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As part of the Memorandum of Understanding with the City made on March 5, 2025 (“LMWC MOU”), the Lake Menifee Women’s Club holds exclusive rights to organize and operate the beer garden at the Independence Celebration, including the right to forfeit this exclusive right to allow another organization selected by the City to operate it. For the 2026 event, the Lake Menifee Women’s Club elected not to operate the beer garden. While there is no anticipated cost impact to the City budget, and thus no requirement for competitive bidding or procurement under the City’s Procurement Rules and Procedures, staff sought to ensure a fair and transparent selection process for parties interested in providing a beer garden by issuing a Request for Proposals (RFP).
On January 26, 2026, the City of Menifee issued Request for Proposal (RFP) No. 2026-07 for Beer Garden Management Services for the Independence Celebration Event (Non-Profits).
Proposal responses were due on March 2, 2026. One (1) proposal was received in response to the solicitation. Following a comprehensive and objective evaluation process, the City selected Golden State Concessions and Catering, Inc. and Inland Empire Community Foundation/Thunder Cares, which is the non-profit foundation of the Lake Elsinore Storm. These vendors were selected based on their experience and ability to meet operational and regulatory requirements.
As there will be no monetary exchange, the beer garden will be operated through a partnership established by the proposed Memorandum of Understanding (MOU) between the City of Menifee, the Inland Empire Community Foundation, and Golden State Concessions and Catering, Inc.
Under this MOU, the Inland Empire Community Foundation and Golden State Concessions and Catering, Inc., would be responsible for all aspects of beer garden operations, including setup, alcohol service, staffing, security, and compliance with all applicable laws and permitting requirements.
While the RFP only contemplated organization of the beer garden for 2026, staff recommend entering into the proposed MOU for a period of five (5) years, which would enable staff to direct Golden State Concessions and Catering, Inc. and Inland Empire Community Foundation/Thunder Cares to organize the beer garden by providing annual written notice. This structure would enable a consistent backup vendor for the remaining term of the LMWC MOU and subsequent years where City seeks a vendor to organize and operate the beer garden. Since the services would be the same annually to those indicated in the RFP, staff believe the award of a longer-term MOU to the successful proposers is appropriate for this no-cost MOU.
The proposed MOU with Golden State Concessions and Catering, Inc., and Inland Empire Community Foundation has a five-year term that would end on June 30, 2031. For each year after the June 27, 2026, Independence Celebration Event, the City is to provide written notice to Golden State Concessions and Catering, Inc., and Inland Empire Community Foundation by February 1st that the City desires for these organizations to organize and operate the beer garden for that calendar year. If the City does not provide said written notice to Golden State Concessions and Catering, Inc., and Inland Empire Community Foundation by February 1st of a given calendar year, they will not organize and operate the Beer Garden.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 2
Menifee Mayor and City Council
June 3, 2026
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City of Menifee Staff Report
MOU with Golden State Concessions and Catering, Inc. and Inland Empire Community Foundation for the Independence Celebration Event Beer Garden June 3, 2026
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MOU Highlights
•5-year term ending June 30, 2031; however, the Lake Menifee Women’s Club will retain the initial exclusive right to organize and operate the beer garden, and the right to forfeit its exclusive right to organize and operate the beer garden for each event year during the term of the LMWC MOU.
•All costs and operations are solely the responsibility of vendor •Security guard oversight throughout the event
•Fencing to enclose all areas of the Beer Garden
•Portable restroom and handwash station inside fenced area •Adequate event lighting and power supplied by the vendor •Vendor to maintain all permits, licenses, and insurances necessary to operate the beer garden
Either party may terminate the proposed MOU with ninety (90) days written notice, as per the MOU terms.
The inclusion of the beer garden is intended to enhance the event experience while continuing to support nonprofit partnerships and maintain a well-managed and regulated environment.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Memorandum of Understanding
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 3
Menifee Mayor and City Council
June 3, 2026
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2671/031858-0001
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MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on ___________________ (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation (“City”), GOLDEN STATE CONCESSIONS AND CATERING , INC., a California corporation and INLAND EMPIRE COMMUNITY FOUNDATION, a California nonprofit corporation (individually, “Partner Organization,” and collectively, “Partner Organizations”). City and Partner Organizations may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. GENERAL TERMS.
