Menifee City Council
April 15, 2026

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• A reciprocal 30 percent reduction in established facility rental rates for both agencies • Access to additional City and MUSD facilities, subject to availability, at the reduced rate • Termination by either party with 90 days written notice The Agreement is structured to provide reciprocal benefits to both agencies through shared access to facilities and consistent rate reductions. Facility use would be coordinated between both organizations to support efficient scheduling and minimize potential conflicts.

Formalizing this agreement is anticipated to improve coordination, reduce administrative barriers, and expand access to facilities for community use. The availability of indoor space at Evans Ranch Elementary School provides a consistent location for City indoor sports programming, while use of the school parking lot helps alleviate neighborhood parking impacts currently experienced at Quartz Ranch Park. The inclusion of a 90-day termination provision also provides flexibility should operational needs change.

The Agreement was approved by the MUSD Board of Education at its March 10, 2026 meeting and is now presented for City Council consideration.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The fiscal impact of the recommended action includes a 30 percent reduction in user fee revenue for City facilities when utilized by Menifee Union School District (MUSD), in accordance with the terms of the Agreement.

Community Services currently expends approximately $17,000 annually on facility rentals to support sports programming. The proposed Agreement will reduce these costs through access to MUSD facilities, including parking lots and gymnasiums with anticipated savings generally offsetting the associated revenue reduction.

ATTACHMENTS

1. Joint Facility Use Agreement
Item Title: 10.9
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JOINT FACILITY USE AGREEMENT
This JOINT FACILITY USE AGREEMENT (“Agreement”) is made and effective on [___________] (“Effective Date”) by and between the CITY OF MENIFEE , a California municipal corporation, (“City”) and the MENIFEE UNION SCHOOL DISTRICT, a California Education Code public entity (“District”). City and District may be referred to herein, individually, as a “Party” and collectively as the “Parties.”
Section 1. Purpose of Agreement, Party Representatives.

A. Purpose. City and District each individually own and operate specific properties and facilities pursuant to their respective functions and operations. The purpose of this Agreement is to authorize the joint use by the Parties of specific properties and facilities identified herein, subject to the terms and conditions of this Agreement.

B. City Representative. Mariana Mitchell, Community Services Director, shall serve as the City’s representative for all coordination matters pursuant to this Agreement.

Except as expressly identified otherwise, all correspondence to the City hereunder shall be directed to said representative. City may change its representative by written notice to the District at any time.

C. District Representative. Marc Bommarito, Assistant Superintendent, Business Services, shall serve as the District’s representative for all coordination matters pursuant to this Agreement. Except as expressly identified otherwise, all correspondence to District hereunder shall be directed to said representative. The District may change its representative by written notice to the City at any time.

Section 2. Term and Termination
A. Term. The term of this Agreement shall begin on the Effective Date and shall end on 6/30/2030 unless the term of this Agreement is otherwise terminated or extended as provided in this Agreement.

B. Termination. Either Party may terminate this Agreement upon ninety (90) days’ written notice to the other Party.

Section 3. Joint Use of Facilities.

A. City Use of District Facilities . Subject to the terms and conditions of this Agreement, District hereby authorizes City to use the District facilities set forth on Exhibit A (the “District Facilities”) attached hereto and incorporated herein by this reference at the times and for the purposes set forth on Exhibit A (the “District Facilities Approved Uses”). The applicable fee payable by the City to the District for the City’s use of the District Facilities hereunder shall be indicated on the fee schedule included on Exhibit A.

B. District Use of City Facilities . Subject to the terms and conditions of this Agreement, City hereby authorizes District to use the City facilities set forth on Exhibit B (the “City Facilities”) attached hereto and incorporated herein by this reference at the times and for the purposes set forth on Exhibit B (the “City Facilities Approved Uses”). The applicable fee payable by the District to the City for the District’s use of the City Facilities hereunder shall be indicated on the fee schedule included on Item Title: 10.9
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Exhibit B.

C. Parties Supply Materials and Equipment. Except as indicated otherwise on Exhibits A or B, each Party shall be solely responsible for providing its own materials and equipment necessary for its use of the other Party’s Facilities hereunder.

D. Facility Access. Each Party shall reasonably cooperate with the other to provide access to said Party’s Facilities where scheduled hereunder, including, without limitation, providing assistance with access or a key or security code for access, as appropriate.

E. District and City Policies. When using the other Party’s Facilities hereunder, each Party shall comply with all security, personnel, and other policies provided by the owner of the Facilities in advance.

F. Additional Terms. Each Party reserves the right to require additional terms for the use of particular District Facilities or City Facilities, as applicable. Such additional terms, if any, shall be included in Exhibit A for the District Facilities and Exhibit B for the City Facilities. Additional terms shall be added in the form of an Amendment if not included in the existing Exhibits.

G. Defined Terms. As used in this Agreement, the term “Facilities” shall mean and refer to the District Facilities or City Facilities, as applicable under the context. The term “Approved Uses” shall refer to the District Facilities Approved Uses or City Facilities Approved Uses, as appropriate under the context.

Section 4. Scheduling Matters.

A. Scheduling Procedure. A Party’s use of the other Party’s Facilities shall be scheduled in advance according to facility reservation processes established by the Party that owns the Facilities. The Party that owns the requested Facilities shall respond to the request within seven business days (7) business days, either approving or denying the request. Each party shall designate a scheduling liaison to process requests as follows:
(1) City – [email protected]
(2) District – [email protected]
B. Priority in Scheduling. Each Party shall give the other priority in scheduling use of Facilities under this Agreement, as outlined in Exhibits A and B. Priority pursuant to this Paragraph shall mean accepting reasonable requests for use of the Facilities

Unless (a) the Facilities are already scheduled to be used by the Party owning the Facilities or by another party, or (b) the Party owning the Facilities reasonably demonstrates that the requesting Party’s use of the Facilities on the requested date is infeasible or impractical.

C. Payment of Fees. The fees due and payable pursuant to Paragraphs A or B of Section 3 of this Agreement, as applicable (the “Fees”) shall be due and payable upon scheduling, or at such other time as agreed by the Parties in writing.

D. Cancellation and Rescheduling. Scheduled use of Facilities may be cancelled or Item Title: 10.9
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rescheduled at any time more than 72 hours before the reserved date. In the event of a timely cancellation hereunder, all Fees for the reservation shall be refunded to the Party that scheduled the cancelled facility use. No refunds shall be issued for late cancellations.

Section 5. Obligations of Facilities Owner . The owner of the Facilities shall maintain the Facilities and surrounding premises accessible to visitors in a safe and operable condition, consistent with all applicable laws and industry standards. The Facilities shall be maintained in a condition appropriate for the Approved Uses identified in Exhibit A for District Facilities and in Exhibit B for City Facilities. The Party owning the Facilities assumes no liability or responsibility for any personal property of the other Party or its employees, volunteers, agents, officials, or invitees while using the Facilities.

Section 6. Obligations of Facilities User. The Party using the other Party’s Facilities pursuant to this Agreement shall conduct all its activities in the Facilities in a safe manner that complies with all applicable laws and industry practices. The Party using the other Party’s Facilities shall be responsible to the other Party for the conduct of itself, its employees, volunteers, agents, officials, and invitees to the Facilities. The using Party shall provide adequate supervision and crowd control for its Approved Uses; comply with the Facilities owner’s written safety/security rules and site procedures; immediately report any incident, injury, or property damage to the Facilities owner’s representative; and reimburse the Facilities owner for repair/restoration costs for damage caused by the using Party, its employees, volunteers, agents, officials, invitees, or participants, beyond ordinary wear and tear.

Section 7. Compliance with Law . Each Party shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this Agreement, including obtaining and maintaining any required approvals or permits . Section 9 shall specifically apply to Claims (defined therein) arising from a Party’s noncompliance with any applicable law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Each Party is independently responsible for reviewing and complying with all applicable laws, including, without limitation, the payment or nonpayment of prevailing wages required under California law.

Section 8. Insurance. Each Party shall, at its sole cost and expense, maintain during the term of this Agreement and for three (3) years thereafter insurance or an equivalent program of self- insurance/risk pool coverage sufficient to cover that Party’s liabilities arising out of its operations and obligations under this Agreement. Evidence of coverage shall be provided prior to a Party’s scheduling for use of the Facilities and upon renewal.

A. Commercial General Liability. Coverage shall be at least as broad as ISO CG 00 01 (occurrence) and include premises/operations, products/completed operations, personal and advertising injury, and contractual liability. Limits: not less than $2,000,000 per occurrence and $ 4,000,000 general aggregate (or such higher limits as maintained by that Party).

B. Automobile Liability. For any owned, hired, or non-owned vehicles used in connection with this Agreement, automobile liability coverage shall be at least as broad as ISO CA 00 01 and provide limits not less than $1,000,000 combined single limit per accident.

C. Workers’ Compensation / Employer’s Liability. Statutory Workers’ Compensation as required by California law and Employer’s Liability limits of not less than $1,000,000.

D. Additional Insured; Primary/Non- Contributory (When Applicable). To the extent Item Title: 10.9
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commercially available, the Party using the other Party’s Facilities for an Approved Use (“Using Party”) shall cause the Facilities owner and its officers, employees, agents, and authorized volunteers to be included as additional insureds on the Using Party’s Commercial General Liability and Automobile Liability policies, but only with respect to liability arising out of the Using Party’s o perations/use of the Facilities. Such additional insured coverage shall be primary and non- contributory with respect to the additional insureds. To the extent commercially available, the Using Party further agrees to provide a Waiver of Subrogation in favor of the Facilities owner and its officers, employees, agents, and authorized volunteers on all required insurance policies.

E. Public Entity Self-Insurance / Risk Pools. If a Party is self -insured or participates in a public entity risk pool/JPA and cannot provide an additional insured endorsement, that Party shall provide a certificate/letter of self -insurance or memorandum of coverage evidencing the coverages and limits required by this Section.

F. Proof of Insurance. Certificates/letters of coverage must reference this Agreement and be signed by an authorized representative. Each Party reserves the right to request certified copies of policies, endorsements, or applicable coverage documents.

G. Notice of Cancellation/Material Change. Each Party shall provide written notice to the other at least ten (10) working days prior to cancellation, non- renewal, or reduction in coverage if any required coverage is cancelled or non-renewed or if limits are reduced.

H. Self-Insured Retentions/Deductibles. Self-insured retentions (SIR) or deductibles over $50,000 shall require the prior written approval of the other Party (or evidence acceptable to the other Party that the SIR is funded/managed through a public entity risk pool/JPA).

I. Risk-Based Adjustments. The Facilities owner may require additional insurance terms, endorsements, or limits based on the specific facility, activity, or risk characteristics of a requested Approved Use.

Section 9. Indemnification , Allocation of Liability. The Parties intend that liability be allocated consistent with Education Code §38134(h) and applicable law.

A. Each Party Responsible for Its Own Negligence. To the fullest extent permitted by law, each Party (“Indemnifying Party”) shall indemnify and hold harmless the other Party, and its officers, officials, employees, agents, and volunteers, from and against cla ims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees), but only to the extent caused by the negligent acts or omissions or willful misconduct of the Indemnifying Party and its officers, employees, agents, volunteers, contra ctors, or invitees in connection with this Agreement or the Indemnifying Party’s use of the Facilities.

B. Facilities Owner Maintenance. The Party owning the Facilities remains responsible for the ownership, operation, and maintenance of its Facilities and surrounding premises and shall indemnify and hold harmless the using Party to the extent a claim is caused by the Facilities owner’s negligent failure to maintain, repair, or keep the Facilities in safe condition.

C. Defense of Claims. Consistent with Education Code §38134(h), each Party shall bear Item Title: 10.9
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the cost to insure and defend itself. Nothing in this Agreement is intended to require either Party to provide a defense to the other; however, each Party shall reasonably cooperate in the defense and investigation of claims.

D. Comparative Fault. If a claim arises out of the concurrent negligence or willful misconduct of both Parties, each Party’s obligations under this Section shall be limited to its proportionate share of fault.

E. No Waiver of Immunities. Nothing in this Agreement shall be construed to waive, limit, or modify any immunity, defense, or limitation available under the Government Claims Act (Gov. Code §810 et seq.) or other applicable law.

F. Survival. This Section survives termination or expiration of this Agreement.

Section 10. Parties are Independent Contractors . This Agreement is by and between two independent public entities. It is not intended to, and shall not, be construed to create the relationship of agent, employee, partnership, joint venture, or association. Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party.

Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the

Power to incur any debt, obligation, or liability whatever against the other Party, or bind the other Party in any manner. Neither Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.

Section 11. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested, and addressed to the appropriate Party as follows:

To City: To District:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Community Services Director
With a Copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Menifee Union School District
29775 Haun Road
Menifee, CA 92586

Attn: Assistant Superintendent of
Business

Attn: Director of Facilities

Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after Item Title: 10.9
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deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight carrier . A Party may change its addressee by written notice to the other Party at any time.

Section 12. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this Agreement by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this Agreement and shall have any and all rights and remedies available at law or in equity to recover for the uncured default. The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non- defaulting Party may immediately terminate this Agreement and seek any and all rights and remedies available at law or in equity.

B. Rights and Remedies Cumulative. 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.

Section 13. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this Agreement without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.

Section 14. Survival
All obligations arising before the expiration or termination of this Agreement , and all provisions of this Agreement allocating liability between the Parties, shall survive the expiration or termination of this Agreement.

Section 15. Time
Time is of the essence in this Agreement and for the performance of this Agreement. Section 16. Applicable Law and Venue
This Agreement shall be interpreted and enforced under the laws of the State of California. If either Party brings any action against the other under this Agreement, the Parties agree that venue for such action shall be vested exclusively in Riverside County.

Section 17. Attorneys’ Fees
If either Party commences any legal action against the other, each Party shall bear its own costs of suit, including attorneys’ fees.

Section 18. Severability
If any term, provision, covenant, or condition of this Agreement shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall Item Title: 10.9
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not be affected to the extent the remaining provisions are not rendered impractical to perform , taking into consideration the purposes of this Agreement.

Section 19. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

Section 20. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.

Section 21. Captions
The captions, subtitles, and headings contained in this Agreement are for convenience only. They shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.

Section 22. Entire Agreement, Amendment, and Construction This Agreement, including the exhibits, is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.

Section 23. Construction
The terms of this Agreement shall be construed in accordance with the meaning of the language used. They shall not be interpreted for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Section 24. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference.

Section 25. Amendments
This Agreement may be amended only by written agreement, and no purported oral amendment to this Agreement shall be valid. The City Manager or his or her designee may execute and approve amendments to this Agreement on behalf of the City, which, in the City Manager’s reasonable discretion, do not substantially modify the terms and conditions of this Agreement, provided, however, that the City Manager may instead require City Council approval for any proposed amendment.

Section 26. No Third-Party Beneficiaries
There are no intended third-party beneficiaries under this Agreement, and no such third parties shall have any rights or obligations hereunder.

Section 27. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination Item Title: 10.9
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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

Section 28. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party, or any successor in interest, in the event of any default or breach by the first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this Agreement.

Section 29. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party 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 either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this Agreement.

Section 30. No Benefit to Arise for Employees
No member, officer, or employee of either Party, 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 rights and obligations performed hereunder.

Section 31. Authority to Execute
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.

Section 32. Counterparts
This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY OF MENIFEE

City Manager

Attest:

City Clerk

Approved as to Form:

City Attorney

MENIFEE UNION SCHOOL DISTRICT

Marc Bommarito,
Assistant Superintendent of Business

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EXHIBIT A

DISTRICT FACILITIES
Facility Approved Annual Use City Program Reduced Fee Parking Lot at Evans
Ranch Elementary,
located at 30465 Evans
Rd
During the City Flag Football
Season held each August to
October:
• Every Friday from 5 pm-9
pm (4 hours daily)
• Every Saturday from 8 am
2 pm (6 hours daily)
30% reduction to the current
district facility rate applicable
to the request.

Custodial and Security Fee will
be waived for use of Parking
Lots Only
See the sample of the 2025
district rate sheet below
Gymnasium at Menifee
Valley Middle School,
located at 26255
Garbani Rd
During the City Youth Basketball
Season held each January to
March:
• Every Saturday from 8 am
4 pm (8 hours daily)
Parking Lot at Menifee
Valley Middle School,
located at 26255
Garbani Rd
During the City Youth Basketball
Season held each January to
March:
• Every Saturday from 8 am
4 pm (8 hours daily)
Other requests Any City request for use of a
District Facility not outlined above
will be reviewed by the District and
scheduled in accordance with
paragraph B, Section 4, “Priority in
Scheduling,” of the Agreement.

Additional Terms
• Reservation changes or additions shall be communicated to/via [email protected] (District Facilities Scheduling Liaison).

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EXHIBIT A

DISTRICT FACILITIES
2025 District Rates
District Facility Rate Table Non-profit Youth Rates City Youth Programs Reduced Fees (30%)
Facility Hourly Daily
Max.

Hourly Daily
Max.

