)
Variance (+/-) ($647,234)
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 12

Menifee Mayor and City Council
October 1, 2025
Page
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Menifee North Districts

1. Discovery Park

2. Eller Park (Outside District)

3. Heritage Lake Sports Park

4. Heritage Park

5. Marion Ashley Park (County)

6. McCall Canyon Park

7. Sunrise Park
7 Parks (69 Acres)
•3,551,381 SF (81.5 Acres)
•Nearly half is Open Space
Landscape Areas
•Marion V. Ashley (County)
1 Facility (25,000 SF)
- 2% annual escalator on all Zones
- Direct costs – zone specific maintenance
- Indirect costs – administrative and reserves
- 4,140 Parcels in this district
District Revenue $2,808,703
Valley-wide Total Budget $2,808,703
Parks/Trails/Facilities $706,183
Direct maintenance $1,540,780
Indirect $561,741
City Maintenance Estimate $3,058,069
Parks/Trails/Facilities $1,293,725
Direct maintenance $1,202,603
Indirect $561,741
Est. General Fund Impact $683,102
Sport Park Utility Cost $133,273
Sport Park Maintenance $36,347
Facilities $150,376
Maintenance Vehicles $72,000
Rec Programs Budget $597,643
Revenue Offset - Recreation ($306,537)
Variance (+/-) ($932,468)
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 13

Menifee Mayor and City Council
October 1, 2025
Page
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Zone Parcels Levy
Zone 1A 593 $126,469
Zone 1 226 $138,321
Zone 2 212 $127,828
Zone 3* 74 $40,972
Zone 4 162 $134,810
Zone 5 2,689 $2,226,465
Zone 6* 407 $329,755
Zone 8 257 $54,810
Zone 9* 31 $16,308
Total 4,651 $3,195,738
Menifee North
Park LMD
*Zones outside of city boundary.
# of Parcels – 4,140
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 14

Menifee Mayor and City Council
October 1, 2025
Page
225 of 234

Menifee South Districts

1. Autumn Breeze Park

2. Hidden Meadows Park

3. Mira Park

4. Mosaic Park

5. Rolling Hills Park
5 Parks (14 Acres)
• 793,883 SF
• Includes portion outside
city limit at Briggs/Scott Rd
Landscape Areas
No Facilities
- 2% annual escalator on all Zones
- Direct costs – zone specific maintenance
- Indirect costs – administrative and reserves
- 2,100 Parcels in this district
District Revenue $1,112,877
Valley-wide Total Budget $1,112,877
Parks/Trails/Facilities $218,933
Direct maintenance $671,368
Indirect $222,575
City Maintenance Estimate $996,390
Parks/Trails/Facilities $236,465
Direct maintenance $537,350
Indirect $222,575
Est. General Fund Impact $6,965
Sport Park Utility Cost $0
Sport Park Maintenance $0
Maintenance Vehicles $12,000
Rec Programs Budget $600
Revenue Offset - Recreation ($5,635)
Variance (+/-) $109,522
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 15

Menifee Mayor and City Council
October 1, 2025
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Zone Parcels Levy
Zone 1 107 $51,171
Zone 2 169 $71,629
Zone 3* 406 $256,105
Zone 4 144 $55,706
Zone 5 292 $184,994
Zone 6** 266 $153,628
Zone 7 59 $27,970
Zone 8 190 $70,881
Zone 9* 146 $54,458
Zone 10 99 $72,014
Zone 11 178 $181,419
Zone 12 114 $42,843
Zone 13* 68 $32,900
Zone 14 258 $135,112
Zone 16 230 $65,509
Total 2,726 $1,456,340
Menifee South
Park LMD
*Zones outside of city boundary.
**Zone 6 split inside/outside city boundary.
# of Parcels – 2,100
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 16