1.1 Special Provisions. The Parties may agree to additional, supplementary, or modified terms and conditions to those contained in this MOU which shall be set forth in Exhibit A attached hereto and incorporated herein by this reference.
1.2 Term of MOU. The term of this MOU shall begin on June 3, 2026 and shall end on June 30, 2031 unless the term of this MOU is otherwise terminated or extended as provided in this MOU. This Section 1.2 shall not affect the Parties’ rights to terminate this MOU set forth in Sections 1.3 and 1.4.
1.3 Termination. Either Party may terminate this MOU upon ninety (90) days’ written notice to the other Party. Upon termination each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.
1.4 Remedies for Breach. In the event of a default of the terms of this MOU 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 MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default. The Parties may agree in writing to a longer or shorter Cure 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 nondefaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity. Upon an uncured default by Partner Organization, City may secure an alternate Partner Organization to perform the Partner Organization Services and charge Partner Organization the difference between the cost to complete the Partner Organization Services that are unfinished at the time of breach and the cost to the City had no Partner Organization default occurred.
1.5 Agreement and Exhibits. The exhibits attached to this MOU are incorporated herein by this reference. In the event of any discrepancy between this MOU and any Exhibit, the order of precedence shall be: (1) Exhibit A, (2) this MOU, (3) Exhibit B, (4) Exhibit C.
1.6 City Contract Administration. This MOU shall be administered by a City employee, Michael Rinehart, Community Services Supervisor (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of the City for all purposes under this MOU. Unless otherwise provided in this MOU, Partner Organization shall not accept direction or orders from any person other than the Contract Administrator or his designee.
1.7 Correspondence. All matters under this MOU shall be handled for GOLDEN STATE CONCESSIONS AND CATERING, INC., by SHAUN BROCK (“Partner Item Title: 10.11
Memorandum
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Golden
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Catering,
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Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 4
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Organization’s Representative”) and INLAND EMPIRE COMMUNITY FOUNDATION by PAULA MYLES (“Partner Organization’s Representative”). Partner Organization’s Representative shall have full authority to represent and act on behalf of Partner Organization for all purposes under this MOU. Partner Organization’s Representative shall supervise and direct the Partner Organization Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Partner Organization Services. All correspondence for City under this MOU shall be directed to or through the Contract Administrator or designee. Except as set forth in Section 3.3, the Contract Administrator shall have the power to act on behalf of City for all purposes under this MOU. Unless otherwise provided in this MOU, Partner Organization shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.8 Notices. Written notices under this MOU shall be provided to the following addresses:
To City:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Michael Rinehart, Community
Services Supervisor
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
To Golden State Concessions and
Catering, Inc.:
Golden State Concessions and Catering,
Inc.
500 Diamond Drive
Lake Elsinore, CA 92530
Attn: Shaun Brock
To Inland Empire Community Foundation:
Inland Empire Community Foundation
3700 6th Street, Suite 200
Riverside, CA 92501
Attn: Paula Myles
SECTION 2. OBLIGATIONS OF THE PARTIES.
2.1 Partner Organization’s Services. Subject to the terms and conditions set forth in this MOU, Partner Organization shall provide to City the services described in the Partner Organization Services, attached hereto as Exhibit B (the “Partner Organization Services”). If included in the Partner Organization Services, Partner Organization shall perform subsequent task orders as requested by the Contract Administrator.
2.2 City Services. Subject to the terms and conditions set forth in this MOU, City shall provide to Partner Organization the services described in the City Services, attached hereto as Exhibit C (the “City Services”). The Partner Organization Services and City Services shall collectively be referred to as the “Services.”
2.3 Standard of Performance. Partner Organization represents and warrants that Partner Organization is experienced in performing the services contemplated herein and, in light of such status and experience, Partner Organization shall perform the Partner Organization Services in the manner and according to the standards observed by a competent practitioner of the profession in which Partner Organization is engaged in the geographical area in which Partner Item Title: 10.11
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State
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Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 5
Menifee Mayor and City Council
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Organization practices its profession and to the sole satisfaction of the Contract Administrator.
Partner Organization shall devote the time to the performance of the Partner Organization Services as may be reasonably necessary to satisfy Partner Organization’s obligations hereunder.
2.4 Cooperation, Non-Interference. The Parties shall use best efforts to cooperate to accomplish the purposes of this MOU. Neither Party shall unreasonably interfere with the other Party’s rights or obligations under this MOU. To the extent the Services involve performance of a specific or specialized activity or program, neither Party shall conduct competitive activities or programs at a time, in a location, or in a manner which may reasonably be expected to discourage participation in or otherwise detract from the activity or program conducted pursuant to the Services.