Parking Lot $9.00 $144.00 $6.30 $100.80
Restroom $2.25 $54.00 $1.58 $37.80
Basketball Courts (Outdoor) $8.00 $128.00 $5.60 $89.60 Classroom (Medium) $7.00 $112.00 $4.90 $78.40
Classroom (Small) $7.00 $112.00 $4.90 $78.40
Gym (Medium) $36.00 $576.00 $25.20 $403.20
Cafeteria (Medium) $22.00 $352.00 $15.40 $246.40
Cafeteria (Small) $22.00 $352.00 $15.40 $246.40
Gym (Small) $36.00 $576.00 $25.20 $403.20
Field (Medium) $7.00 $112.00 $4.90 $78.40
Field (Small) $7.00 $112.00 $4.90 $78.40

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Facility Rate Table Non-profit Organizations City Adult League/Program Reduced
Fees (30%)
Facility Hourly Daily
Max.

Hourly Daily
Max.

Parking Lot $13.00 $208.00 $9.10 $145.60
Restroom $2.25 $54.00 $1.58 $37.80
Basketball Courts (Outdoor) $11.00 $176.00 $7.70 $123.20 Classroom (Medium) $9.00 $144.00 $6.30 $100.80
Classroom (Small) $9.00 $144.00 $6.30 $100.80
Gym (Medium) $48.00 $768.00 $33.60 $537.60
Cafeteria (Medium) $30.00 $480.00 $21.00 $336.00
Cafeteria (Small) $30.00 $480.00 $21.00 $336.00
Gym (Small) $48.00 $768.00 $33.60 $537.60
Field (Medium) $10.00 $160.00 $7.00 $112.00
Field (Small) $10.00 $160.00 $7.00 $112.00

Facility Rate Table Other Rates City Program Reduced
Fees 30% for all Programs
Hourly Daily
Max.

Hourly Daily
Max.

Custodial (Indoor
Gym) - Weekend
$74.67 $970.71 $52.27 $679.50
Security (Indoor
Gym) - Weekend
$30.00 $390.00 $21.00 $273.00
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EXHIBIT B

CITY FACILITIES
Facility Approved Annual Use District Program
Reduced Fee
Remington Park
Multi-purpose Field
Each school year, during the months
of August 1 – January 31 :
• Every Monday and Wednesday from
3:15 pm-5:15 pm (2 hours daily)
• Every Tuesday and Thursday from
3 pm-5 pm (2 hours daily)
City-Partner Program
current sport field
rates will apply.

See the sample of
2025 City sport field
rates below
Other requests Any District request for use of a City
Facility not outlined above will be
reviewed by the City and scheduled in
accordance with paragraph B, Section 4,
“Priority in Scheduling,” of the
Agreement.
30% off current rates,
subject to execution of
the city facility use
agreement. The District,
at its sole cost, shall
comply with all other
requirements of
reservations for use,
which may include
additional approvals for
special events,
application for recurring
use, insurance, or
permits.

Additional Terms
• The City will waive any refundable deposit requirement for city facility use. • Reservation changes or additions shall be communicated via email to - [email protected]

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2025 City Facility Rental Rates*
Facility – User Fee Hourly Rate (Resident Non-
Profit Rate)
District Reduced Hourly
Rate (30%)
Sport Field $5.00 $3.50
Field Lights $10.00 $7.00
Field Striping
(Per field/per game)
$15.00 $10.50
Kay Ceniceros Senior Center - Meeting Rooms and capacity Palm Room – 110 $40.00 $28.00
Magnolia Room - 58 $25.00 $17.50
North Annex Multi-purpose - 64 $30.00 $21.00
West Annex Multi-purpose - 32 $25.00 $17.50
Rose Room (10 capacity) - 10 $20.00 $14.00
Lazy Creek Recreation Center – Meeting Rooms and capacity Both Multipurpose Rooms – 90 $40.00 $28.00
Multipurpose Room 1 – 45 $25.00 $17.50
Multipurpose Room 2 – 45 $25.00 $17.50

*Any City Facility not listed, 30% reduction of the current rental rate shall apply.

Item Title: 10.9
Agreement

with

Menifee

Union

School

District

for

Shared

Use

of

Facilities

to

Support

Youth
Programming, Recreation Services, and Expanded Learning Opportunities Item Page Number: 16

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CITY OF MENIFEE
SUBJECT: Agreement with the County of Riverside for Emergency Services Coordinator Services
MEETING DATE: April 15, 2026
TO: Mayor and City Council
PREPARED BY: Jennifer Jackson, Senior Management Analyst REVIEWED BY: Bryan Jones, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a three-year agreement with the County of Riverside through its Emergency Management Department to provide the services of an Emergency Services Coordinator, at a cost of $195,000 per year in an amount not-to-exceed $585,000, through June 30, 2029.

DISCUSSION
Since incorporation in 2008, the City of Menifee has contracted with Riverside County Fire Department/CAL FIRE through a Cooperative Agreement (Cooperative Agreement) with the County of Riverside for fire protection services, fire prevention, fire marshal services, rescue, and medical emergency services. The City’s current Cooperative Agreement was renewed on July 1, 2024, and extends through June 30, 2027.

The Cooperative Agreement provides for one (1) full-time (40 hrs/week) Emergency Medical Services (EMS) Specialist to develop and implement training curriculum and emergency response protocols for the City’s first responders. Historically, the City’s EMS Specialist has also managed the City’s robust Community Emergency Response Team (CERT) training program and the Menifee LifeSavers collection of education classes, including Cardiopulmonary Resuscitation (CPR), Automated External Defibrillator (AED) use, Basic First Aid, and Stop the Bleed. The administration of these programs has always been a priority for the City, as safety and emergency preparedness are foundational to Menifee’s “Safe and Vibrant Community” Strategic Goal.

Due to recent organizational restructuring, responsibility for services previously performed by the EMS Specialist have been transferred from Riverside County Fire Department/CAL FIRE to the Riverside County Emergency Management Department (EMD). Consequently, those duties have now been consolidated under the Emergency Services Coordinator position within EMD. As a result, the City requested 1) an updated Cooperative Agreement Exhibit A from Riverside County Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 1

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City of Menifee Staff Report
Emergency Services Coordinator Agreement
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3 2
4 7
to reflect the removal of the EMS Specialist position, and 2) a new three-year Agreement (Agreement) for an Emergency Services Coordinator (Level I) through Riverside County EMD.

Services and Responsibilities
The new Emergency Services Coordinator (ESC) will assume the responsibilities of the previous EMS Specialist position while managing new strategic initiatives designed to bolster the City’s preparedness. By centralizing these efforts, the ESC position adds value through improved operational efficiency and reduced strain on existing departmental resources.

Exhibit D of the Agreement includes the “EMDUS Functional Matrix of Responsibilities” which describes the comprehensive services provided by EMD through its Unified Services model (EMDUS). The Emergency Services Coordinator (Level I) will be responsible to provide these services based upon the “Jurisdictional Frequency of Service Level” outlined in the Matrix:
MITIGATION PHASE
oGrants Management - administration and oversight of federal funds (i.e., FEMA) oLocal Hazard Mitigation Plan - risk assessment, outreach, Plan review and updates PREPAREDNESS PHASE
oCommunity Outreach - proactive engagement and education to build trust, awareness, and collaboration
oContinuity of Government - planning and coordination to ensure government functions
oConcept of Operations - establish intent of Emergency Operations Plan, goals, responsibilities, actions, and activities
oEmergency Operation Plan - development, coordination, review, updates oMass Care & Shelter - planning and coordination for temporary housing, food, animal care, and services
oSituational Awareness (SA) & Common Operating Picture (COP) - plan for communication and coordinated response based upon the comprehensive understanding (SA) and shared view (COP) of an unfolding incident oEmergency Operations Center Training & Exercising - standardized training, exercise development and delivery
RESPONSE PHASE
oResponse Operations - manage emergencies through effective communication, coordination, education, and evacuation and business continuity planning RECOVERY PHASE
oDisaster Recovery Planning - testing and training, communication plans, assign roles and responsibilities, establish procedures for systems restoration oDisaster Recovery Operations - community restoration, redevelopment, and revitalization after disaster impact
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As a partner with Riverside County EMD, the City also gains significant access to enhanced response and recovery resources that would typically be difficult for a single agency to fund or maintain. EMD uses a multi-agency coordination system to prioritize and allocate scarce resources such as personnel, equipment, and supplies across multiple jurisdictions during large- scale incident response. Specialized assets can also be leveraged, including mass care and shelter capabilities, and logistical support for evacuations.

Comparative Cost Analysis
The transition from the previous EMS Specialist to a new agreement for the Riverside County EMD Emergency Services Coordinator represents a significant fiscal and operational improvement for the City. The City will realize a projected $25,681 reduction in direct expenses due to the difference between the estimated FY2026/27 cost of the EMS Specialist contract position ($220,681) and the Agreement for the new ESC position ($195,000).

Additionally, the City will benefit from the elimination of the previous EMS Specialist vehicle expenses as the Agreement includes a fully maintained emergency response vehicle. The City- owned vehicle previously used by the EMS Specialist will be repurposed for other City needs.

The new ESC will occupy the office space and utilize the equipment and supplies formerly assigned to the EMS Specialist. The City will provide Menifee-branded attire (e.g., shirts) and the new Emergency Services Coordinator will report directly to the City Executive Office.

The City will also save $43,000 annually by moving to the County’s Genasys emergency notification platform at no cost, allowing for the termination of the City’s independent Genasys contract.

Collectively, these two actions result in an approximate annual budget reduction of $68,681.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The transition from the Riverside County Fire Emergency Medical Services Specialist to the Riverside County EMD Emergency Services Coordinator position is projected to result in an annual cost savings of $25,681. Furthermore, the City expects to save approximately $43,000 annually by terminating its Genasys Protect emergency management platform license and joining the existing Riverside County EMD Genasys platform through a formalized partnership. Because the Agreement provides a fully maintained response vehicle, the City-owned vehicle previously used by the EMS Specialist will be repurposed for other City needs.

No additional budget appropriation would be required to support the proposed Agreement with the County of Riverside Emergency Management Department.

ATTACHMENTS

1. County of Riverside Agreement
Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 3

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Agreement No.

AGREEMENT FOR

EMERGENCY MANAGEMENT DEPARTMENT UNIFIED SERVICES

BETWEEN THE
COUNTY OF RIVERSIDE AND THE ______________ (AGENCY)

This Agreement is made as of __________________ between the County of Riverside ("County") and the ______________________ ("Agency"). The parties agree as follows:

1. This Agreement is effective for three years upon execution, through June 30, 2029.

2. Through its Emergency Management Department ("EMD"), the County shall provide to the Agency the services of an Emergency Services Coordinator ("EMD Unified Services (EMDUS)") as described in Exhibits A, B, C & D.

3. The Agency shall pay the County for these EMDUS as stated in Exhibit B.

4. Either party may terminate this Agreement without cause upon 90 days’ written notice to the other party.

The Agreement may be terminated with cause upon 30 days’ written notice to the other party. The County shall be entitled to receive compensation for all properly provided services rendered prior to termination.

5. If the Agency does not appropriate funds in its budget for payment, the Agency shall immediately notify the County in writing that such funds are not forthcoming. Such a notice shall be deemed cause for termination by the County or Agency. The County shall nevertheless be entitled to payment for properly provided services rendered prior to termination.

6. At all times during the performance period of this Agreement, the County shall maintain insurance or self- insurance reasonable and appropriate for a public entity the size of the County.

7. The County shall indemnify and hold harmless the Agency, its departments, agencies, districts, officials, officers, and employees from any liability, claim, damage, or action based or asserted upon any act or omission of the County relating to this Agreement, including but not limited to property damage, personal injury or death.

8. The Agency shall indemnify and hold harmless the County, its departments, agencies, districts, officials, officers, and employees from any liability, claim, damage, or action based or asserted upon any act or omission of the Agency relating to this Agreement, including but not limited to property damage, personal injury, or death.

9. The County shall maintain and keep records related to the EMDUS rendered in accordance with applicable County standards. In addition to their rights under applicable law, the Agency and its employees and agents shall have the right to review and audit such records during the County's normal business hours upon request and reasonable advance notice by the Agency.

10. The laws of the State of California shall govern this Agreement. The venue shall be in an appropriate court located in Riverside County, and the parties waive any provision of the law providing for a change of venue to Item Title: 10.10
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another location.

11. This Agreement shall be administered by the Director of EMD, or their designee, on behalf of the County and by the Authorized Agent, or their designee, on behalf of that Agency.

12. Notices issued pursuant to this Agreement shall be sent via U.S. Mail to the following:

TO COUNTY:

Emergency Management Department
450 E. Alessandro Blvd.

Riverside, CA 92508
Attn: Emergency Services Manager

TO AGENCYCONTRACTOR
Y:

Agency of __________________
Address
City, State Zip
Attn: Authorized Agent

13. This Agreement may be executed in any number of counterparts, each of which will be an original but all of which together will constitute one instrument. Each party to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA," Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. An electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. CUETA authorizes the use of an electronic signature for transactions and contracts among parties in California, including a government agency. A digital signature means an electronic identifier created by a computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

14. This Agreement represents the full and final agreement between the parties related to this subject matter; no prior oral or written agreements shall apply. This Agreement may be modified or altered only by a written amendment signed by authorized representatives of both parties.

AGREED:

County of Riverside

By:_________________________________
Bruce Barton, Director
Emergency Management Department
Date: _______/________/________

Agency __________________

By:_________________________________
Name, Title
Agency
Date: _______/________/_______

Item Title: 10.10
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EXHIBIT A

SCOPE OF SERVICE

1. EMD – YOUR PARTNER IN COMPREHENSIVE EMERGENCY MANAGEMENT In today’s unpredictable environment, ensuring the safety and resilience of your community is paramount.

Partnering with Emergency Management Department Unified Services (EMDUS) offers your Agency a comprehensive, expert -driven approach to emergency management, delivering significant benefits that empower your community to prepare effectively, respond to and recover from disasters. Riverside County’s Emergency Management Department is one of only three counties in California and one of 78 governmental programs nationwide to be certified through the Emergency Management Accreditation Program (EMAP). This certification highlights the county's unwavering commitment to upholding the highest standards in emergency management. It further reinforces Riverside County's dedication to maintaining a well-organized, efficient, and resilient emergency response system. By partnering with Riverside County, your Agenc y can benefit from proven best practices and expert guidance, enhancing disaster preparedness, improving response coordination, and streamlining recovery efforts.

1.1 The Unified Services Model: A Coordinated Approach to Emergency Management The Unified Services Model, as implemented by EMDUS, is a comprehensive and coordinated approach to emergency management that ensures all agencies, departments, and organizations will work together seamlessly at every stage of an emergency —before, during, and after a crisis. This model promotes collaboration between Riverside County Departments, Special Districts, School Districts, Non-Governmental Organizations (NGOs), and nonprofits, creating a unified network that can effectively respond to and recover from emergencies. By integrating these diverse stakeholders, the Unified Services Model enables the efficient allocation of resources, enhances communication, and minimizes duplication of efforts. This collaborative framework strengthens the overall emergency management system, ensuring that all partners are aligned in their efforts to protect the community, reduce risk, and enhance resilience in the face of disasters. Through Unified Services, Agency wil be better equipped to handle complex emergencies, ensuring a more adaptive and coordinated response.

1.2 Comprehensive Strategic Planning for Emergency Preparedness Effective emergency preparedness requires the development and implementation of strategic plans that address the Agency’s-wide risks and vulnerabilities. These plans should be informed by input from all relevant stakeholders, including government agencies, first responders, community organizations, and private sector partners. By fostering collaboration and incorporating div erse perspectives, Agency will be able to create well-rounded emergency plans that enhance response coordination and resilience. A proactive approach to strategic planning ensures that potential threats are identified, resources are allocated efficiently, and communities are better equipped to ha ndle emergencies when they arise.

1.3 Strengthening Preparedness Through Training and Exercises Conducting joint training sessions and emergency drills is essential for ensuring that all partners involved in emergency response are well-prepared and able to collaborate effectively during a crisis.

These exercises provide a valuable opportunity for responders to practice their roles, familiarize themselves with protocols, and identify potential gaps in their plans. By simulating real -world scenarios, training sessions help build trust and communication among all parties, including local agencies, first responders, and community organizations. Regularly scheduled drills ensure that Item Title: 10.10
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everyone involved is capable of working together seamlessly under pressure, enhancing the overall efficiency and effectiveness of the emergency response.

1.4 The Importance of Unified Coordination in Emergency Response Unified coordination is essential for ensuring a seamless and effective emergency response. By streamlining communication and operations among local government entities, emergency services, and community partners, a unified approach fosters collaboration w hile minimizing the risk of confusion or duplication of efforts. This coordinated effort ensures that all parties are aligned toward common goals, with clearly defined roles and responsibilities for each entity involved. Establishing a centralized system f or decision- making and information sharing will enable Agency to respond quickly and efficiently to emergencies. Ultimately, this enhanced coordination improves the overall effectiveness of disaster response and recovery, ensuring that resources are utilized optimally and that communities are better protected during times of crisis.

1.5 The Role of Resource Sharing in Enhancing Emergency Response and Recovery Resource sharing is a crucial element in improving the overall effectiveness of emergency preparedness, response, and recovery efforts. By pooling personnel, equipment, facilities, and expertise from various agencies, can optimize their resources and address any gaps in capabilities.