Menifee Mayor and City Council
October 1, 2025
Page
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Totals and
Considerations
Menifee Parks Menifee North Menifee South Total Impact
# of Homes/Parcels 7,200 4,140 2,100 13,440
District Revenue $2,298,996 $2,808,703 $1,112,877 $6,220,576 Valley-wide Total Budget $2,298,996 $2,808,703 $1,112,877 $6,220,576 Parks/Trails/Facilities $1,425,112 $706,183 $218,933 $2,350,228 Direct Maintenance $412,553 $1,540,780 $671,368 $2,624,700 Indirect $461,331 $561,741 $222,575 $1,245,647
City Maintenance Estimate $2,231,717 $3,058,069 $996,390 $6,286,176 Parks/Trails/Facilities $1,201,990 $1,293,725 $236,465 $2,732,181 Direct Maintenance $571,717 $1,202,603 $537,350 $2,311,670 Indirect $458,010 $561,741 $222,575 $1,242,326
Est. General Fund Impact $714,513 $683,102 $6,965 $1,404,580 Sport Park Utility Cost $222,110 $133,273 $0 $355,383
Sport Park Maintenance $60,576 $36,347 $0 $96,923
Facilities $107,350 $150,376 $0 $257,726
Maintenance Vehicles $48,000 $72,000 $12,000 $132,000
Rec Programs Budget $487,237 $597,643 $600 $1,085,480
Revenue Offset - Rec Programs ($210,760) ($306,537) ($5,635) ($522,932) Base Surplus/Deficit ($647,234) ($932,468) $109,522 ($1,470,180) Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 17

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October 1, 2025
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Annexation Procedure / LAFCO Process
• Removal of territory from an existing local agency’s jurisdiction (e.g., a park or water district)
• Governed by the Cortese-Knox-Hertzberg Act (CKH Act)
• Reviewed and approved by the Local Agency Formation Commission (LAFCO) • It is expected that LAFCO will require Prop. 218 vote for North and South District What is
Annexation?
Initiation of
Proposal
(30 days)
Application
Filing with
LAFCO
(120 days)
LAFCO
Review &
Hearing
(120 days)
Protest
Proceedings
(60 days)
Prop. 218
Vote if Req.
(8 months)
Final
Certification
(60 days)
Total Timeline: 18-24 Month Process
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 18

Menifee Mayor and City Council
October 1, 2025
Page
229 of 234

Proposition 218 Vote Process
Right to Vote on Taxes Act (1996)
• LAFCO required a Prop. 218 vote with previous annexation request for districts with maintenance zones outside of city limits
• Each District is comprised of multiple zones, each zone requires a separate Prop 218 vote • Per zone maps there are 25 total zones (North 10; South 15) –Total 6,240 Homes • Additional guidance from LAFCO would be requested if vote is unsuccessful in 1 or more zones • Potential fiscal impact resulting from general benefit nexus • The City may conduct community outreach to inform public about the voting process however support for (or against) annexation cannot be promoted
• Cost to administer vote estimated to be $40,000 -$100,000 each district.

Additional Considerations/Risks
Formal
Consent
Received
from Valley-
wide
Engineer’s
Report
(120 days)
Determine
Special vs
General
Benefit
Public
Notification
& Ballot
(90 days)
Public
Hearing
and Ballot
Tabulation
(30 days)
Levy of
Assessment
Due August
of Each FY
Process Timeline: 8-12 Months
Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 19

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October 1, 2025
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Annexation Overview
Operational & Service Considerations
• Local Control: Brings all park operations under City oversight, increasing responsiveness and accountability • Service Consistency: Standardizes maintenance, signage, rules, and hours across all Menifee parks • Resident Access: Enables City programming and events at parks in annexed communities • No Change to Existing Assessments: Residents would continue to pay their current park taxes Financial & Procedural Considerations
• Communication & Outreach: Requires messaging to approx. 6,240 homeowners in North and South zones on Prop 218 vote process, with 13,440 parcels affected across all three districts • Financial Risk:
• One-time annexation costs: $40,000 - $200,000 depending on Prop. 218 process • Annual General Fund impact if successful: Estimated at $1,500,000+ • Prop. 218 requires a study to determine how much benefit is general vs. parcel-specific, findings could reduce recoverable costs and increase City funding obligations • Procedural Risk:
• Potential for Prop. 218 vote failures, which could lead to service disruptions and legal complexity Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 20

Menifee Mayor and City Council
October 1, 2025
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Questions?
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Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 21

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Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 22

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Item Title: 12.1
Valley-Wide Recreation and Park District Landscape Maintenance District Discussion Item Page Number: 23

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October 1, 2025
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