2.5 Personnel. Partner Organization shall assign only competent personnel to perform the Partner Organization Services. In the event that City, in its sole discretion, at any time during the term of this MOU, desires the reassignment of any such persons, Partner Organization shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. This Section 2.5 shall not apply if the Partner Organization Services do not involve the assignment of Partner Organization personnel.
2.6 Materials and Equipment. Except as otherwise provided in the Partner Organization Services or City Services, each Party shall provide all materials, facilities, and equipment necessary for that Party’s performance hereunder, at that Party’s sole cost and expense.
2.7 Access to Facilities. Where the Services include one Party’s use of or entry into any facility, real property, or other building granted by the other Party such right of use or entry shall be subject to and conditioned on the terms of this MOU only, including the rights and limitations set forth in the Exhibits hereto and any use policies included thereupon. Unless otherwise stated in the City Services or the Partner Organization Services, the rights of use or access granted pursuant to this MOU shall apply to the officers, employees, subcontractors, agents, and volunteers of the applicable Party provided that such persons shall be subject to the terms and conditions of this MOU. If Partner Organization enters City property or meets in person with City employees during the performance of the Partner Organization Services, Partner Organization shall comply with all applicable regulatory and City security and safety procedures, protocols, and practices, including but not limited to health procedures related to the COVID-19 pandemic.
2.8 Authorization. Partner Organization is not authorized to perform any of the Partner Organization Services or incur any costs whatsoever under the terms of this MOU until receipt of authorization from the Contract Administrator.
2.9 Insurance. Before beginning any work under this MOU, including directing or engaging others to work on Partner Organization’s behalf, Partner Organization, at its own cost an expense shall procure the types and amounts of insurance set forth in this Section 2.8 for the term of this MOU Verification of the required insurance as provided by Paragraph 2.8.3 shall be submitted and made part of this MOU prior to execution. Partner Organization acknowledges the insurance policy must cover inter-insured suits between City and other insureds. The insurance required by this Section is as follows:
2.9.1 Workers’ Compensation. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Partner Organization pursuant to the provisions of the California Labor Code with Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 6
Menifee Mayor and City Council
June 3, 2026
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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, Partner Organization 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 Partner Organization, 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 Partner Organization Services.
2.9.2 Commercial General and Automobile Liability Insurance.
Commercial general and automobile liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Partner Organization Services, 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 Partner Organization Services or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Partner Organization Services, including the use of hired, owned, and non-owned automobiles.
Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Partner Organizations shall ensure that the Commercial General liability insurance does not have a liquor liability exclusion. Any failure of Partner Organization to comply with reporting provisions of the insurance policy required by this Paragraph shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
2.9.3 Alcohol Liability Insurance Coverage. Alcohol liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence for risks associated with the sale of alcohol. Partner Organization shall maintain the required insurance throughout the term of this MOU.
2.9.4 Requirements for Insurance Policies. Each insurance policy required by this Section 2.8 shall comply with the following:
a. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Prior to beginning the Partner Organization Services, Partner Organization shall furnish City with certificates of insurance, additional insured endorsements 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 Item Title: 10.11
Memorandum
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with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 7
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endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must specifically reference this MOU. The name and address for additional insured endorsements, certificates of insurance, and notices 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 Partner Organization.
c. Partner Organization shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. 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 Partner Organization Services, including the insured’s general supervision of Partner Organization; products and completed operations of Partner Organization, as applicable; premises owned, occupied, or used by Partner Organization; and automobiles owned, leased, or used by Partner Organization in the course of providing the Partner Organization Services. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this MOU or completion of the Partner Organization Services, whichever is later. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage
e. Partner Organization shall obtain the written approval of City for self-insured retentions and deductibles before beginning any of the Partner Organization Services. During the term of this MOU, only upon the prior express written authorization of the Contract Administrator, Partner Organization may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Partner Organization procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Partner Organization 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.
2.9.5 Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 8
Menifee Mayor and City Council
June 3, 2026
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2.10 Indemnification. Partner Organization shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Partner Organization fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “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 MOU by Partner Organization or by any individual or entity for which Partner Organization is legally liable, including but not limited to officers, agents, employees or subcontractors of Partner Organization. The provisions of this Section 2.10 do not apply to Claims occurring as a result of City’s sole or active negligence. The provisions of this Section 2.10 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.