This collaborative approach ensures that critical assets, such as specialized equipment or highly trained personnel, are deployed efficiently to areas where they are needed most, reducing response times and improving the effectiveness of disaster management. Furthermore, resource sharing strengthens the system's resilience by allowing greater flexibility and adaptability in the face of emergencies. This unified approach not only enhances the response and recovery process but als o fosters a more agile and resourceful emergency management framework capable of handling diverse challenges.

1.6 Community Resilience
Building community resilience involves actively engaging schools, nonprofits, and NGOs to support a range of critical services during and after a disaster. These organizations play a vital role in providing shelter, mental health assistance, food distribution, and recovery programs, ensuring that the needs of affected individuals and families are met. Schools can serve as emergency shelters or distribution points, while nonprofits and NGOs often have established networks and expertise in offering immediate relief and long-term recovery assistance. By collaborating with these community -based groups, agencies can create a more robust and comprehensive support system that promotes recovery and strengthens the community's ability to bounce back from future crises.

1.7 Enhancing Emergency Management through Service Integration and Collaboration By integrating services across various sectors, agencies can greatly improve the efficiency and effectiveness of their emergency management efforts. This collaborative approach streamlines processes reduces redundancy and ensures that resources are deployed where they are needed most, allowing for a more responsive and agile system. Integrating services promotes better coordination between local government agencies, emergency responders, healthcare providers, and community organizations, creating a unified front when responding to disasters. This interconnected framework not only strengthens the immediate response but also builds a more resilient system that protects residents and critical infrastructure. Ultimately, by fostering collaboration and integration, agencies can enhance their ability to adapt to and recover from future emergencies, creating a safer, more prepared community.

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2. STRENGTHENING EMERGENCY MANAGEMENT THROUGH STRATEGIC COLLABORATION AND

SPECIALIZED SUPPORT
EMDUS partners directly work with your leadership to provide specialized coordination and strategic guidance across all facets of emergency management. This collaboration streamlines critical operations, ensures compliance with industry standards, and delivers a fully unified program that enhances preparedness, response, recovery, and mitigation efforts. By working with EMDUS, Agency will gain access to expertise and leadership that ensures a comprehensive, well-organized response to any emergency, such as:

2.1 Strengthening Emergency Response with Specialized Personnel Support EMDUS strengthens Agency's emergency response capacity by providing highly qualified, dedicated emergency management personnel who seamlessly integrate with your local agencies. Depending on your service level, EMDUS assigns an Emergency Services Coordinator (ESC) who oversee the overall management of emergency operations, while a backup Emergency Management Program Supervisor (EMPS) ensures continuity of leadership and decision- making in the absence of the ESC. This dual support structure ensures that Agency remains well -prepared and responsive, improving the effectiveness and coordination of your emergency management efforts. By bolstering your team with EMDUS personnel, Agency enhances its resilience and capability to navigate any crisis.

2.2 Unlocking Key Benefits Through Partnership with EMDUS Partnering with EMDUS offers Agency dedicated support, strategic collaboration, and access to critical funding opportunities. The expertise and leadership provided by EMDUS professionals help ensure Agency is thoroughly prepared for emergencies. These specialists offer invaluable guidance on best practices, operational strategies, and disaster readiness. EMDUS personnel serve as the primary point of contact for all emergency management activities, acting as liaisons between local agencies, departments, and external organizations. This coordination fosters seamless communication, reduces confusion during crises, and ensures resources are mobilized efficiently. By working with EMDUS, Agency enhances its emergency management capabilities while also benefiting from vital funding opportunities and a more resilient community.

2.3 Building Stronger Emergency Networks Through Strategic Collaboration EMDUS plays a vital role in fostering collaboration among local, county, state, and federal agencies, as well as private -sector and community organizations. Through these strategic partnerships, EMDUS ensures a well-coordinated and efficient approach to em ergency management, creating a network of stakeholders capable of quickly mobilizing resources and responding to emergencies. By integrating the strengths of government agencies, private -sector entities, and non -profit organizations, this collaborative framework improves communication, resource distribution, and crisis response. EMDUS strengthens the collective ability of all parties involved, ensuring that communities recover quickly and become more resilient in the face of future disasters.

3. IMPROVED FISCAL RECOVERY AND RISK REDUCTION IN EMERGENCY MANAGEMENT Effective fiscal recovery and risk reduction are crucial in the mitigation and recovery phases of emergency management. These efforts ensure that agencies can efficiently restore operations, minimize financial losses, and enhance resilience against future disasters. Adopting best practices and compliance with regulatory frameworks such as the California Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and laws such as AB 2140 significantly improve these outcomes.

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3.1 Fiscal Recovery in Mitigation and Recovery Phases
Pre-disaster financial planning plays a vital role in ensuring a gencies have the resources needed to respond effectively to emergencies. Establishing dedicated emergency funds and pre -arranged financial mechanisms allows for rapid response and recovery efforts. Conducting thorough risk assessments and cost -benefit analyses he lps prioritize mitigation projects. Additionally, reducing financial exposure through risk transfer mechanisms, such as insurance and contingency funds, provides an added layer of financial security against unforeseen disasters.

3.2 Maximizing Financial Efficiency in Post-Disaster Recovery Maximizing the efficient use of federal and state funds is critical for a gencies seeking financial stability post- disaster. By leveraging federal programs such as F ederal Emergency Management Agency’s (FEMA) Public Assistance and Hazard Mitigation Grant Programs, a gencies can offset the high costs associated with emergency response and recovery. Similarly, utilizing state disaster relief funds and insurance mechanisms provides additional financial support. Ensuring strict compliance with financial reporting requirements is necessary to maintain eligibility for future funding, avoid de- obligation, and ensure a steady stream of resources for ongoing recovery efforts.

3.3 Effective Grant Support and Compliance for Disaster Recovery Streamlined grant management and compliance processes ensure that agencies can effectively secure and utilize funding without the risk of financial mismanagement. Compliance with funding requirements prevents the de-obligation of critical funds, ensuring they remain available for essential recovery efforts. Transparent financial tracking and auditing systems help optimize resource allocation, ensuring that funds are used efficiently and effectively. Proper training for staff on grant administration best practices further mitigates the risk of financial mismanagement, ensuring that all funding sources are managed responsibly.

3.4 Leveraging Public-Private Partnerships for Disaster Recovery Public-private partnerships serve as a key component in supporting disaster recovery efforts.

Engaging with private sector entities to fund and implement recovery initiatives allows a gencies to expand their financial resources beyond government funding. Encouraging community -based financial resilience programs further supports individuals and businesses, promoting economic stability. Collaborations with non- profits provide additional funding and logistical support, allowing for a more comprehensive and effective disaster response and recovery strategy.

4. RISK REDUCTION DURING MITIGATION AND RECOVERY
The implementation of hazard mitigation plans is an essential strategy for reducing risks during the recovery phase. By identifying vulnerabilities and investing in both structural and non-structural mitigation measures, agencies can strengthen their resilience against future disasters. Incorporating land -use planning, infrastructure improvements, and building code enhancements helps minimize risks while ensuring community safety. Regular updates and reassessments of mitigation st rategies ensure that plans remain relevant and adaptable to evolving threats.

4.1 Enhancing Community Preparedness for Risk Reduction Strengthening community preparedness is another vital component of risk reduction. Conducting public education campaigns and emergency drills equips residents with the knowledge and skills needed to respond effectively in emergencies. Establishing resilien t communication systems and emergency response protocols enhances coordination and response efforts during disasters.

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Providing incentives for residents and businesses to engage in preparedness activities fosters a culture of resilience and proactive risk management.

4.2 Integrating Climate Adaptation into Disaster Mitigation Integrating climate adaptation strategies into disaster mitigation efforts further enhances an agency’s ability to withstand environmental hazards. Utilizing climate data to inform mitigation planning ensures that strategies remain aligned with evolving climate risks. Enhancing natural disaster defenses, such as floodplain management and wildfire buffer z ones, reduces exposure to climate - related disasters. Incorporating green infrastructure and nature -based solutions helps mitigate climate risks while promoting environmental sustainability.

5. BENEFITS OF COMPLIANCE WITH SEMS, NIMS, AND RELEVANT LAWS Adherence to SEMS, NIMS, and relevant laws provides multiple benefits to agencies, including enhanced coordination and communication. Ensuring interoperability between local, state, and federal agencies during emergencies streamlines response efforts and reduces duplication. Strengthening mutual aid agreements and multi -agency coordina tion efforts enhances efficiency, ensuring that agencies can effectively manage emergency situations.

5.1 Expanding Funding Opportunities Through Compliance
Increased funding opportunities are another key benefit of compliance. Many federal and state disaster relief programs require adherence to SEMS and NIMS as a prerequisite for receiving funds. AB 2140 allows local agencies to integrate their hazard mitigation plans into their general plans, making them eligible for additional financial relief. Demonstrating adherence to best practices also attracts grant funding and private investment, further bolstering financial resources.

5.2 Legal and Regulatory Protection Through Compliance
Legal and regulatory protection is a crucial benefit of adhering to established standards, providing agencies with a solid foundation to justify their actions in legal and regulatory contexts. Compliance with national best practices reduces liability risks by demonstrating due diligence, minimizing legal exposure, and mitigating costly disputes. It strengthens the legal justification for emergency decisions, ensuring that actions align with recognized frameworks and are defensible in court. By following regulatory guidelines, a gencies reduce exposure to litigation and avoid claims of arbitrary decision- making, fostering public trust and operational consistency. Ultimately, compliance serves as a safeguard against legal challenges, allowing agencies to focus on effective emergency response and governance without the burden of legal uncertainties.

5.3 Enhancing Disaster Response through Standardized Command Structures and Coordination Improved disaster response efficiency is directly tied to the establishment of standardized command structures. These structures provide a clear, organized framework for emergency personnel, ensuring that decision-making is streamlined and that all responders are operating with a shared understanding of their roles and responsibilities. The implementation of a standardized command system not only reduces confusion during a crisis but also allows for more rapid and effective decision- making. In addition, continuous training and preparedness efforts contribute to better response times and more coordinated efforts across all teams. When elected officials and emergency management professionals work closely together, the overall disaster response is strengthened, ensuring that the response is not only fast but also effective in meeting the needs of the community. By fostering a unified approach, agencies can better manage resources, communicate effectively, and ultimately minimize the impact of disasters on residents and critical infrastructure.

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5.4 Building Community Resilience and Economic Stability Through Effective Disaster Management Community resilience and economic stability are vital outcomes of a well -executed disaster management strategy. When disaster response and recovery efforts are carried out efficiently, recovery times are significantly reduced, minimizing economic disruptions. This allows businesses to resume operations quickly, ensuring that local economies remain functional. In addition, strengthening infrastructure and investing in preparedness measures help lower the long -term costs associated with disaster recovery, all eviating the financial strain on agencies. Effective disaster management provides a solid foundation for economic recovery by safeguarding local businesses, maintaining workforce stability, and protecting tax revenue streams. As a result, communities are better equipped to remain financially viable and continue to thrive, even in the aftermath of a disaster, promoting sustained growth and stability in the long run.

5.5 Public Scrutiny, Loss of Confidence, and Political Fallout Failure to implement effective fiscal recovery and risk reduction measures can lead to significant public scrutiny, eroding trust in Agency. Poor financial recovery efforts can result in public outrage, creating pressure on leadership to justify their decisions and actions.

Ineffective disaster management can also lead to political consequences, including loss of public office, diminished cre dibility, and reputational damage for staff and politicians.

Moreover, failure to comply with state and federal regul ations may trigger audits, funding withdrawal, and potential legal actions against the Agency.

5.6 Enhancing Fiscal Recovery and Risk Reduction Through Regulatory Compliance Agency’s commitment to adhering to the SEMS, NIMS, AB 2140, and national best practices plays a crucial role in strengthening its financial resilience and disaster recovery capabilities.

By proactively integrating these frameworks into emergency management operations, agencies can ensure more efficient financial management, access critical funding opportunities, and minimize the risk of funding de -obligation. Compliance with these standards also streamlines disaster response and mitigation efforts, enabling a gencies to respond swiftly and effectively to emergencies while reducing long -term recovery costs.

Ultimately, these measures foster a more resilient and financially stable community, better equipped to withstand and recover from future disasters.

6. SPECIALIZATION IN THE FOUR PHASES OF EMERGENCY MANAGEMENT Our expertise spans the four essential phases of emergency management, ensuring a proactive, coordinated, and effective approach to disaster preparedness, response, recovery, and mitigation.

Emergency management is a dynamic and continuous process aimed at minimizing the impact of disasters, protecting lives and property, and strengthening community resilience.

By integrating the following four phases into a comprehensive emergency management strategy, we help agencies, organizations, and communities anticipate potential hazards, respond efficiently, and recover resiliently. Our approach is rooted in collaboration, innovation, and a deep commitment to ensuring safety and preparedness at every level, such as:

6.1 Mitigation: Building a Resilient Foundation Through Proactive Mitigation and Strategic Planning Item Title: 10.10
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Effective mitigation requires a proactive approach to addressing hazards, strengthening community resilience, and securing essential funding to support long-term risk reduction efforts. A strong disaster resilience foundation begins with identifying vulner abilities, assessing potential threats, and implementing strategic planning measures that prioritize public safety and infrastructure protection.

EMDUS plays a critical role in this process by conducting a comprehensive Hazard Identification and Risk Assessment (HIRA) for the Agency, ensuring that all potential risks are thoroughly analyzed and addressed. Through the integration of targeted mitigation strategies, such as infrastructure enhancements, land -use planning, and community education initiatives, EMDUS helps a gencies reduce exposure to disasters, minimize financial losses, and create a safer, more resilient future, such as:

6.1.1 Land Use Planning - Land use planning and building codes play a critical role in disaster risk reduction by ensuring that developments align with safety regulations designed to minimize the impacts of natural and human- made disasters. Effective land use planning helps identify hazard-prone areas, guiding development away from regions susceptible to floods, earthquakes, wildfires, and other threats. By implementing zoning laws and environmental assessments, agencies can control where and how structures are built, reducing vulnerabilities and enhancing community resilience.

6.1.2 Building Codes - Building codes complement land use planning by establishing construction standards that improve structural integrity and occupant safety. These regulations mandate the use of disaster- resistant materials, proper engineering techniques, and design features that mitigate risks associated with extreme weather events, seismic activity, and other hazards. Regular code updates based on scientific research and lessons learned from past disasters ensure that buildings remain resilient to emerging threats.

6.1.3 Infrastructure Resilience - Strengthening critical infrastructure is vital for community resilience and the continuity of essential services during disasters. Key systems like transportation, energy, water, and healthcare must withstand hazards such as earthquakes, floods, and cyberattacks. This requires hazard-resistant design, including seismic retrofitting, flood barriers, and smart grids, along with regular maintenance and risk assessments to prevent costly damage. Integrating technologies like real -time monitoring and predictive analytics enhances early detection and mitigation. By investing in resilient infrastructure, governments and organizations improve disaster preparedness, recovery capabilities, and long-term security for communities.

6.1.4 Community Education - Community education is crucial for promoting awareness and preparedness, ensuring that individuals and businesses understand risks and know how to respond effectively to disasters. Public outreach programs, workshops, and emergency drills help equip commun ities with the knowledge and skills needed to mitigate risks, develop emergency plans, and access critical resources. Schools, workplaces, and local organizations play a key role in spreading preparedness messages, while digital platforms and social media enhance real -time communication. By fostering a culture of awareness and readiness, community education empowers people to take proactive measures, reducing the overall impact of disasters and strengthening resilience.

6.1.5 Environmental Management - Environmental management plays a vital role in mitigating disaster risks by protecting and preserving natural resources that serve as natural barriers against hazards. Healthy ecosystems, such as wetlands, forests, and mangroves, help absorb floodwaters, r educe soil erosion, and buffer against extreme weather events. Sustainable land-use practices, reforestation efforts, and pollution control measures contribute to long - term environmental resilience, minimizing the impact of disas ters like droughts, landslides, and wildfires. Additionally, integrating environmental conservation into disaster planning Item Title: 10.10
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ensures that communities not only reduce their vulnerability but also promote sustainable development. By safeguarding natural resources, environmental management strengthens resilience and enhances the ability to withstand and recover from disasters.

6.1.6 Enhancing Mitigation - EMDUS plays a vital role in enhancing mitigation programs by helping agencies secure essential funding for disaster mitigation through expert guidance on grant applications and compliance. By assisting communities in identifying eligible projects, developing strong proposals, and aligning with federal and state funding criteria, EMDUS ensures access to key programs like FEMA’s Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), and the Flood Mitigation Assistance (FMA) program. Additionally, developing a Local Hazard Mitigation Plan (LHMP) enables communities to assess vulnerabilities, prioritize risks, and create strategic actions to reduce disaster impacts. An approved LHMP enhances eligibility for federal fund ing, supporting risk reduction projects that improve public safety, infrastructure resilience, and long -term community preparedness, such as:

6.1.6.1 Building Resilient Infrastructure and Communities (BRIC) – The BRIC program is a federal hazard mitigation initiative administered by the Federal Emergency Management Agency (FEMA). Designed to reduce risks before disasters occur proactively, BRIC provides funding and resources to support state, local, tribal, and territorial (SLTT) governments in strengthening community resilience against natural hazards.

6.1.6.2 Flood Mitigation Assistance (FMA) – The FMA program is a federal grant initiative managed by FEMA. Designed to reduce or eliminate the risk of repetitive flood damage, FMA provides funding to SLTT governments for projects that help mitigate flood hazards in high-risk areas.

6.1.6.3 Hazard Mitigation Grant Program (HMGP) – The HMGP is a federal program administered by FEMA that provides funding to SLTT governments to implement long- term hazard mitigation measures. The goal of HMGP is to reduce the impact of future disasters, enhance community resilience, and decrease the rel iance on federal disaster recovery assistance.

6.1.6.4 Grants Coordination and Support – Securing Funds for Risk Reduction . Grants during this phase focus on reducing risks and preventing future disasters. Key funding sources include:

6.1.6.4.1 Hazard Mitigation Grant Program (HMGP) – Provides funding to states, tribes, and local governments for long -term hazard mitigation projects that reduce disaster risks and protect lives and property.

6.1.6.4.2 Emergency Management Performance Grant (EMPG) – supports SLTT emergency management agencies in building and sustaining preparedness capabilities under the National Preparedness System.

6.1.6.4.3 State Homeland Security Program (SHSP) – Provides risk -based funding to support prevention, protection, mitigation, response, and recovery efforts against terrorism and other threats.

6.1.6.5 California Assembly Bill 2140 (AB 2140) – This legislation enhances cost-sharing opportunities under the California Disaster Assistance Act (CDAA) for communities that integrate their LHMP into the Safety Element of their General Plan, helping them secure additional funding for disaster resilience.

6.1.6.6 Financial Implications of a Catastrophic E vent and the Importance of Compliance –
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disaster response and recovery require substantial funding, often shared among Federal, State, and Local Governments. Below is an outline of potential disaster expenses and an example of the cost- sharing distribution to illustrate how these costs are allocated. However, agencies that fail to comply with California Assembly Bill 2140 risk losing access to essential financial relief, further exacerbating the economic strain caused by the disaster. Ensuring compliance with AB 2140 and other regulatory framewor ks is crucial for securing the maximum available funding and mitigating the long-term fiscal impact of such catastrophic events. As an example, if a disaster costs the Agency $100,000,000.00 in response and recovery costs, the cost-shared reimbursement will be as follows:

COST SHARE OVERALL COST SHARE
Total Disaster Cost to Agency: $ 100,000,000.00
Federal Government Cost Share (75%) Pays: $ 75,000,000.00 State Government Cost Share Pays (75% of the remaining 25%): $ 18,750,000.00 Agency Cost Share Pays: $ 6,250,000.00
Agency compliant with AB 2140, no cost to the Agency: $ 0.00

Mitigation Conclusion: Strengthening Resilience Through Mitigation and Strategic Planning - Building a resilient foundation for communities requires a proactive and multi -faceted approach to disaster mitigation, planning, and resource management. EMDUS plays a key role in enhancing long - term resilience by helping Agency identify vulnerabilities, develop hazard mitigation strategies, and secure essential funding through programs such as FEMA’s HMGP, BRIC, and FMA. By integrating land use planning, building codes, infrastructure resilience, community education, and environmental management, we ensure that communities are better prepared to face future hazards. Through continuous support in grants coordination, compliance with state and federal regulations, and expert guidance, EMDUS helps agencies mitigate risks, reduce potential disaster impacts, and strengthen their financial capacity to respond to catastrophic events, ultimately fostering safer, more resilient communities.

6.2 Preparedness: Comprehensive Preparedness for Effective Emergency Management

Preparedness is a critical component of emergency management, requiring a proactive approach to planning, training, and resource management. This involves developing comprehensive Emergency Operations Plans (EOPs), conducting training programs and exercise s, enhancing public education and communication strategies, and establishing mutual aid agreements with neighboring agencies to strengthen response capabilities.

To ensure operational readiness, EMDUS provides a full suite of preparedness services designed to help Agency meet the requirements of the California Emergency Services Act while enhancing their overall emergency response capabilities. Through strategic planning, training, and resource coordination, EMDUS ensures that a gencies are fully equipped to handle emergencies effectively, minimizing risks and improving disaster response outcomes :

6.2.1 Strategic Planning and Continuous Improvement – Plan development in emergency management is the structured process of creating, organizing, and refining comprehensive response strategies to address potential disasters and emergencies. Plan Maintenance and Continuous Improvement by regularly reviewing and updating emergency plans based on new threats or incidents, policy changes, and technological advancements.

6.2.2 Specialized Readiness Training for Critical Roles – Specialized r eadiness training for critical roles focusing on high-risk, complex, or technical aspects of disaster response that require enhanced knowledge, hands- on practice, and often certifications to ensure Item Title: 10.10
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effectiveness in real-world emergencies. Enhances operational effectiveness and ensures that responders execute their roles with precision under extreme conditions.

6.2.3 Enhancing Public Trust and Confidence – Enhancing public trust and confidence is essential for effective emergency management, as it reassures communities that response teams are well -prepared and capable of handling crises. When response teams undergo rigorous training, simulations, and continuous professional development, it demonstrates their commitment to protecting public safety. This preparedness not only ensures a quicker, more efficient response during emergencies but also fosters a sense of security and trust within the community. By showcasing their expertise and readiness, response teams can gain public confidence, strengthen community resilience, and ensure a more coordinated, effective response in times of crisis.

6.2.4 Validating Preparedness Through Exercises
– Validating preparedness through exercises
is a crucial component of emergency management, as it allows agencies to test, evaluate, and refine response plans, operational procedures, and interagency coordination in a controlled environment before a real -world disaster strikes. These exercises simulate various disaster scenarios, providing valuable insights into the effectiveness of response strategies and highlighting areas for improvement. By engaging in regular drills and tabletop exercises, agencies can identify gaps in communication, resource allocation, and decision- making processes, ensuring that teams are better prepared and more efficient when responding to actual emergencies. This proactive approach strengthens overall readiness, reduces response times, and enhances the effectiveness of disaster management efforts.

6.2.5 Strengthening Response Through Simulation - Strengthening response through simulation is vital for improving emergency preparedness, as it allows agencies to identify gaps, weaknesses, and areas for improvement in their response efforts. These exercises create a controlled environment where particip ants can practice their specific roles, test communication systems, and refine decision- making processes without the stress and chaos of a real disaster. By simulating various emergency scenarios, agencies can as sess their readiness, evaluate the effectiveness of operational procedures, and strengthen coordination between teams and organizations. This proactive approach ensures that when a real emergency occurs, response teams are better equipped, more efficient, and capable of managing complex situations effectively.

6.2.6 Empowering Communities Through Education and Training – Empowering communities through education and training enhances disaster preparedness by fostering active engagement and collaboration among residents, volunteers, and homeowners’ associations (HOAs). The Community Emergency Response Team (CERT) Training Program is a key tool in this effort, providing individuals with essential skills and hands-on training to respond effectively in emergencies. By educating community members on topics like basic first aid, fire safety, search and rescue, and emergency communication, CERT ensures that local populations are better prepared to handle disasters independently or in coordination with emergency responders. This proactive approach not only strengthens public resilience but also builds a culture of preparedness and mutual support, ultimately improving community-wide disaster response and recovery efforts.

Preparedness Conclusion: Strengthening Emergency Preparedness for Effective Response - Comprehensive preparedness is the cornerstone of effective emergency management, ensuring that Agencies are equipped to respond to disasters with efficiency and confidence. EMDUS supports this by providing strategic planning, specialized training, and exercises that improve operational readiness and resource coordination. Through continuous improvement of emergency plans, hands-on training Item Title: 10.10
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for critical roles, and empowering communities through education, EMDUS strengthens public trust and ensures that response teams are always prepared for the unexpected. Our commitment to validating preparedness through exercises and simulations further enh ances response capabilities, ensuring that agencies are well -prepared to face real -world challenges. Ultimately, these proactive measures foster a resilient and well-coordinated emergency management system that minimizes risks and improves disaster response outcomes.

6.3 Response: Effective Coordination Through Established Response Frameworks Response efforts are streamlined and coordinated through the use of standardized systems such as the Incident Command System (ICS), SEMS, and NIMS. These frameworks enable the efficient activation of the Emergency Operations Center (EOC), ensuring a well -organized and effective response to emergencies.

6.3.1 Supporting Field Activities During a Catastrophic Event - During a catastrophic event, it is crucial for the Agency’s EOC to provide vital support to field activities, ensuring coordinated and effective response efforts. This includes managing and supporting operations like urban search and rescue, medical response, and evacuation planning, which require seamless communication and resource allocation. The EOC facilitates real- time information sharing, enabling first responders and partner agencies to make informed decisions quickly. Additionally, the EOC plays a key role in implementing public safety measures, such as sheltering displaced populations and activating alert and warning systems to keep the public informed and safe. This centralized coordination ensures that field operations are well -supported and the overall response is efficient and organized.

When disaster strikes, a swift and coordinated response is essential. Our 24/7 Duty Officer Program ensures immediate action, providing reliable emergency response around the clock. Backed by experienced personnel, strong agency partnerships, and advanced response equipment, we are committed to protecting communities with readiness and expertise.

6.3.2 Dedicated On -Call Duty Officers: Always Ready - EMDUS maintains a team of highly trained duty officers who are on standby 24/7, 365 days a year, ensuring that no emergency goes unanswered. Whether responding to natural disasters like wildfires and floods, or managing hazardous material spills and other critical incidents, our duty officers are always ready to assess the situation, mobilize resources, and coordinate an immediate response.

With their expertise and availability around the clock, EMDUS ensures that communities receive timely, efficient assistance whenever emergencies arise, reinforcing public safety and rapid recovery.

6.3.3 Building Strong Partnerships for Effective Disaster Response - Effective disaster response depends on strong collaboration among various agencies and organizations.

EMDUS works closely with key emergency partners, including the Riverside County Sheriff’s Office, CAL FIRE/Riverside County Fire, county departments, utilities, school districts, local and tribal governments, and private and non- profit organizations. These partnerships enhance coordination by streamlining communication, improving resource sharin g, and ensuring a unified approach to emergency operations. By fostering strong interagency relationships, EMDUS strengthens overall preparedness and response efforts, enabling a more efficient and effective disaster management system that benefits the entire community.

6.3.4 Expert Emergency Operations Center (EOC) Management - In times of crisis, a well - coordinated EOC serves as the backbone of an effective response, ensuring seamless communication and decisive action. EMDUS specializes in expert EOC management, Item Title: 10.10
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transforming it into a centralized hub for coordination and operational efficiency. With Agency’s support, we help ensure the EOC is staffed with trained personnel in key roles, utilizing streamlined processes to maintain control in rapidly evolving situations. By enhancing organization, resource management, and real -time decision -making, our approach strengthens the EOC’s ability to respond effectively to any emergency, safeguarding communities and critical infrastructure.

6.3.5 Optimizing Staff and Enhancing Situational Awareness – EMDUS prioritizes optimizing existing staff by ensuring that key emergency management roles— from the Director of Emergency Services to logistics specialists— are filled by trained professionals who can effectively execute their responsibilities. By leveragi ng advanced tools such as GIS mapping, real -time data tracking, and WebEOC resource management systems, we enhance situational awareness and decision- making capabilities. These technologies provide a c lear, real- time picture of evolving incidents, allowing leadership to visualize critical information, coordinate responses efficiently, and deploy resources where they are needed most. This strategic approach strengthens emergency operations, ensuring a swift and effective response to any crisis. EMDUS ensures that information flows seamlessly across agencies and up to the Operational Area, fostering a unified and proactive response.

Whether managing natural disasters, public health emergencies, or large -scale security incidents, our specialized EOC management services empower organizations to respond rapidly, mitigate risks, and support the community.

6.3.6 Public Information and Crisis Communication - Effective communication is critical during emergencies, ensuring that the public receives timely, accurate, and actionable information. EMDUS’s Public Information & Crisis Communication Team collaborates with the Agency ’s Public Information Officer (PIO) to maintain clear and consistent messaging across all platforms. This includes facilitating press briefings, managing social media updates, issuing emergency alerts, and coordinating with media and community leaders.

By proactively addressing public concerns and preventing misinformation, our team helps build trust, enhance preparedness, and ensure that communities stay informed and responsive during crises.

Response Conclusion: Ensuring Coordinated and Efficient Disaster Response - In times of crisis, effective coordination and seamless communication are critical to managing and mitigating the impacts of a disaster. EMDUS excels in providing structured support through established response frameworks like ICS, SEMS, and NIMS, which st reamline the activation of Emergency Operations Centers (EOCs) and ensure efficient resource allocation and decision- making. Our dedicated duty officers, expert EOC management, and strong p artnerships with key agencies ensure timely, coordinated responses to emergencies. By optimizing staff roles, enhancing situational awareness, and facilitating crisis communication, EMDUS strengthens overall disaster response efforts, helping communities recover more quickly and efficiently. Through these comprehensive efforts, we ensure that agencies are well-prepared and capable of handling any crisis with confidence.

6.4 Recovery: Comprehensive Disaster Recovery and Resilience EMDUS plays a vital role in guiding communities through the recovery process by coordinating damage assessments, facilitating financial assistance, and ensuring the swift restoration of critical infrastructure and services. Our approach includes implementing business continuity and economic recovery strategies to help local economies rebound while planning for long -term community rebuilding and resilience. Additionally, we prioritize mental health and social services support, recognizing the lasting impact disasters have on individuals and families. By providing structured Item Title: 10.10
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recovery efforts and fostering resilience, EMDUS helps communities rebuild stronger, ensuring they are better prepared for future challenges.

6.4.1 Strengthening Communities Through Resilient Recovery - Resilient rebuilding is just as essential as preparedness, ensuring that communities recover effectively and emerge stronger after a disaster. EMDUS supports this process by integrating safer building practices, sustainable solutions, and risk -reduction s trategies into recovery efforts. By focusing on long-term resilience, we help communities not only restore what was lost but also enhance their ability to withstand future challenges.

6.4.2 Securing Vital Disaster Recovery Funding - EMDUS has a proven track record of successfully securing essential recovery reimbursement. Through our expertise in navigating the State and Federal reimbursement processes and meeting compliance requirements, we help communities obtain the necessary funding to support disaster response and short and long-term recovery efforts.

6.4.3 Expertise in FEMA and State Compliance Requirements - EMDUS possesses in- depth knowledge of FEMA and state reimbursement compliance requirements, ensuring that disaster recovery-eligible projects meet all necessary standards. Our team navigates complex regulations and guidelines, helping to maintain and secure eligibility for vital disaster recovery reimbursement.

6.4.4 Hands-On Support for Disaster Recovery and Operational Readiness - EMDUS provides hands-on support to ensure ongoing disaster recovery reimbursement success through continuous training, exercises, and maintaining operational readiness. This proactive approach enhances skills, fosters collaboration, and strengthens overall recovery efforts, ensuring communities are ready to bounce back quickly when disaster strikes.

6.4.5 Collaborative Community Engagement and Recovery - EMDUS emphasizes a collaborative approach to community engagement and recovery, working closely with local governments, organizations, and residents. By fostering strong partnerships and open communication, we ensure that recovery efforts reflect the needs and priorities of the community. This inclusive process strengthens resilience, accelerates recovery, and ensures that all stakeholders are actively involved in rebuilding and improving their environment.

6.4.6 Maximizing Disaster Recovery Funding - No agency is equipped with a dedicated budget for disaster response, and financial constraints often limit available resources. EMDUS understands the importance of recovering funds spent during disaster events. The Disaster Recovery process involves identifying, do cumenting, and submitting eligible expenses for reimbursement, ensuring that agencies are not left to bear the full financial burden of response and recovery efforts. This approach helps alleviate fiscal pressures and supports long-term resilience.

6.4.6.1 Ensuring Maximum Disaster Reimbursement Recovery - As detailed in section

6.1.6.6, agencies have access to various cost- sharing options that can substantially offset disaster- related expenses. However, without careful tracking and documentation, agencies may miss out on millions of dollars in potential reimbursements. To mitigate this risk, EMDUS provides dedicated support through an EMD Recovery Specialist. This specialist helps navigate the complexities of disaster reimbursement, ensuring compliance with funding requirements and optimizing the financial recovery process to maximize reimbursements.

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generation by recouping funds spent on response and recovery efforts. By effectively leveraging reimbursement processes, a gencies can recover costs and return critical resources to their budgets. This strengthens their financial resilience, ensuring that funds are available for future emergency response needs and helping maintain long-term preparedness and recovery capabilities.

6.4.6.3 Proactive Financial Preparedness for Disaster Response - In addition to post - disaster reimbursement, pre -disaster financial preparedness is crucial for ensuring that a gencies are ready to meet evolving eligibility requirements. The EMDUS representative works closely with agencies’ staff to stay ahead of changing funding policies and eligibility criteria, helping to position agencies for success before the next disaster strikes. This proactive approach ensures that resources are available when needed and tha t they are fully prepared for future response efforts.

Conclusion: Strengthening Financial Resilience for Future Disasters - By establishing robust financial tracking, documentation, and compliance practices, EMDUS ensures that a gencies are not only prepared to recover funds after a disaster but also positioned to meet evolving eligibility requirements for future funding opportunities. This proactive approach minimizes financial strain, helps agencies capitalize on available resources, and strengthens long -term resilience. With the right preparedness measures in place, communities can ensure they are ready to respond effectively and recover quickly when the next disaster strikes, reinforcing their abili ty to protect public safety and recover swiftly.