2.11 Compliance with Law. Partner Organization and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the Services hereunder, including obtaining and maintaining, at Partner Organization’s sole expense, any licenses, permits, and other approvals required to perform the Partner Organization Services, including but not limited to a valid liquor sales license for any entity providing alcohol for sale. Partner Organization shall not hire or employ any person to perform work within City or allow any person to perform the Partner Organization Services unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California (“DIR”), will subject to the minimum wage required to be paid to all laborers, including Partner Organization’s employees subcontractors. It is understood that it is the responsibility of Partner Organization to determine the correct scale. The State Prevailing Wage Rates may be obtained from the DIR by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Partner Organization shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any Claims arising from or related to (i) the noncompliance by Partner Organization or any party performing the Partner Organization Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Partner Organization or any party performing the Partner Organization Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Partner Organization Services, including, without limitation, any and all public works (as defined by applicable law), Partner Organization shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
Partner Organization acknowledges and agrees that it shall be independently responsible for Item Title: 10.11
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of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 9
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reviewing the applicable laws and regulations and effectuating compliance with such laws. Partner Organization shall require the same of all subcontractors.
2.12 Records. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form that Partner Organization prepares or obtains pursuant to the Partner Organization Services and that relate to the matters covered hereunder shall be the property of City. Partner Organization hereby agrees to deliver those documents to City upon the expiration or termination of this MOU. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared for City pursuant to this MOU are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Partner Organization.
City and Partner Organization 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. Partner Organization shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Partner Organization Services, if any, for a minimum of three (3) years from the date of termination of this MOU, or for any longer period required by law. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Any records or documents this Section requires Partner Organization to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
2.13 Licensing of Intellectual Property. This MOU creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Partner Organization under this MOU (“Documents and Data”). Partner Organization shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this MOU. Partner Organization represents and warrants that Partner Organization has the legal right to license any and all Documents and Data. Partner Organization makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Partner Organization or provided to Partner Organization by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this MOU shall be at City’s sole risk.
SECTION 3. MISCELLANEOUS PROVISIONS.
3.1 Independent Contractors. The Parties shall be independent contractors, and the relationship between the Parties shall not constitute a partnership, joint venture, or agency.
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 Services is within the Item Title: 10.11
Memorandum
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Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 10
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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. Except as otherwise provided by this MOU, neither Party shall pay salaries, wages, or any compensation to the other Party for performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Partner Organization and any of its employees, agents, and subcontractors providing services under this MOU shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
3.2 Governing Law and Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this MOU. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
3.3 Amendment. The Parties may amend this MOU only by a writing signed by all the Parties. The City Manager or his or her designee may execute and approve amendments to this MOU which in the City Manager’s reasonable discretion do not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.
3.4 Assignment and Subcontracting. Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party.
3.5 Survival. All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.
3.6 Attorneys’ Fees. If either Party brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this MOU, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
3.7 Severability. If any provision of this MOU is held invalid, the remainder of this MOU shall not be affected thereby and all other parts of this MOU shall nevertheless be in full force and effect.
3.8 Section Headings and Subheadings. The section headings and subheadings contained in this MOU are included for convenience only and shall not limit or otherwise affect the terms of this MOU.
3.9 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this MOU does not constitute a waiver of any other breach of that term or any other term of this MOU.
Item Title: 10.11
Memorandum
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Understanding
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Golden
State
Concessions
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Catering,
Inc.,
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Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 11
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3.10 Successors and Assigns. The provisions of this MOU shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
3.11 Rights and Remedies. 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.
3.12 Integration. This MOU, including the exhibits, represents the entire and integrated agreement between City and Partner Organization and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this MOU 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 MOU or any other rule of construction which might otherwise apply.
3.13 Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
3.14 Execution of MOU. The persons executing this MOU on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other MOU to which said Party is bound.
3.15 Nondiscrimination. Partner Organization covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
3.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.
3.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Partner Organization, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Partner Organization or to its successor, or for breach of any obligation of the terms of this MOU.
3.18 No Undue Influence. Partner Organization 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 MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Partner Organization, or from any officer, employee, or agent of Partner Organization, in connection with this MOU.