7. Strengthening Leadership and Multi-Agency Coordination EMDUS goes beyond the essential phases of emergency management by offering expert leadership support to ensure streamlined and effective operations. We focus on establishing clear roles and responsibilities, defining the authority of emergency management personnel, and ensuring full compliance with ICS, SEMS, and NIMS standards for seamless coordination. Our approach encourages strong collaboration across multiple agencies, including law enforcement, fire services, EMS, public health, public works, and local government—while also developing mutual aid agreements. We ensure efficient coordination with state and federal agencies, such as CalOES, FEMA, and DHS, for compliance and additional support when needed.

7.1 Access to Exclusive Resources - Partnering with EMDUS grants Agency access to exclusive resources, including automatic inclusion in critical projects such as the LHMP and EOP. Additionally, Agency will benefit from opportunities for grant funding, disaster recovery resources, and specialized training programs. Your assigned ESC also serves as an EMD Duty Officer, bringing real-world expertise and applying best practices from large-scale incidents to enhance your emergency preparedness.

7.2 Commitment to Public Service Excellence - At EMDUS, our foremost priority is to serve the public with dedication, integrity, and efficiency. We are committed to delivering professional, transparent, and effective emergency management support to ensure that communities are well-prepared for any crisis. Our mission is to enhance the readiness of your agency by providing the necessary resources, expertise, and strategies to strengthen resilience and safeguard lives. Through proactive planning, rapid response, and continuous collaboration, we strive to build a safer, more resilient future for all.

7.3 Agency’s First Approach - Your assigned EMDUS Personnel is dedicated primarily to the Agency, ensuring you are fully prepared to respond to and recover from emergencies. However, as part of a mutual aid framework, your EMDUS Personnel may occasionally be deployed to assist in regional disaster response efforts. This opportunity enhances their expertise and brings valuable lessons back to Agency, further improving preparedness and response.

7.4 Extensive Support Network
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EMDUS provides not just assigned personnel, but also access to an extensive support network, including EMD supervisors, managers, and specialized personnel in grant management, disaster recovery, training, and exercises. This partnership ensures that A gency remains at the forefront of emergency management’s best practices, benefiting from the full breadth of our resources and expertise.

7.5 High Professional Standards and Support - EMDUS personnel operate under the highest professional standards, with oversight and support from the County. The County provides standard emergency management equipment, and - specific needs can be accommodated at the Agency’s expense. The EMDUS personnel are equipped with a fully maintained emergency response vehicle, ready to respond to incidents within the assigned area . The Agency is responsible for providing office
space, equipment, supplies, and Agency-labeled attire (e.g., polo) to ensure EMDUS Personnel appropriately represent the Agency. Personnel will be available per your contracted service level, responding promptly to local incidents and coordinating with regional partners as needed.

7.6 Commitments - The success of EMDUS personnel in executing their assigned projects hinges on the full support of the Leadership. Their involvement is vital in providing strategic direction, addressing challenges, and securing the necessary resources for successful implementation.

7.7 Formal Work Plan Sign -off - A key element of this support is the formal sign- off on the three -year Agency work plan. This plan serves as a roadmap for aligning priorities, optimizing workflows, and achieving long -term goals. Establishing clear, measurable, and achievable objectives within this period is essential for ensuring progress and accountability.

7.8 Annual Collaboration Meeting for Enhanced Partnership - EMD Executive staff values open communication and collaboration with the Agency’s Executive staff and believes that regular meetings are essential to maintaining a strong, productive relationship. Therefore, we propose meeting with members of the Executive staff at least once per year. These meetings will provide an opportunity to touch base on ongoing initiatives, discuss evolving needs or concerns, and ensure alignment in working toward shared goals. By fostering open dialogue, we can better understand each othe r’s expectations, identify areas for improvement, and continuously work to exceed those expectations, thereby strengthening our partnership and enhancing overall effectiveness.

7.9 Quarterly Engagement for Continuous Improvement - Leadership and EMDUS personnel must collaborate regularly through quarterly meetings to review ongoing initiatives, assess progress toward established goals, identify potential obstacles, and determine how leadership can provide the necessary support for successful project completion. This consistent engagement will help maintain alignment with the work plan, reinforce leadership’s commitment, and ensure all stakeholders work cohesively to achieve the intended outcomes effectively.

Let EMDUS strengthen your Operational Area’s readiness.

By choosing EMDUS, your Operational Area gains more than an emergency management provider —it gains a dedicated ally committed to protecting public safety, ensuring compliance, and enhancing disaster response and recovery capabilities. Let us handle the complexities of emergency management while you focus on leading your community with confidence.

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EXHIBIT B

PAYMENT PROVISIONS

The Agency shall compensate the County for quarterly EMDUS, as set forth below.

1. Summary of Compensation for EMDUS:

The chart below summarizes the annual rates the County will charge for services under this Agreement. The Agency’s selected option is specified therein.

To ensure Agencies receive the appropriate level of support for their emergency management needs, EMDUS offers a range of service levels tailored to different levels of engagement and operational requirements. Each service level outlines the dedicated time an assigned EMDUS personnel will spend working within the Agency, with additional hours as needed and available. Below is a breakdown of each level of service:

1.1 Service Level I (100%) – EMDUS personnel that are assigned to the Agency will, provide 40 hours of on-site service per week . Any additional hours worked beyond the standard 40 -hour week on behalf of the Agency will be invoiced at the personnel's hourly rate.

1.2 Service Level II (75%) – EMDUS personnel that are assigned to the Agency will provide 30 hours of on-site service per week . Any additional hours worked beyond 30 hrs. within a 40-hour week on behalf of the
Agency will be invoiced for that time at the personnel's actual hourly rate.

OPTION
(X)
ITEM

DESCRIPTION
QUARTER 1

JUL-SEP
QUARTER 2

OCT-DEC
QUARTER 3

JAN-MAR
QUARTER 4

APR-JUN TOTAL
☐
Service
Level II
@ 75% (30 hrs/wk)
$ 36,562.50 $ 36,562.50 $ 36,562.50 $ 36,562.50 $ 146,250.00

1.3 Service Level III (50%) – EMDUS personnel that are assigned to the Agency will provide 20 hours of on-site service per week. Any additional hours worked beyond 20 hrs. within a 40-hour week on behalf of the Agency will be invoiced at the personnel's hourly rate.

OPTION
(X)
ITEM

DESCRIPTION
QUARTER 1

JUL-SEP
QUARTER 2

OCT-DEC
QUARTER 3

JAN-MAR
QUARTER 4

APR-JUN TOTAL
☐
Service
Level III
@ 50% (20 hrs/wk)
$ 24,375.00 $ 24,375.00 $ 24,375.00 $ 24,375.00 $ 97,500.00

1.4 Service Level IV (25%) – EMDUS personnel that are assigned to the Agency will provide 10 hours OPTION
(X)
ITEM

DESCRIPTION
QUARTER 1

JUL-SEP
QUARTER 2

OCT-DEC
QUARTER 3

JAN-MAR
QUARTER 4

APR-JUN TOTAL
☐
Service
Level I
@ 100% (40 hrs/wk)
$ 48,750.00 $ 48,750.00 $ 48,750.00 $ 48,750.00 $ 195,000.00 Item Title: 10.10
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of on-site service per week. Any additional hours worked beyond 10 hrs. within a 40-hour week on behalf of the Agency will be invoiced at the personnel's hourly rate.

OPTION
(X)
ITEM

DESCRIPTION
QUARTER 1

JUL-SEP
QUARTER 2

OCT-DEC
QUARTER 3

JAN-MAR
QUARTER 4

APR-JUN TOTAL
☐
Service
Level IV
@ 25% (10 hrs/wk)
$ 12,187.50 $ 12,187.50 $ 12,187.50 $ 12,187.50 $ 48,750.00

2. Overtime or Extraordinary Costs – These are not included in the established rate. Overtime and extraordinary costs shall be calculated at 1.5 times the current employee rate for EMD staff. They must receive prior approval from the Agency’s authorized agent and the employee's supervisor.

3. Fuel/Mileage:

If ABH is requested, a fuel and mileage rate shall be applied for travel necessary to perform services to the Agency. This rate is in accordance with the current IRS “Standard Mileage Rate ” and is subject to periodic review and adjustment under applicable laws, industry standards, and fluctuating fuel costs. This rate is intended to cover fuel costs, vehicle wear and tear, and other travel -related expenses incurred during service-related travel. Mileage shall be calculated based on the most direct route from the starting location to the service destination and back.

4. Invoicing:

The County will invoice the Agency at the end of each quarter. The payment is due by the 20th of the following month as follows:
• Quarter 1 (July 1- September 30) - due October 30th
• Quarter 2 (October 1- December 31) - due January 30th • Quarter 3 (January 1- March 31) - due April 30th
• Quarter 4 (April 1 - June 30) - due July 30th

EXHIBIT C

WORKPLAN DEVELOPMENT AND IMPLEMENTATION
Service
Level
Hours
Per Week
Total Weekly
Commitment
Estimated Completion
Time (52-Week Basis)
Additional Staff Required to
complete plan in 1 Year
(Agency)

100%
(Full-Time) 40 hours 1 FTE Min. 12 months

0 FTE
75%
(Part-Time High) 30 hours .75 FTE Min. 18 months

Min. .25 FTE
50%
(Part-Time Moderate) 20 hours .50 FTE Min. 21 months Min. .50 FTE 25%
(Part-Time Low) 10 hours .25 FTE Min. 24 months

Min. .75 FTE
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Agreement No.

1. Agency Workplan Development and Implementation
This timeline has been designed to establish clear expectations for each Agency regarding developing emergency management plans. It assumes that full-time equivalent (100%) EMDUS personnel lead the process, with multiple departments contributing to specific sections. Following FEMA’s Comprehensive Preparedness Guide (CPG 101) and the California Office of Emergency Services Crosswalk, the process ensures compliance with federal and state emergency management standards while optimizing efficiency through inte rdepartmental collaboration. Given the full -time commitment of the EMDUS personnel and the engagement from multiple departments, the timeline duration is twelve (12) months. This structure allows for comprehensive research, iterative drafting, meaningful stakeholder engagement, and ri gorous compliance review. It balances the need for thorough planning with the expectation of timely completion, ensuring Agency meets the regulatory requirements while maintaining operational readiness ; however, the information below may not consider significant interruptions or low participation levels from key staff in the planning process.

2. Emergency Operation Plan Development Phases & Timeline This timeline provides a structured approach for an Emergency Operations Plan (EOP), Local Hazard Mitigation Program (LHMP), Continuity of Operations/Government (COOP/COG), etc., with a 100% Full- Time Emergency Manager leading development and multiple departments assisting in writing specific sections.

Plan Development Phases & Timeline (12 Months – 100% Full-Time EM with Department Support)

PHASE KEY ACTIONS ESTIMATED TIMELINE
Phase 1:

Project Initiation &
Stakeholder
Engagement
Form the EOP Planning Team:
- Assign roles and responsibilities
- Review CPG 101 & Cal OES Crosswalk for alignment
- Identify key departments and external agencies for collaboration Months 1-2
Phase 2:

Hazard & Risk
Assessment
Review Local Hazard Mitigation Plan (LHMP):
- Conduct Threat and Hazard Identification and Risk Assessment (THIRA)
- Identify capability gaps & vulnerabilities
- Gather hazard-specific data for wildfires, flooding, earthquakes, rail incidents, hazardous materials, etc.

Months 3-4
Phase 3:

EOP Framework
& Section
Assignments
Develop the EOP framework (Basic Plan, Functional Annexes, Hazard- Specific Annexes):
- Assign specific sections to Fire, Law Enforcement, Public Works, Utilities, Public Health, and Emergency Management
- Cross-reference with Cal OES Crosswalk for compliance Months 5-6
Phase 4:

Writing the EOP –
Basic Plan
Emergency Manager drafts the Basic Plan (Purpose, Concept of Operations, Roles & Responsibilities):
- Develop organizational structure and incident command framework - Integrate emergency communication and coordination procedures Months 6-7
Phase 5:

Writing the EOP –
Functional Annexes
Departments draft their respective Functional Annexes (e.g., Communications, Evacuations, Mass Care, Public Health, Resource Management, etc.):
- Annex content aligns with departmental coordination and response procedures
- Establish activation triggers and operational steps for each function Months 8-9
Phase 6:

Writing the EOP –
Hazard-Specific
Annexes
Departments draft Hazard-Specific Annexes (e.g., Wildfires, Flooding, Rail Incidents, Hazardous Materials, Earthquakes):
- Integrate mitigation strategies and response protocols - Include mutual aid coordination and external agency response roles Months 10-11
Phase 7: Conduct an EOP Planning Team review of the complete draft: Month 11 Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 23

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April 15, 2026
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Agreement No.

Internal Review &
Compliance Check
- Ensure compliance with FEMA, Cal OES, and NIMS/ICS standards - Submit for peer review (Riverside County EMD or partner agency) Phase 8:

Agency Approval &
Adoption
Present final EOP to Agency approving body for approval:
- Obtain required signatures from city leadership
- Officially adopt and distribute the EOP
Month 12
Phase 9:

Training & Public
Outreach
Develop and deliver training for Agency staff, first responders, and key stakeholders:
- Conduct community preparedness outreach (CERT, businesses, schools)
- Plan annual exercises and drills to validate EOP procedures Ongoing
after adoption

3. Emergency Operation Plan Development Phases & Timeline The table below outlines the distinct phases of the planning process, the key actions required within each phase to achieve its objectives, and the estimated timeline detailing the expected duration, sequence of phases, and milestones necessary to complete the Emergency Operations Plan (EOP).

This planning framework can also be applied to other major plans, including but not limited to the Local Hazard Mitigation Plan (LHMP) and Continuity of Operations/Continuity of Government (COOP/COG) plans, etc.

The process follows FEMA’s Comprehensive Preparedness Guide (CPG 101) and the Cal OES Crosswalk, ensuring compliance with federal and state emergency management standards while maximizing efficiency through interdepartmental collaboration.

Due to the part -time schedule and multi -departmental involvement, the timeline is over 18 months, allowing for thorough research, drafting, stakeholder engagement, and compliance review while accommodating limited working hours.

This timeline provides a structured approach for a n Emergency Operations Plan (EOP), Local Hazard Mitigation Program (LHMP), Continuity of Operations/Government (COOP/COG), etc. , with a 50 % Part- Time Emergency Manager leading development and multiple city departments assisting in writing specific sections.

Plan Development Phases & Timeline (18 Months – 50% Part-Time EM with Department Support) Phase Key Actions Estimated Timeline
Phase 1:

Project Initiation &
Stakeholder
Engagement
Form the EOP Planning Team:

Assign roles and responsibilities
Review CPG 101 & Cal OES Crosswalk for alignment
Identify key departments and external agencies for collaboration Months 1-3
Phase 2:

Hazard & Risk
Assessment
Review Local Hazard Mitigation Plan (LHMP):

Conduct Threat and Hazard Identification and Risk Assessment (THIRA) Identify capability gaps & vulnerabilities
Gather hazard-specific data for wildfires, flooding, earthquakes, rail incidents, hazardous materials, etc.

Months 4-6
Phase 3:

EOP Framework
& Section
Assignments
Develop the EOP framework (Basic Plan, Functional Annexes, Hazard- Specific Annexes):
- Assign specific sections to Fire, Law Enforcement, Public Works, Utilities, Public Health, and Emergency Management
Cross-reference with Cal OES Crosswalk for compliance
Months 7-8
Phase 4:

Writing the EOP –
Basic Plan
Emergency Manager drafts the Basic Plan (Purpose, Concept of Operations, Roles & Responsibilities):
- Develop organizational structure and incident command framework Integrate emergency communication and coordination procedures Months 9-10
Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 24

Menifee Mayor and City Council
April 15, 2026
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Agreement No.

Phase 5:

Writing the EOP –
Functional Annexes
Departments draft their respective Functional Annexes (e.g., Communications, Evacuations, Mass Care, Public Health, Resource Management, etc.):
- Annex content aligns with departmental coordination and response procedures
Establish activation triggers and operational steps for each function Months 11-13
Phase 6:

Writing the EOP –
Hazard-Specific
Annexes
Departments draft Hazard-Specific Annexes (e.g., Wildfires, Flooding, Rail Incidents, Hazardous Materials, Earthquakes):
- Integrate mitigation strategies and response protocols Include mutual aid coordination and external agency response roles Months 14-16
Phase 7:

Internal Review &
Compliance Check
Conduct an EOP Planning Team review of the complete draft:
- Ensure compliance with FEMA, Cal OES, and NIMS/ICS standards Submit for peer review (Riverside County EMD or partner agency) Month 17
Phase 8:

Agency Approval &
Adoption
Present final EOP to Agency approving body for approval:
- Obtain required signatures from city leadership
Officially adopt and distribute the EOP
Month 18
Phase 9:

Training & Public
Outreach
Develop and deliver training for Agency staff, first responders, and key stakeholders:
- Conduct community preparedness outreach (CERT, businesses, schools)
- Plan annual exercises and drills to validate EOP procedures Ongoing after
adoption

To meet timeline expectations, it is essential for departments to actively participate and comply with established deadlines throughout the Emergency Operations Plan (EOP) process. Timely engagement ensures that critical information, resource assessments, and operational responsibilities are accurately documented and incorporated into the plan. Departments must provide input, review draft sections, and complete assigned tasks within designated timeframes to prevent delays that could impact overall preparedn ess and compliance with regulatory requirements. Consistent participation also allows for effective coordination between agencies, ensuring that dependencies and response capabilities are aligned. By adhering to deadlines, departments contribute to a struc tured, efficient planning process, ultimately strengthening the Agency’s ability to respond to and recover from emergencies.

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 25

Menifee Mayor and City Council
April 15, 2026
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EXHIBIT D

EMDUS FUNCTIONAL MATRIX

JURISDICTIONAL SERVICE LEVEL
(1)

SERVICE LEVEL I II III IV V

PERCENTAGE OF TIME ASSIGNED TO
JURISDICTION PER 40-HOUR WORKWEEK
100%
(40 hrs/wk)
75%
(30 hrs/wk)
50%
(20 hrs/wk)
25%
(10 hours)
Jurisdictions
that do not have a
contract with
Riverside County EMD COST FOR SERVICE $ 195,000.00 $ 146,250.00 $ 97,500.00 $ 48,750.00

JURISDICTION FREQUENCY OF SERVICE LEVEL
(2)

A B C D E F G H I K

MONTHLY
Once Every
Month

QUARTERLY
Once Every
Four Months

BIANNUAL
Once Every
Six Months
ANNUAL
Once Every
Year

BIENNIAL
Once Every
Two Years

TRIENNIAL
Once Every
Three Years

QUADRIENNIAL
Once Every
Four Years

QUINQUENNIAL
Once Every
Five Years
County Provided
Template or
Sponsored
Training
As
Need Arises
DENOTE:
(1) Jurisdictional Service Level: I-V, Time Element per 40 Hour Work Week, and the Cost of Service (2) Jurisdictional Frequency of Service Level: A-I, Standard Frequency of the Occurrence of Production (*) As EMD staffing is available

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 26

Menifee Mayor and City Council
April 15, 2026
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FUNCTIONAL MATRIX OF RESPONSIBILITIES

DESCRIPTION OF WORK - MITIGATION PHASE
Grants Management
Grants management" in emergency management refers to the process of administering and overseeing federal funds, typically provided by FEMA (Federal Emergency Management Agency), that are allocated to state, local, and tribal governments to enhance their emergency preparedness, response, and recovery capabilities through various grant programs like the Emergency Management Performance Grant (EMPG) - essentially managing the application, distribution, and accountability of these funds for disaster mitigation and related initiatives.

Level of Service I II III IV V
Application review: Assessing grant proposals submitted by eligible entities to ensure they meet program criteria. D D D I-K I-K Award management: Distributing funds based on approved proposals and monitoring project implementation. D D D I-K I-K Reporting and accountability: Grant recipients must properly document their activities and expenditures and submit regular reports to demonstrate program effectiveness. B B B I-K I-K
Compliance oversight: Monitoring adherence to grant guidelines and regulations to prevent misuse of funds. D D D I-K I-K Overall, Grant Support from EMD D D D I-K I-K

Local Hazard Mitigation Plan
In emergency management, "Local Hazard Mitigation" refers to the process of identifying and taking proactive steps to reduce the potential damage and loss of life caused by natural disasters or other hazards within a specific local community, such as a city or county, by implementing preventative measures like land use planning, infrastructure improvements, and public education campaigns to minimize the impact of future disasters. As of 2028, new requirements in Local Hazard Mitigation plans within Emergency Management are likely to heavily focus on incorporating climate change impacts, including detailed analysis of projected extreme weather events like increased flooding, wildfires, heatwaves, and sea level rise, along with specific mitigation strategies to address these climate-driven hazards, potentially requiring nature-based solutions, community resilience building, and adaptation measures to vulnerable populations and infrastructure.

Level of Service I II III IV V
Risk Assessment: Identifying potential natural hazards (e.g., earthquakes, floods, wildfires). Mapping vulnerable areas and critical infrastructure. Assessing the potential impacts of each hazard (loss of life, property damage, economic disruption)

H & K H,K H,K I-K I-K
Capability Assessment: Evaluating existing resources available for mitigation (personnel, equipment, funding). Assessing the community's ability to respond to a disaster. Identifying potential partnerships with other agencies

H,K H,K H,K I-K I-K
Plan Maintenance involves regularly reviewing and updating the plan based on new information and changing conditions, monitoring the implementation of mitigation actions, and engaging the community in the planning process.

D D D D I-K
Public participation: Involving residents, businesses, and community leaders in planning to ensure their needs are addressed. H H H H I-K Collaboration with other agencies: Coordinating with local, state, and federal agencies to leverage resources and expertise. H H H H I-K Legal and regulatory framework: Understanding applicable laws and regulations related to hazard mitigation. H H H H I-K Communication and education: Raising public awareness about hazards and mitigation strategies. H H H H I-K

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 27

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April 15, 2026
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DESCRIPTION OF WORK - PREPAREDNESS PHASE
CA Emergency Services Act Compliance (New City or Non-Accredited City) Mandated by law, the CA Emergency Services Act compliance in emergency management refers to adhering to the regulations outlined in the California Emergency Services Act (ESA), which mandates how state and local agencies must prepare for, respond to, and recover from natural or man-made disasters, essentially requiring them to follow standardized procedures for emergency management within the state of California; this includes using the Standardized Emergency Management System (SEMS) for coordinated responses across different agencies and jurisdictions to be eligible for state disaster assistance funding. A key aspect of compliance is using the SEMS, a standardized system for coordinating emergency response activities across multiple agencies and jurisdictions. Local agencies must comply with the ESA to be eligible for state disaster assistance funding for emergency response costs.

Level of Services I II III IV V
Emergency Organization Coordination and Identification N/A N/A N/A N/A N/A Signator to the California Master Mutual Aid Agreement N/A N/A N/A N/A N/A Operational Area Agreement Review/Update N/A N/A N/A N/A N/A Disaster Ordinance Review/Update N/A N/A N/A N/A N/A
Local Mutual Aid Agreement Review/Update N/A N/A N/A N/A N/A Disaster Service Workers Volunteer Program N/A N/A N/A N/A N/A Disaster Council Coordination N/A N/A N/A N/A N/A

Community Outreach
Community outreach in Emergency Management" refers to proactive efforts to engage with and educate members of a community about potential emergencies, disaster preparedness, and response plans, aiming to build trust, awareness, and collaboration between emergency management agencies and the public to ensure a more effective response during a crisis; essentially, it's about actively reaching out to the community to inform them about how to stay safe and prepared in emergency situations.

Level of Service I II III IV V
Raising awareness: Educating the public about potential hazards, emergency procedures, evacuation routes, and essential contact information. B, J C, J C, J I-K I-K
Communication strategies: Utilizing various communication channels like meetings, workshops, social media, local media, and community events to reach diverse populations. C, J C, J C, J I-K I-K Identifying vulnerable populations: Recognizing and addressing the specific needs of groups that may be disproportionately impacted by emergencies, like seniors, people with disabilities, or low-income communities. D D D I-K I-K Community engagement: Encouraging active participation from community members by involving them in planning processes, volunteer recruitment, and feedback loops. K K K I-K I-K Public education campaigns: Providing information about disaster preparedness kits, family communication plans, and weather alerts D, K D, K D, K I-K I-K
Community training: Offering hands-on training in first aid and basic disaster response skills through the Community Emergency Response Team Training Program D D D I-K I-K
Partnering with local organizations: Collaborating with community groups, faith-based institutions, and businesses to disseminate information and mobilize resources D, K D, K D, K I-K I-K

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 28

Menifee Mayor and City Council
April 15, 2026
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Continuity Of Government
Continuity of Government (COG) is a plan to ensure that a government can function during and after an emergency. It involves a coordinated effort between the executive, legislative, and judicial branches of government.

Level of Service I II III IV V
Essential Functions Identification: Prioritizing the most critical government operations that must continue during an emergency. D D D D I-K Orders of Succession: Defining who will assume leadership roles if primary officials are unavailable. D D D D I-K Delegation of Authority: Clearly outline which individuals are authorized to make decisions during a crisis. D D D D I-K Continuity Facilities: Identifying alternate locations where essential functions can be carried out. D D D D I-K Vital Records Management: Protecting and ensuring access to critical documents and data. D D D D I-K Communication Systems: Maintaining reliable communication channels between leadership and personnel. D D D D I-K Human Resources Planning: Identifying necessary personnel and their roles in continuity operations. D D D D I-K Devolution of Authority: Transferring decision-making power to appropriate individuals based on the situation. D D D D I-K Reconstitution Planning: Strategies to return to normal operations after an emergency. D D D D I-K

Concept Of Operations
The Concept of Operations (CONOPS) section broadly explains the intent of the EOP. The CONOPS presents a clear picture of the sequence and scope of the planned emergency response, what should happen, when, and at whose direction.

Level of Service I II III IV V
Emergency plan goals D D D D I-K
Division of responsibilities D D D D I-K
The sequence of actions—before, during, and after the incident D D D D I-K Requesting resources: (1) Who can request them, (2) Who will fill them, (3) How additional aid will be requested D D D D I-K Direction and control activities D D D D I-K
Alert and warning processes D D D D I-K
Continuity of operations (COOP) matters D D D D I-K

Emergency Operation Plan
An Emergency Operations Plan (EOP) in Emergency Management is a detailed document that outlines the procedures, responsibilities, and coordinated actions an organization or community should take during an emergency or disaster. It provides a structured framework to minimize impacts, facilitate response efforts, and restore normal operations as quickly as possible.

Level of Service I II III IV V
Provide Template K K K K K
Administrative Planning Support & Guidance D, H D, H D, H I, K I, K Plan Development D, H D, H D, H I, K I, K
Periodic Review/Update D, H D, H D, H I, K I, K
Staff Report & Resolution D, H D, H D, H I, K I, K
Departmental Coordination D, H D, H D, H I, K I, K
Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 29

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April 15, 2026
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MASS CARE & SHELTER
Mass care and shelter planning involves providing temporary housing, food, and small and large animal care to people affected by disasters. It also includes coordinating essential services and life- sustaining resources. Mass Care & Shelter Operations cover but are not limited to Care & Reception (C&R), Temporary Evacuation Point (TEP), Cooling or Warming Centers, Congregate Sheltering Short and Long-Term Housing, AB781 – Sheltering of Pets in California, etc.) Level of Service I II III IV V
Plan Development D, K D, K D, K D, K D, K
Provide Template I, K I, K I, K I, K I, K
Administrative Planning Support & Guidance D, K D, K D, K D, K J, K Plan Development D, K D, K D, K D, K J, K
Periodic Review/Update D, K D, K D, K D, K J, K
Evacuation: Moving people away from danger to a safer location D, K D, K D, K D, K J, K Human services: Providing services to disaster survivors D, K D, K D, K D, K J, K Shelter-in-place: Staying in a safe place, such as your home, while taking precautions to protect yourself from the danger D, K D, K D, K D, K J, K Mass care: Providing temporary housing, food, and first aid to people who need it K K K K K Emergency assistance: Providing essential services and statutory programs to disaster survivors K K K K K

Situational Awareness & Common Operating Picture (SA/COP) Situational Awareness (SA) is the comprehensive understanding of an unfolding incident, including its current state, potential hazards, and evolving conditions. At the same time, a "Common Operating Picture" (COP) is a shared view of that situation, ensuring all involved agencies and personnel have access to the same critical information in real-time, allowing for coordinated response efforts; essentially, it's a unified picture of the incident across all levels of response, enabling effective decision-making and collaboration.

Level of Service I II III IV V
Real-time updates: Both concepts rely on continuous monitoring and data collection to provide the most current information about an emergency K K K K K
Information sharing: A COP facilitates information sharing between different agencies and personnel involved in the response, ensuring everyone is on the same page K K K K K
Decision-making tool: By providing a clear picture of the situation, a COP empowers responders to make informed decisions based on the latest data K K K K K
Visual representation: Often, a COP is displayed visually through maps, diagrams, and data overlays on a shared platform, making it easily accessible and understandable K K K K K

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 30

Menifee Mayor and City Council
April 15, 2026
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373 of 909

EMERGENCY OPERATIONS CENTER TRAINING & EXERCISING
An Emergency Operation Center (EOC) is a physical or virtual location from which leaders of a jurisdiction or organization coordinate information and resources to support incident management activities. EOC training courses present an overview of key NIMS principles relating to MACS, public information, resource management, mutual aid, and communication and information management. The EOC is a 24/7 self-sufficient operations hub geared towards training for disaster preparedness and coordinating relief and response efforts during major disasters. The EOC provides a total immersion in the incident-management training environment and allows supervisory-level responders a practical, simulated experience in managing a large-scale incident.

Additionally, an Emergency Operations Center (EOC) is a component of the Multiagency Coordination System that plays a crucial role in emergency management. It coordinates and manages emergency response activities, such as hazard vulnerability assessments, physical site selection, mitigation considerations, information management systems, and training and exercises. Provide Template I II III IV V
Administrative Planning Support & Guidance D, K D, K D, K D, K D, K Plan Development F F F J J
Periodic Review/Update D, K D, K K K K
Departmental Coordination D,K D,K K K K
Training & Exercise Development & Delivery D, K D, K K K K • Standardized Emergency Management System Training D, K D, K K K K • National Incident Management System Training D, K D, K K K K • WebEOC Training D,K D,K K K K
• Alert & Warning Training C, K C, K C, K C, K C, K
• EOC Design & Development E, K E, K E, K E, K E, K
• EOC GAP Analysis D, K D, K D, K D, K I-K
• EOC Systems Testing A A A A I-K
 EOC Computers A A A A I-K
 EOC Video Displays A A A A I-K
 EOC Phones A A A A I-K
 EOC Radios A A A A I-K
• EOC Section-Specific Training D, K D, K D, K D, K D, K • EOC Section-Specific Functional Drill D, K D, K D, K D, K D, K • EOC Position-Specific Training D, K D, K D, K D, K D, K • EOC Position-Specific Functional Drill D, K D, K D, K D, K D, K • EOC Action Planning Process D, K D, K D, K D, K D, K • EOC Functionality Training D, K D, K D, K D, K D, K
• EOC Resource Management D, K D, K D, K D, K D, K
• EOC Communications Training D, K D, K D, K D, K D, K • EOC Transition - Response & Recovery D, K D, K D, K D, K D, K • EOC Drills D, K D, K D, K D, K D, K
Item Title: 10.10
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Menifee Mayor and City Council
April 15, 2026
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• EOC Discussion D, K D, K D, K I-K I-K
• EOC Tabletops Exercise D, K D, K D, K I-K I-K
• EOC Functional Exercise D, K D, K D, K I-K I-K
• EOC Full-Scale Exercises D, K D, K D, K I-K I-K
• EOC After Action D, K D, K D, K I-K I-K
• Volunteer Management D, K D, K D, K I-K I-K

DESCRIPTION OF WORK - RESPONSE PHASE

RESPONSE OPERATIONS
In emergency management, the Response Phase refers to the immediate and short-term actions taken to address the effects of an emergency or disaster. These activities aim to reduce personal injuries, casualties, damage to property, and recovery time. The Response Phase involves coordinating and managing resources using the Standardized Emergency Management System and Incident Command System.

Level of Service I II III IV V
Proficient in local response activities and able to assist in the coordination with other local, state, federal, private/non-profit partners K K K K K
Assist the jurisdiction in responding to incidents and disasters that require the use and operation of an Emergency Operations Center. K K K K K
Risk Assessment: Conduct a thorough risk assessment K K K K K Emergency Response Team (ERT): Manage emergencies effectively K K K K K Emergency Communication Plan: Develop a communication strategy K K K K K Evacuation Plans and Procedures: Outline evacuation procedures D, K D, K D, K D, K I-K Business Continuity Plan: Ensure business continuity during emergencies D, K D, K D, K D, K I-K Training and Awareness Programs: Educate staff on emergency management D, K D, K D, K D, K I-K Incident Documentation and Evaluation: Document and evaluate incidents D, K D, K D, K D, K I-K • Emergency Operations Plan (EOP) components include: D, K D, K D, K D, K I-K  Purpose and Scope: Define the purpose and scope of the EOP D, K D, K D, K D, K I-K  Roles and Responsibilities: Assign responsibilities to different roles D, K D, K D, K D, K I-K • Risk Assessment: Evaluate and address risks D, K D, K D, K D, K I-K • Prevention, Protection, Response, Recovery, and Mitigation: Address these areas in the EOP D, K D, K D, K D, K I-K

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 32

Menifee Mayor and City Council
April 15, 2026
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DESCRIPTION OF WORK - RECOVERY PHASE

DISASTER RECOVERY PLANNING
Disaster recovery in emergency management involves long-term efforts to rebuild infrastructure, restore services, and help communities recover and rebuild after a disaster. It focuses on restoring, redeveloping, and revitalizing communities impacted by a disaster. The recovery phase aims to return a community to pre-disaster functioning levels.