3.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 12
Menifee Mayor and City Council
June 3, 2026
Page
247 of 1080
2671/031858-0001
7630421.2 a10/11/22 -10-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this MOU 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
GOLDEN STATE CONCESSIONS AND
CATERING, INC.
Shaun Brock, Secretary
Andres Pagan, Assistant Chief Financial
Officer
INLAND EMPIRE COMMUNITY
FOUNDATION
Paula Myles, Director of Donor Services
Althea Perrot, Director of Community
Services
[Note: 2 officer’s signatures required if Partner
Organization is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 13
Menifee Mayor and City Council
June 3, 2026
Page
248 of 1080
2671/031858-0001
7630421.2 a10/11/22
EXHIBIT A.
EXHIBIT A
SPECIAL PROVISIONS
1. Partner Organizations Jointly and Severally Responsible. Each Partner Organization is jointly and severable responsible for all obligations of Partner Organization pursuant to this MOU.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 14
Menifee Mayor and City Council
June 3, 2026
Page
249 of 1080
2671/031858-0001
7630421.2 a00/00/00
EXHIBIT B.
EXHIBIT B
PARTNER ORGANIZATION SERVICES
City is party to that certain Memorandum of Understanding with Lake Menifee Women’s Club (LMWC) attached hereto as Attachment 1 (the “LMWC MOU”) whereby LMWC has the right each calendar year to organize and operate the Independence Celebration Event Beer Garden (“Beer Garden”) more specifically described in the LMWC MOU (and specifically in Part I.A.3 of Exhibit B to the LMWC MOU). This right includes the right for LMWC to charge its vendors a fee or other monetary contribution and for LMWC to organize and operate the Beer Garden.
LMWC has the right under the LMWC MOU to forfeit its right to organize and operate the Beer Garden for any given calendar year, which LMWC has exercised for 2026.
City and Partner Organizations desire for this MOU to enable Partner Organizations to conduct the Beer Garden where requested by City in calendar years during the term of this MOU. Partner Organizations shall conduct the Beer Garden on June 27, 2026, and in any subsequent calendar year during the term hereof where City notifies Partner Organizations in writing on or before February 1 of the subject calendar year that City desires for Partner Organizations to organize and operate the Beer Garden. For each calendar year, Partner Organizations shall have no general right to organize and operate the Beer Garden where City has not given written notice pursuant to the foregoing sentence.
For calendar years, including 2026, where Partner Organizations are conducting the Beer Garden, all rights and obligations set forth below shall apply:
SCOPE OF WORK
The Beer Garden will be the sole responsibility of the Partner Organizations. The Partner Organizations will assume full fiscal and operational responsibility for the Beer Garden for the duration of the day of the Independence Celebration Event. The Partner Organizations may retain all revenue from the Beer Garden as consideration for performance of this MOU.
The Partner Organizations are responsible for completion of all tasks and deliverables listed in Paragraph I.A.3 of Exhibit B as obligations of the LMWC in the LMWC MOU (provided, however, that Paragraph I.A.3.g. shall not apply), including compliance with all insurance obligations indicated on Exhibit B to the LMWC MOU. In addition to the foregoing, Partner Organizations shall:
1. Designate at least one (1) point of contact to attend regular meetings with City staff regarding event coordination. The point of contact shall be informed about event planning progress and shall provide regular updates to City staff upon completion of planning milestones and request from City staff.
2. Ensure event security will conduct regular ID checks throughout the Beer Garden.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 15
Menifee Mayor and City Council
June 3, 2026
Page
250 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
3. Ensure sufficient ice, cup, napkin, and related service supply is available for all beer vendors to serve cold beer to attendees.
4. Provide portable generators as needed to supply power to the Beer Garden.
5. Provide adequate event and mood lighting to create a comfortable, well-lit area for the Beer Garden.
6. Provide tents or other adequate shade structures for the Beer Garden area.
7. Provide event decorations consistent with Independence Day and Beer Garden theming.
8. Provide tables and chairs proportional to the anticipated number of guests and vendors to the Beer Garden.
9. Provide signage and branding for all Beer Garden vendors consistent with the decorations and theming of the Beer Garden.
10. Complete Beer Garden setup consistent with Fire Department inspection guidelines with adequate timing for Fire Department to inspect and approve the setup prior to the start of the Beer Garden.
11. Clean up Beer Garden following completion, including removal of all waste, recycling, and compost consistent with applicable laws. Recycling and compostable waste shall be diverted from landfill waste. Partner Organizations shall make all attempts to reduce the amount of landfill waste generated by the Beer Garden.
Without limiting the foregoing obligations, including Partner Organizations’ independent responsibility to confirm and obtain all necessary permits and approvals for the Beer Garden, Partner Organizations are hereby notified that large tents and towable generators may require permits or approvals from the Riverside County Fire Department / CAL FIRE (“Fire Department”) and the Menifee Building and Safety Department.
Consistent with the LMWC MOU, Partner Organizations shall provide all required documents, permits, and approvals to the City event coordinator at least twenty (20) days prior to the Beer Garden.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 16
Menifee Mayor and City Council
June 3, 2026
Page
251 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
ATTACHMENT 1 OF EXHIBIT B
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MENIFEE AND THE
LAKE MENIFEE WOMEN’S CLUB
[ATTACHMENT 1 BEGINS ON THE FOLLOWING PAGE]
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 17
Menifee Mayor and City Council
June 3, 2026
Page
252 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 18
Menifee Mayor and City Council
June 3, 2026
Page
253 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 19
Menifee Mayor and City Council
June 3, 2026
Page
254 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 20
Menifee Mayor and City Council
June 3, 2026
Page
255 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 21
Menifee Mayor and City Council
June 3, 2026
Page
256 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 22
Menifee Mayor and City Council
June 3, 2026
Page
257 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 23
Menifee Mayor and City Council
June 3, 2026
Page
258 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 24
Menifee Mayor and City Council
June 3, 2026
Page
259 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 25
Menifee Mayor and City Council
June 3, 2026
Page
260 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 26
Menifee Mayor and City Council
June 3, 2026
Page
261 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 27
Menifee Mayor and City Council
June 3, 2026
Page
262 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 28
Menifee Mayor and City Council
June 3, 2026
Page
263 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 29
Menifee Mayor and City Council
June 3, 2026
Page
264 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 30
Menifee Mayor and City Council
June 3, 2026
Page
265 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 31
Menifee Mayor and City Council
June 3, 2026
Page
266 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 32
Menifee Mayor and City Council
June 3, 2026
Page
267 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 33
Menifee Mayor and City Council
June 3, 2026
Page
268 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 34
Menifee Mayor and City Council
June 3, 2026
Page
269 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 35
Menifee Mayor and City Council
June 3, 2026
Page
270 of 1080
2671/031858-0001
7630421.2 a10/11/22 EXHIBIT B.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 36
Menifee Mayor and City Council
June 3, 2026
Page
271 of 1080
2671/031858-0001
7630421.2 a00/00/00
EXHIBIT C
EXHIBIT C
CITY SERVICES
City shall perform the “City Responsibilities” listed in Part II of Exhibit B of the LMWC MOU.
Item Title: 10.11
Memorandum
of
Understanding
with
Golden
State
Concessions
and
Catering,
Inc.,
and
Inland
Empire Community Foundation for the Independence Celebration Event Beer Garden Item Page Number: 37
Menifee Mayor and City Council
June 3, 2026
Page
272 of 1080
CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with California Professional Engineering, Inc. for Construction Services for the Evans Road/Craig Avenue Traffic Signal Project
MEETING DATE: June 3, 2026
TO: Mayor and City Council
PREPARED BY: Rex Caballero, 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 California Professional Engineering, Inc. for construction services for the Evans Road/Craig Avenue Traffic Signal, Capital Improvement Program (CIP) Project No. 25-05, located at the intersection of Evans Road & Craig Avenue, in total not-to-exceed amount of $932,644.75.
DISCUSSION
The Evans Road/Craig Avenue Traffic Signal Project, CIP Project No. 25-05 (Project), is located at the intersection of Evans Road and Craig Avenue and would provide installation of a new traffic signal, upgrade pedestrian Americans with Disabilities Act (ADA) ramps, signage and striping improvements, asphalt concrete pavement improvements, and the addition of dedicated bicycle lanes. The existing four-way intersection is controlled by an “All-Way Stop” that experiences heavy traffic volumes due to the adjacent high school, middle school and recreation facilities.
The Project would provide active transportation benefits for Paloma Valley High School and the Gale Webb Action Sports Park through the addition of bicycle lanes along Craig Avenue in accordance with the City of Menifee’s Complete Streets Plan. The project would also provide roadway and drainage improvements within the surrounding area, as well as additional on-street parking.