Level of Service I II III IV V
Risk Assessment:

Identifying potential hazards and their potential impacts on the organization. D, K D, K D, K D, K I-K Business Impact Analysis (BIA):

Determining which systems and functions are critical to operations and the consequences of their disruption. D, K D, K D, K D, K I-K Recovery Strategies:

Establishing procedures for data backup, system restoration, and alternate site activation. J, K J, K J, K J, K J, K Communication Plans:

Defining protocols for disseminating information to staff, stakeholders, and the public during a disaster. J, K J, K J, K J, K J, K Roles and Responsibilities:

Assigning specific tasks to individuals within the organization during a recovery process. J, K J, K J, K J, K J, K Testing and Training:

Regularly practicing the DRP to ensure effectiveness and familiarize staff with their roles and responsibilities. J, K J, K J, K J, K J, K Recovery planning within a community is dependent on an active local government. Local governments are encouraged to: J, K J, K J, K J, K J, K Provide leadership in recovery planning and prioritization of goals J, K J, K J, K J, K J, K Determine need and deploy a Local Disaster Recovery Manager (LDRM) or equivalent J, K J, K J, K J, K J, K Incorporate principles of post-disaster planning into the recovery process J, K J, K J, K J, K J, K Coordinate with relevant regional planning organizations that provide resources and/or planning expertise J, K J, K J, K J, K J, K Promote partnerships between nonprofit organizations, faith-based organizations, the private sector or other relevant organizations, and non-traditional and underserved populations throughout the recovery process J, K J, K J, K J, K J, K Review pre-existing plans and cross-check against post-disaster planning priorities J, K J, K J, K J, K J, K Implement a transparent, accountable system to manage recovery resources J, K J, K J, K J, K J, K Manage overall recovery coordination at the local level K K K K K Communicate post-disaster planning as well as organizational and operational needs to the State K K K K K Lead an inclusive and accessible planning process, facilitating practices that comply with applicable laws, including civil rights mandates K K K K K
Enforce all applicable federal worker protection laws for workers employed to rebuild the impacted community. These federal laws include the Fair Labor Standards Act, Occupational Safety and Health Regulations, National Labor Relations Act, and the laws administered by the Equal Employment Opportunity Commission (EEOC)

K K K K K
Implement, coordinate, and manage awareness and outreach efforts to individuals with disabilities, individuals with limited English proficiency, seniors, children, and other members of underserved populations D, K D, K D, K D, K K Disaster Recovery Process Training D D D D D

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 33

Menifee Mayor and City Council
April 15, 2026
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DISASTER RECOVERY OPERATIONS
Disaster recovery operations in emergency management focus on restoring, redeveloping, and revitalizing communities impacted by a disaster. They involve strategies, procedures, and steps to ensure organizations can resume operations quickly and minimize negative impacts. These operations require a team effort at all government and private sector levels.

Level of Service I II III IV V
Issuance of Local Emergency Proclamation within State and Federal guidelines and timelines K K K K K Ensures required accompanying documents to a Local Proclamation of an Emergency K K K K K Ensure jurisdictional that a timely and accurate notification process up to the Operational Area K K K K K Ensure local proclamation is ratified based on State and Federal guidelines and timelines K K K K K Ensure local proclamation is renewed based on State and Federal guidelines and timelines K K K K K Ensure local proclamation is terminated based on State and Federal guidelines and timelines K K K K K Maintain situational awareness of Disaster Recovery pathways, type of Operational Area, State or Federal proclamation/declarations, guide the overall jurisdictional leadership impacts, the services that are available to the jurisdiction, the roles that other jurisdictional Departments play in the recovery process, and completion and closer of jurisdictional disaster projects

K K K K K
Coordinate and facilitate with State and Federal Agencies in conducting individual and/or joint Preliminary Damage Assessments (PDA) to determine losses and recovery needs from that disaster K K K K K Participate with appropriate jurisdictional departments in required application briefings and kick-off meetings to obtain current recovery guidelines. K K K K K
Timely submittal of the “Request for Public Assistance” to ensure the jurisdiction is eligible to participate in the disaster recovery process and the preservation of jurisdictional reimbursement K K K K K Ensure that the Recovery Scoping Meeting is scheduled in a timely meeting and that all jurisdictional department representatives are present K K K K K
Ensure the list of jurisdictional projects is submitted in a timely manner to preserve jurisdictional reimbursement K K K K K Ensure all required reports are submitted based on the State and/or Federal timelines to preserve jurisdictional reimbursement K K K K K Based on State and Federal timelines, the status of all completed work in all categories K K K K K As a worst-case scenario, submit a time extension request(s) prior to the last approved project deadline K K K K K Within State and Federal guidelines, notify the state and/or federal oversight entities of any project cost overruns K K K K K Within State and Federal guidelines, notify the state and/or Federal oversight entities of any potential to appeal K K K K K Within State and Federal guidelines, ensure that all documentation is submitted close-out K K K K K

Item Title: 10.10
Agreement with the County of Riverside for Emergency Services Coordinator Services Item Page Number: 34

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April 15, 2026
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior
Improvement Project
MEETING DATE: April 15, 2026
TO: Mayor and City Council
PREPARED BY: Michael To, Project Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Deeb Construction, Inc. for construction services for the Cherry Hills Facility Improvements - Phase I, Capital Improvement Program (CIP) Project No. 23-13, located at 26800 Cherry Hills Boulevard, in a total amount not-to-exceed amount of $980,000; and

2. Adopt two budget amendment resolutions (BARs) authorizing the appropriation of a transfer out in the amount of $30,000 from available fund balance in Fund 1110 IT ISF and into expenditures within the Capital Projects Fund 4320 to the Project account.

DISCUSSION
The Cherry Hills Facility Improvements – Phase I Project, CIP No. 23-13 (Project), located at 26800 Cherry Hills Boulevard, is a project to provide interior improvements to an existing building that was previously operating as a Bank of America for the Sun City community. The City purchased the 9,800 square-foot facility in April 2023 with the intention of providing additional space for the expanding Menifee Police Department (MPD), which currently operates out of a leased satellite office located in the nearby Cherry Hills Plaza.

During the Project’s planning and design phase asbestos abatement was completed throughout the building structure. Phase I would now provide improvements to approximately 3,064 square feet of the facility to accommodate MPD staff. The Project scope includes addition of a new partition wall, reconstruction of the public lobby, restrooms, and kitchen area, as well as office areas and workstations for 20 officers. Improvements would also upgrade existing electrical, plumbing, and HVAC systems, security systems, windows, and access doors, as well as retrofit the existing parking lot and walkways to comply with current Americans with Disabilities Act (ADA) standards.

Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 1

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April 15, 2026
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City of Menifee Staff Report
CIP 23-13 Deeb Construction Inc Agreement
April 15, 2026

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The proposed improvements would allow the facility to house assigned MPD personnel and would provide additional space for future City Hall staff, as needed. The Project supports the City’s Strategic Plan Goal to enhance public safety by creating an additional MPD location to serve the public and provide additional access to safety service in the northeastern portion of the City.

On March 16, 2026, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of 14 bid responses as summarized in Table 1 below.

TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Base Bid
Amount
Lowest and
Responsible Bidder
Architects/Engineers Estimate $1,261,510
Wakeco Inc. $969,800.00
Deeb Construction Inc $980,000.00 X
YMC $1,044,505.00
Co Brothers LLC $1,099,000.00
Blackstar Contractors, Inc $1,129,630.00
Loghmani & Associates, Inc. $1,161,759.52
Rdependable Const Inc $1,184,000.00
Spec Construction Co Inc $1,186,700.00
CALTEC Corp. $1,265,000.00
Empire Design & Build $1,295,000.00
Blackstone Builders Inc. $1,300,534.00
ZZ Construction Inc. $1,327,000.00
MLC Constructors Inc $1,399,890.00
Caliba Inc. $1,405,000.00
Staff reviewed the bid submissions and determined the initial apparent lowest bidder to be non- responsive based on the total percentage of subcontracted work proposed exceeding the bidding requirements. In turn, staff reviewed the next lowest bidder submission and determined that Deeb Construction, Inc. (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services submitted by the Contractor is $980,000. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance, materials testing, network, cabling, and security systems installation, and design services support, would be procured separately.

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

Projected Construction Start: May 2026
Projected Construction End: December 2026
City Council Acceptance: April 2027
The timeline above assumes no delays due to weather or unforeseen conditions.

The amount of the proposed agreement exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.

Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 2

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April 15, 2026
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City of Menifee Staff Report
CIP 23-13 Deeb Construction Inc Agreement
April 15, 2026

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STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Contract with Deeb Construction Inc., is in the total amount not- to-exceed $980,000. The total anticipated fiscal impact for the construction phase of the Project is $1,220,760, which includes the cost of the Contract, required ancillary services such as materials testing, labor compliance, network installation, design services support, as well as unforeseen costs that may arise during construction. Funding for the proposed Contract is available in the FY 2025/2026 Capital Project budget within the Measure DD – Quality of Life (QOL) Fund (4320-PWD-CIPS-905-01105-690000).

Costs to establish network connectivity and security systems for the Project are estimated at $80,000 and are reflected in the total construction phase cost of $1,220,760. A portion of this work is planned to be supported with available Information Technology (IT) Department funds, as shown in Table 2 below.

TABLE 2 –CAPITAL PROJECTS BUDGET
Funding Project String No. Available
Budget
Anticipated
Cost
Quality of Life (4320-PWD-CIPS-905-01105-690000)
CIP23-13.1105.CON.CAE $1,191,116.54 $980,000.00
Information
Technology
(4320-PWD-CIPS-905-01110-690000)
CIP23-13.1110.CON.CAE $30,000.00 $30,000.00
TOTAL $1,221,116.54 $1,110,000.00
As such, an additional budget appropriation in the amount of $30,000 is being requested from Fund 1110 IT ISF to support a portion of the required network, cabling, and security installation at the facility, as shown in Table 3 below.

TABLE 3 – PROPOSED APPROPRIATION BUDGET
Fund Account Number Account Appropriation
of Revenue
Appropriation of
Expenditures
IT Fund Transfer Out 904320 $30,000
Capital Projects Transfer In 801110 $30,000
Capital Projects Expenditure – CIP Budget 690050 $30,000

ATTACHMENTS

1. Project Location Map

2. Agreement

3. Budget Amendment Resolution – Fund 1110

4. Budget Amendment Resolution – Fund 4320
Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 3

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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CherryHills_FacilityImprovements\CherryHills_FacilityImprovements.aprx Date: 3/18/2024 Cherry Hills Facility Improvements - Phase 1
(CIP 23-13)
Project Location Map
Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 4

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2671/031858-0001
20841204.11 a03/11/26

CITY OF MENIFEE

CONTRACT SERVICES AGREEMENT
CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS PHASE I PROJECT THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2026 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DEEB CONSTRUCTION, INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agr eement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services ”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit A, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services . The term of this Agreement shall begin on April 1 5, 2026.

Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until the later of (1) final written approval and acceptance of the work performed under this Agreement by the Contract Administrator and (2) City’s payment of Contractor’s final invoice for the Services pursuant to Section 2.3. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, Item Title: 10.11
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competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. C ontractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions . For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulat ions, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any cor rective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such Item Title: 10.11
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corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separat e agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, t o the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier , hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance . The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

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

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during t he term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any Item Title: 10.11
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delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restr ictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

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

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

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

1.10 Special Provisions. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Provisions” attached hereto as Exhibit A Item Title: 10.11
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and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed NINE HUNDRED EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($ 980,000.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Such invoices shall be submitted to City no later than the fifteenth (15 th) of each
month for all such amounts for the prior calendar month. Contractor’s final invoice shall be submitted to City no later than thirty (30) days following City’s written acceptance of the completed Services pursuant to Section 1.2. Where requested by City in writing, the invoice shall detail charges for all necessary and actual expenses by the following cate gories: labor (by sub - category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. Where requested by City in writing, , for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Ser vices, and each reimbursable expense;
Item Title: 10.11
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e. Where requested by City in writing, The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B;
f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

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

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

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City , or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion Item Title: 10.11
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of the Services , the securities shall be returned to Contractor . Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

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

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

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

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

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor’s final invoice for such Services and reimbursable expenses shall be submitted to City within thirty (30) days of the date of City or Contractor’s notice of termination pursuant to Section 8, as applicable. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

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

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment . Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to Item Title: 10.11
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perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

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

Contractor shall not be assessed liquidated dama ges for delay arising from the removal or relocation of such unidentified utility facilities.

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of Item Title: 10.11
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insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the requi red bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter - insured suits between City and other insureds. Contractor agree s that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waiv ed by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

Item Title: 10.11
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I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 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 sha ll be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of C overage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.

Item Title: 10.11
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a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance . Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of C overage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 23- 13 CHERRY HILLS FACILITY IMPROVEMENTS PHASE I PROJECT . The name and Item Title: 10.11
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address for additional insured endorsements, certificates of insurance and notice of cancellation is:

City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage . Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional ins ured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage . The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self -Insured Retentions . Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrato r, Contractor may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deduct ible or self -insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the Item Title: 10.11
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coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

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

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

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute , at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and Item Title: 10.11
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nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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

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

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

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

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

The personnel performing the Services und er this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement , City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Servi ces hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become Item Title: 10.11
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entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor wi th only such obligations as are consistent with that role.

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages . Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws , including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code . It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services , including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in Item Title: 10.11
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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/DPreWageDetermination.htm . Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(i) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said S ection. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (ii) Pursuant to California Labor Code Section 1810 , it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iii) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (iv) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(v) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub- consultants or subcontractors employed by Contractor in connection with this Agreement.
(vi) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

Item Title: 10.11
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d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

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

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

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

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual Item Title: 10.11
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appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request for Proposals (usually located in the Special Provisions thereof) referenced therein, if any, or if no amount is set forth therein, the sum of ONE THOUSAND DOLLARS ($1,000.00), fo r each consecutive calendar day in excess of the time specified for completion of the Work . City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

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

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may b e specifically approved by the Contract Administrator.

8.4 Administrative Change Orders . City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perfo rm of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor wi th compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor Item Title: 10.11
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for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

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

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

Moreover, a substa ntial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the expr ess consent of City.

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

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

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

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data . All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, a nd Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarant ee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.

9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials .

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpe tual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials . Contractor makes no such representation and w arranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Item Title: 10.11
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Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Any and all reports prepared pursuant to this Subsection are in addition to the reports required by the Special Provisions, if any.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or Item Title: 10.11
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rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)
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(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement f or directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration . This Agreement shall be administered by a City employee, Michael N. To , Project Manager, Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or designee.

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

Deeb Construction, Inc.

Attn: Ahmad Deeb
954 Reed Drive
Claremont, CA 91711
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michael N. To, Project Manager, Engineer
with a copy to:

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

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served Item Title: 10.11
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personally or sent by prepaid, first -class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section.

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

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of per sons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure tha t applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential Item Title: 10.11
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financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

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

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONTRACTOR

Ahamad Deeb, President

Ahamad Deeb, President

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

EXHIBIT A

SPECIAL PROVISIONS
[INTENTIONALLY OMITTED]

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EXHIBIT B

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 23-13 CHERRY HILLS FACILITY IMPROVEMENTS PHASE I PROJECT services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed NINE HUNDRED EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($980,000.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

The numerical reference for the Bid Package or Request for Proposals is: NIB 2026-09.

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RESOLUTION NO. 26-____

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 – INFORMATION TECHNOLOGY FUND 1110
EXPENDITURE ADJUSTMENT – INFORMATION TECHNOLOGY FUND 1110

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
1110-57-PWD-CIPS-905-00000-
904320-
4320-57-PWD-CIPS-905-00000-
801110-
$30,000.00
TOTAL: $30,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
TOTAL:

CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
April 15, 2026
CIP 23-13 Cherry Hills Facility
Improvements – Phase I cabling
1110-57-PWD-CIPS-
905-00000-904320- $30,000.00
Total $30,000.00
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Amending the Fiscal Year 2025/26 Information Technology Fund Budget CIP 23-13 Cherry Hills Facility Improvements – Phase I Cabling 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 Information Technology Fund 1110 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – INFORMATION TECHNOLOGY FUND 1110
PASSED, APPROVED AND ADOPTED this 15th day of April, 2026. _____________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $6,339,024.00 $100,000.00 $0.00 $6,439,024.00
Expenditures $6,869,324.00 $297,223.84 $30,000.00 $7,196,547.84 Item Title: 10.11
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RESOLUTION NO. 26-____

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
1110-57-PWD-CIPS-905-00000-
904320-
4320-57-PWD-CIPS-905-00000-
801110-
$30,000.00
TOTAL: $30,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
April 15, 2026
CIP 23-13 Cherry Hills Facility
Improvements – Phase I cabling
4320-57-PWD-CIPS-
905-00000-801110- $30,000.00
TOTAL: $30,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
April 15, 2026
CIP 23-13 Cherry Hills Facility
Improvements – Phase I cabling
4320-55-PWD-CIPS-
905-01110-690050- $30,000.00
TOTAL: $30,000.00
Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 38

Menifee Mayor and City Council
April 15, 2026
Page
415 of 909

Amending the Fiscal Year 2025/26 Capital Projects Fund Budget CIP 23-13 Cherry Hills Facility Improvements – Phase I Cabling 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 15th day of April, 2026. _____________________________
Bob Karwin, Mayor Pro Tem
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 $30,269,222.73 $30,000.00 $34,346,927.73 Expenditures $4,963,851.00 $94,780,733.08 $30,000.00 $99,774,584.08 Item Title: 10.11
Bid Award and Agreement with Deeb Construction, Inc. for Construction Services for the Cherry Hills Interior Improvement Project Item Page Number: 39

Menifee Mayor and City Council
April 15, 2026
Page
416 of 909

CITY OF MENIFEE
SUBJECT: Quitclaim Deed to Western Pacific Housing, Inc., a Delaware Corportation, Drainage Easements Associated with Tract Map 28921-1
MEETING DATE: April 15, 2026
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a quitclaim deed for drainage easements to Western Pacific Housing, Inc., a Delaware corporation, formerly known as Schuler Homes Holdco, Inc., a Delaware corporation, successor by merger to Western Pacific Housing – Menifee, LLC, a Delaware limited liability company for Tract Map 28921-1 Lots 11 and 12 located south of Butterwood Drive and west of Country Fair Drive.

DISCUSSION
Tract Map 28921-1 (TM28921-1) was entitled and recorded under the County of Riverside’s (County) authority, prior to the City’s incorporation. TM28921-1 completed construction, and all residential lots were developed and sold, except for lots 11 and 12. Lots 11 and 12 were initially utilized for drainage purposes and correlating easements were conveyed to the County at the time of map recordation. Upon the City’s incorporation, these easements were automatically transferred to the City.

Western Pacific Housing, Inc., a Delaware corporation, formerly known as Schuler Homes Holdco, Inc., a Delaware corporation, successor by merger to Western Pacific Housing – Menifee, LLC, a Delaware limited liability company (Developer) has now requested a quitclaim of the drainage easements from the City to the Developer with the intent to develop lots 11 and 12 into single-family residential homes. The Developer has provided evidence to the City that the drainage easements are no longer necessary as the neighboring developments have installed permanent drainage infrastructure that has rendered the drainage facilities within lots 11 and 12 unnecessary.

Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 1

Menifee Mayor and City Council
April 15, 2026
Page
417 of 909

City of Menifee Staff Report
Quitclaim Drainage Easement TM28921-1 Lots 11 & 12
April 15, 2026

3 2
7 2
The proposed Easement Quitclaim Deed (Quitclaim) would transfer the existing blanket drainage easement across lots 11 and 12, as well as a 10-foot-wide drainage easement for a drainage structure, to the Developer. Once transferred, the drainage structure would be removed by the Developer as part of the residential development of the lots.

Upon City Council approval, the proposed Quitclaim would be executed and returned to the Developer for acceptance and recordation with the Riverside County Clerk Recorder’s Office. It is important to note that approval of the proposed Quitclaim would not eliminate or reduce the current City street right-of-way.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with approval of this item.

ATTACHMENTS

1. Project Location Map

2. Tract Map 28921-1

3. Easement Quitclaim Deed QC26-001
Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 2

Menifee Mayor and City Council
April 15, 2026
Page
418 of 909

Project Location Map for TM29821-1
29821-1

NORMANDY RD

LA LADERA RD

GOETZ RD

NEWPORT RD
LOT 11
LOT 12

BUTTERWOOD DR

COUNTRY FAIR DR
Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 3

Menifee Mayor and City Council
April 15, 2026
Page
419 of 909

Item Title: 10.12
Quitclaim Deed to Western Pacific Housing, Inc., a Delaware Corportation, Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 4

Menifee Mayor and City Council
April 15, 2026
Page
420 of 909

Item Title: 10.12
Quitclaim Deed to Western Pacific Housing, Inc., a Delaware Corportation, Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 5

Menifee Mayor and City Council
April 15, 2026
Page
421 of 909

Item Title: 10.12
Quitclaim Deed to Western Pacific Housing, Inc., a Delaware Corportation, Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 6

Menifee Mayor and City Council
April 15, 2026
Page
422 of 909

Item Title: 10.12
Quitclaim Deed to Western Pacific Housing, Inc., a Delaware Corportation, Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 7

Menifee Mayor and City Council
April 15, 2026
Page
423 of 909

Exempt from Recording Fees
Per Cal. Gov. Code Sections 6103, 27383 and Cal. Rev. & Tax Code Section 11922
APN: 339-411-011 339-411-012
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EASEMENT QUITCLAIM DEED QC26-001
For valuable consideration, receipt of which is hereby acknowledged, THE CITY OF MENIFEE, a municipal corporation (“Transferor”), hereby releases, remises and quitclaims to Western Pacific Housing, Inc., a Delaware corporation, formerly known as Schuler Homes Hold co, Inc., a Delaware corporation, successor by merger to Western Pacific Housing - Menifee, LLC, a Delaware limited liability company (“Transferee”), all right, title and interest in those certain drainage easements affecting real property in the City of Menifee, County of Riverside, State of California, described on Exhibit A in the areas as depicted on Exhibit B both of which are attached hereto and incorporated in this Quitclaim Deed by this reference.

DATED:

THE CITY OF MENIFEE
a municipal corporation
By:

ATTEST: Print Name:

Title:

Print Name:

City Clerk
WHEN RECORDED MAIL TO:

City Clerk
The City of Menifee
29844 Haun Rd
Menifee, CA 92586 ·
Mail copy of Quitclaim Deed and Tax
Statements to:

D.R.HORTON
980 MONTECITO DR., SUITE 300
CORONA, CA. 92879
Armando G. Villa
City Manager
Stephanie Roseen
Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 8

Menifee Mayor and City Council
April 15, 2026
Page
424 of 909

Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 9

Menifee Mayor and City Council
April 15, 2026
Page
425 of 909

Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 10

Menifee Mayor and City Council
April 15, 2026
Page
426 of 909

Item Title: 10.12
Quitclaim

Deed

to

Western

Pacific

Housing,

Inc.,

a

Delaware

Corportation,

Drainage
Easements Associated with Tract Map 28921-1
Item Page Number: 11

Menifee Mayor and City Council
April 15, 2026
Page
427 of 909

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC
MEETING DATE: April 15, 2026
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map 37409-4, Legado, by BLC Fleming, LLC, located south of Rouse Road and east of Sherman Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of required public improvements associated with Tract Map 37409-4; and

3. Approve and authorize the City Manager to execute a Public Improvement Agreement for landscape improvements associated with Legado, Tract Map 37409-4, East Park, located south of Rouse Road and east of Sherman Road.

DISCUSSION
Tract Map 37391 (TM37391), also known as Legado (Development), is an approved subdivision consisting of 331 gross acres to be subdivided into 18 lots for residential, commercial, and park use, and 28 lots for roads and utilities. TM37391 was recorded to establish the Project’s planning areas to be further subdivided in the future. The Development is located east of Encanto Drive, south of Rouse Road, west of Antelope Road, and north of Chambers Avenue, as shown in the attached Legado Site Map.

In 2024, Lennar Homes of California, LLC (Lennar) purchased Phase 1 of the Development, entered into improvement agreements with the City for the construction of backbone infrastructure, and began preparing three tract maps within Phase 1. These tract maps (37409-1, 37409-2, 37409-3) were approved by City Council on April 16, 2025.

Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 1

Menifee Mayor and City Council
April 15, 2026
Page
428 of 909

City of Menifee Staff Report
Final Map 37409-4 Legado
April 15, 2026

3 0
2 3
BLC Fleming, LLC (Developer) is now developing Phase 2 (Project). Tract Map 37409-4 (TM37409-4) is a proposed subdivision of 22.67 gross acres of land into 84 single-family residential lots and a future 2.05 acre community park (East Park). TM37409-4 is located south of Rouse Road and east of Sherman Road, as shown in the attached Project Site Map.

The Developer is now requesting approval and filing of the final map for TM37409-4 and approval of the associated Subdivision Improvement Agreement (Agreement) as required by the Project’s conditions of approval. The Agreement requires that improvement securities be posted to guarantee the completion of the required onsite and offsite improvements. The Agreement requires that public improvements be completed within 24 months from the date of City Council approval.

Pursuant to Lennar’s amended Development Agreement (DA) associated with TM37409-4, the East Park improvements are required to be completed prior to the issuance of the 95th certificate of occupancy for Phase I. To satisfy this requirement and ensure compliance with the DA, Lennar is proposing to post improvement security for the required landscape improvements within the TM37409-4 East Park area.

Although Lennar does not hold title to the portion of property on which the East Park improvements would be constructed, they have entered into a license agreement with the Developer, authorizing Lennar to post bonds on behalf of the Developer-owned property. This arrangement allows the required improvements to be secured and constructed in accordance with the DA schedule.

As the fee owner of the property, the Developer would execute the proposed Landscape Improvement Agreement (LIA) associated with the East Park improvements. The bonding provided by Lennar, in conjunction with the executed LIA by the Developer, ensures that the required improvements are financially guaranteed and that the City’s interests are adequately protected. Acceptance of East Park would be brought forward to City Council at a future meeting following completion of construction.

Staff has reviewed the Developer’s request and determined that the Agreement meets the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the following tables.

TABLE 1 – ONSITE PUBLIC IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and Drainage PB03010410944 $ 1,171,000 $ 1,171,000 Water System PB03010410944 $ 250,000 $ 250,000 Sewer System PB03010410944 $ 394,000 $ 394,000
Total $ 1,815,000 $ 1,815,000
TABLE 2 – LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Landscape K42160787 $ 960,500 $ 960,500
Total $ 960,500 $ 960,500
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 2

Menifee Mayor and City Council
April 15, 2026
Page
429 of 909

City of Menifee Staff Report
Final Map 37409-4 Legado
April 15, 2026

3 0
2 3
TABLE 3 – MONUMENT IMPROVEMENTS
Improvement Security
Survey Monuments PB03010410945 $ 127,000
Total $ 127,000
The securities required for all improvements have been provided by the Developer in the total amount of $2,902,500.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of TM37409-4. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017- 1 Annexation 12, Zone 12.

ATTACHMENTS

1. Legado Site Map

2. Project Site Map

3. Final Map

4. Subdivision Improvement Agreement

5. Landscape Improvement Agreement

6. License Agreement

7. Bond – Improvements

8. Bond – Landscape

9. Bond – Monument
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 3

Menifee Mayor and City Council
April 15, 2026
Page
430 of 909

Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 4

Menifee Mayor and City Council
April 15, 2026
Page
431 of 909

INTERSTATE215
LOT 85

EAST PARK
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 5

Menifee Mayor and City Council
April 15, 2026
Page
432 of 909

OWNER'S STATEMENT

MENIFEE CITY CLERK CERTIFICATE

TAX COLLECTOR'S CERTIFICATE

TAX BOND CERTIFICATE
LOT SUMMARY:

SECTION 22, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.

SIGNATURE OMISSIONS
SHEET 1 OF 7 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4

NOTARY ACKNOWLEDGMENT
RTM ENGINEERING CONSULTANTS NOVEMBER, 2021

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENT

BENEFICIARY
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 6

Menifee Mayor and City Council
April 15, 2026
Page
433 of 909

SHEET 2 OF 7 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4RTM ENGINEERING CONSULTANTS NOVEMBER, 2021

NOTARY ACKNOWLEDGMENT

NOTARY ACKNOWLEDGMENT

NOTARY ACKNOWLEDGMENT
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 7

Menifee Mayor and City Council
April 15, 2026
Page
434 of 909

CRESCENDO STREETPIANISSIMO PLACE

BALLAD BOULEVARD

PERCUSSION ROAD

FLAT STREET

STANZA LANE

LEGGERO LANE

ANTELOPEROAD

PASEOLEGADOMARIMBA COURT

VIBRATO DRIVE

ROUSEROAD

MARACAS WAY

TREMOLO STREET
56 7

MONUMENT NOTES
SHEET INDEX:

EASEMENT NOTES
SURVEYOR'S NOTES AND LEGEND:

VICINITY MAP
INTERSTATE215
BASIS OF BEARINGS:

PROJECT
ENVIRONMENTAL CONSTRAINT NOTE: C.F.D. NOTE:

INDEX MAP
SHEET 3 OF 7 SHEETSIN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4 SITE
RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 DECLARATION OF COVENANTS:

ABBREVIATION DEFINITION LEGEND:

Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 8

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April 15, 2026
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C/L BALADBOULEVARD

C/L BALLAD BOULEVARD

C/L LEGGERO LANEC/L PERCUSSION ROAD

C/L ALEGRO COURTC/L VIBRATO DRIVE

C/L FLATSTREET

C/L STANZALANE

C/L CHAMBERS AVENUE

C/L MARIMBA COURT

C/L MARACAS WAY

C/LANTELOPEROAD

C/L ANTELOPE ROAD

C/L ROUSE ROAD

BOUNDARY SHEET
SHEET 4 OF 7 SHEETS NOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 9

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April 15, 2026
Page
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123456789
484950515253545556
57585960
81828384 LOT "C"
LOT "F"CRESCENDO STREET

PIANISSIMO PLACE
TREMOLO STREET87 L.S.
47 10
61 80
LINE TABLECURVE TABLELOT "D"

BALLADBOULEVARD

PERCUSSION ROAD

VIBRATODRIVE

PASEO LEGADO MARIMBA COURT
86 L.S.

PARK85 O.S.

LOT "E"
SEE SHEET 6
SHEET 5 OF 7 SHEETS NOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 10

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April 15, 2026
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CURVE TABLECURVE TABLELINE TABLE
9 1011121314151617181920
21 22
23 24
25 26
27 28
29 373839404142434445464748
6061626364656667686970
7172737475767778798081
LOT "C"
LOT "D"

CRESCENDO STREET

PIANISSIMO PLACE

STANZA LANE
LOT "A"
30 ANTELOPEROAD

CURVE TABLE
SEE SHEET 5
SEE SHEET 6
SHEET 6 OF 7 SHEETSNOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 11

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April 15, 2026
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ROUSEROAD
24 25
26 27
28 29
30 31
32 33
34 35
36 37383940
67686970
88 L.S.

LOT "B"

PERCUSSION ROAD

STANZA LANE
FLAT STREET88 L.S.

LOT "A"

LEGGEROLANE

ANTELOPEROAD

CRESCENDO STREET
LOT "G"

LINE TABLECURVE TABLE
SEE SHEET 6
SEE SHEET 6
SHEET 7 OF 7 SHEETS NOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 12

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April 15, 2026
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C/L BALLAD BOULEVARD

C/L LEGGERO LANEC/L PERCUSSION ROAD

C/L ALEGRO COURTC/L VIBRATO DRIVE

C/L FLATSTREET

C/L CHAMBERS AVENUE

C/L MARIMBA COURT

C/L MARACAS WAY

C/LANTELOPEROAD

C/L ANTELOPE ROAD

C/L ROUSE ROAD
1234567891011121415161718 13192021222324252627282930313233343536 3738394041424344454647484950515253545556
57585960616263646566676869707172737475767778798081828384 86 L.S.
85 O.S.87 L.S.

CRESCENDO STREETPIANISSIMO PLACE

STANZA LANE

TREMOLOSTREETPARK
88 L.S.

LOT "C"LOT "D"
LOT "E"
LOT "A"
LOT "B"
LOT "F"
LOT "G"
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIATRACT NO. 37409-4SHEET 1 OF 1 SHEETS ENVIRONMENTAL CONSTRAINT SHEET ENVIRONMENTAL CONSTRAINT NOTES: (FILED IN BOOK 100 PAGE 143)NOTICE OF AIRPORT IN VICINITY: RTM ENGINEERING CONSULTANTS NOVEMBER, 2021 Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 13

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 14

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April 15, 2026
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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 15

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 16

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 17

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 18

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 19

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 20

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 21

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 22

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 23

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 24

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 25

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 26

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 27

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 28

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 29

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 30

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 31

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 32

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 33

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 34

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 35

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 36

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 37

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 38

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Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 39

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 40

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Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 41

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Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 42

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Final Map, Agreement, and Bonds for Tract Map 37409-4, Legado, by BLC Fleming, LLC Item Page Number: 47

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Item Title: 10.13
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CITY OF MENIFEE
SUBJECT: Notice of Completion, Acceptance and 90% Release of Securities for Tract Map 29835-2, Underwood, by KB Home Coastal, Inc.

MEETING DATE: April 15, 2026
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for landscape for Tract Map 29835-2, Underwood, by KB Home Coastal, Inc., located along Antelope Road between McLaughlin Road and McCall Boulevard in the northeast portion of the City; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office; and

3. Authorize the City Engineer to release 90% of the posted securities per the City’s standard policies.

DISCUSSION
KB Home Coastal. Inc. (Developer) is the developer of Tract Map 29835 (TM29835), a development of 514 single- family residential lots on 235 acres, a nine -acre park, and 71.6 acres of open space through Tract Map phases TM29835-1, TM29835-2, TM29835-3, TM29835-4 and TM29835-F of Underwood (Project). The Project is located along Antelope Road between McLaughlin Road and McCall Boulevard in the northeast portion of the City.

The Developer has now completed the public landscape improvements for phase 2 of the Project along portions of the Project frontage (Antelope Road) and is requesting acceptance of the improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all Project conditions of approval have been met to release the faithful performance securities and labor and materials securities in accordance with City policy.

Item Title: 10.14
Notice of Completion, Acceptance and 90% Release of Securities for Tract Map 29835-2, Underwood, by KB Home Coastal, Inc.

Item Page Number: 1

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City of Menifee Staff Report
Landscape Improvement Acceptance TM 29835-2
April 1, 2026