The formal competitive bid process for the purchase and delivery of traffic signal equipment required for the Project has been completed and a purchase order has been issued in the amount of $147,666.18 for the purchase of traffic signal poles, dual meter service cabinets, traffic controllers, and all necessary accessories. Approval of this bid award would allow the project to proceed into the construction phase of the project, further supporting the City’s Strategic Plan goals of enhancing vehicle and pedestrian safety and improving accessibility within the Project area.
Item Title: 10.12
Bid
Award
and
Agreement
with
California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 1
Menifee Mayor and City Council
June 3, 2026
Page
273 of 1080
City of Menifee Staff Report
CIP 25-05 California Professional Engineering, Inc. Agreement June 3, 2026
3 2
5 4
On May 7, 2026, an electronic bid opening was held following the administration of a formal competitive bid process for Project construction services. The bid opening resulted in the receipt of 10 bid submissions, as summarized in Table 1 below.
TABLE 1 – BID RESULTS SUMMARY
Staff reviewed the lowest bidder submission and determined that California Professional Engineering, Inc. (Contractor) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $932,644.75. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing would be procured separately.
The total estimated construction cost is $1,201,575.43 which includes the traffic signal equipment previously purchased, construction services, and ancillary services mentioned above, as well as any unforeseen costs that may arise during construction.
If approved by the City Council, the tentative Project schedule would be as follows:
Projected Construction Start: June 2026
Projected Construction End: August 2026
City Council Acceptance: October 2026
The timeline above assumes no delays due to weather or unforeseen conditions.
Environmental Impact
The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301, Existing Facilities.
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a Project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such Firm Name Total Base Bid
Amount
Lowest and
Responsible Bidder
Architects/Engineer’s Estimate $1,100,000.00
California Professional Engineering, Inc. $932,644.75 X Elecnor Belco Electric, Inc. $955,537.00
DBX, Inc. $985,905.00
High-Light Electric INC $1,005,555.00
International Line Builders, Inc. $1,030,806.00
Estate Design and Construction $1,050,000.00
CALPROMAX ENGINEERING $1,096,590.00
Alfaro Communications Construction Inc $1,116,562.76
Select Electric, Inc $1,268,595.00
Leonida Builders, Inc. $1,598,077.50
Item Title: 10.12
Bid
Award
and
Agreement
with
California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 2
Menifee Mayor and City Council
June 3, 2026
Page
274 of 1080
City of Menifee Staff Report
CIP 25-05 California Professional Engineering, Inc. Agreement June 3, 2026
3 2
5 4
as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City right- of-way (ROW). No additional automobile lanes will be created by the Project. The proposed Project is the minor alteration of an existing public facility (City Street) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.
The amount of the proposed Contract Services Agreement (Agreement) with the Contractor exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed Agreement with California Professional Engineers, Inc. is in the total amount not-to-exceed $932,644.75. The total anticipated fiscal impact for the construction phase of the Project, which includes the cost of the equipment, the Agreement, ancillary services such as materials testing and labor compliance, as well as unforeseen costs that may arise during construction, is $1,201,575.43. Funding for the proposed Agreement is available in the Fiscal Year 2025/2026 budget within the CIP Fund from the Quality of Life (Measure DD) Fund (4320- PWD-CIPS-901-01105-690050) and the Development Impact Fee (DIF) Citywide – Circulation Fund (4320-PWD-CIPS-901-02526-690050).
TABLE 2 – CAPITAL PROJECTS BUDGET
Funding Project String No. Available
Budget
Anticipated
Cost
Quality of Life (4320-PWD-CIPS-901-01105-690000)
CIP25-05.1105.CON.CAE $1,032,318.76 $908,935.15
DIF Citywide
Circulation
(4320-PWD-CIPS-901-02526-690000)
CIP25-05.2526.CON.CAE $23,709.60 $23,709.60
TOTAL $1,056,028.36 $932,644.75
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.12
Bid
Award
and
Agreement
with
California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 3
Menifee Mayor and City Council
June 3, 2026
Page
275 of 1080
E
a
to
n
L
n
Adelina Dr
D u b l i n C t
Caprice Rd
C r a i g A v e Evans Rd
Bradley Rd
H o l l a n d R dM
u
rr
ie
t
a
R
d
Map Symbology
CIP Project 25-05
0 110 220
Feet
Path: E:\Standard_Maps\Engineering_PW\CIP_Projects\CIP_Projects.aprx Date: 5/13/2026 ¹
Evans Rd and Craig Ave (CIP 25-05)
Project Location Map
Traffic Signal Improvement Project
Item Title: 10.12
Bid
Award
and
Agreement
with
California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 4
Menifee Mayor and City Council
June 3, 2026
Page
276 of 1080
2671/031858-0001
20841204.11 a03/11/26
CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
CIP 25-05 EVANS ROAD/CRAIG AVENUE TRAFFIC SIGNAL IMPROVEMENTS
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 CALIFORNIA PROFESSIONAL ENGINEERING, INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit A, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on June 3, 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 Item Title: 10.12
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facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such Item Title: 10.12
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tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and
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replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement.
Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.
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1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
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1.10 Special Provisions. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Provisions” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed NINE
HUNDRED THIRTY TWO THOUSAND SIX HUNDRED FORTY FOUR DOLLARS AND SEVENTY FIVE CENTS ($932,644.75) 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 (15th) 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 categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. Where requested by City in writing, , for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person Item Title: 10.12
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performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. Where requested by City in writing, The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B;
f. Receipts for expenses to be reimbursed;
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 Item Title: 10.12
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public works Services. At the request and expense of Contractor, securities equivalent to the monies
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withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor’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.
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SECTION 1. FACILITIES AND EQUIPMENT.
1.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
1.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
1.3 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.
Item Title: 10.12
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SECTION 1. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.
1.1 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 Item Title: 10.12
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payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
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4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
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CIP 25-05 EVANS ROAD/CRAIG AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, Item Title: 10.12
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assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall Item Title: 10.12
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not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, Item Title: 10.12
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rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 1. LEGAL REQUIREMENTS.
1.1 Governing Law. The laws of the State of California shall govern this Agreement.
1.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
1.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
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(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/oprl/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.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder
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with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Item Title: 10.12
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Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
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7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request 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), for each consecutive calendar day in excess of the time specified for completion of the Work. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with Item Title: 10.12
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compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.
Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; Item Title: 10.12
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c. Retain a different contractor to complete the Services; and/or Item Title: 10.12
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d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Item Title: 10.12
Bid
Award
and
Agreement
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California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 29
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June 3, 2026
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9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of 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 Item Title: 10.12
Bid
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California
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Engineering,
Inc.
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Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 30
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proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 1. MISCELLANEOUS PROVISIONS.
1.1 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.
1.2 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.
1.3 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.
1.4 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.
1.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
1.6 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.
1.7 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:
Item Title: 10.12
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Inc.
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Rex Caballero, Assistant 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:
CALIFORNIA PROFESSIONAL ENGINEERING INC.
Attn: Van Nguyen, President
19062 San Jose
La Puente, CA 91748
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rex Caballero, Assistant Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Item Title: 10.12
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Professional
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Inc.
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Menifee Mayor and City Council
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Menifee, CA 92586
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
Item Title: 10.12
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Professional
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Inc.
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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
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interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.12
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Professional
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Inc.
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 35
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June 3, 2026
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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
Van Nguyen, President
Van Nguyen, Secretary
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.12
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Professional
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Inc.
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 36
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June 3, 2026
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EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
INTENTIONALLY LEFT BLANK.
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Professional
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 37
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include CIP 25-05 EVANS ROAD/CRAIG AVENUE TRAFFIC SIGNAL IMPROVEMENTS 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 THIRTY TWO THOUSAND SIX HUNDRED FORTY FOUR DOLLARS AND SEVENTY FIVE CENTS ($932,644.75) 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 2026-12.
Item Title: 10.12
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Professional
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Inc.
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 38
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June 3, 2026
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2671/031858-0001
20841204.11 a03/11/26 EXHIBIT B
Item Title: 10.12
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Agreement
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California
Professional
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Inc.
for
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 39
Menifee Mayor and City Council
June 3, 2026
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20841204.11 a03/11/26 EXHIBIT B
Item Title: 10.12
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Agreement
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California
Professional
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Inc.
for
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Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 40
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June 3, 2026
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20841204.11 a03/11/26 EXHIBIT B
Item Title: 10.12
Bid
Award
and
Agreement
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California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 41
Menifee Mayor and City Council
June 3, 2026
Page
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20841204.11 a03/11/26 EXHIBIT B
Item Title: 10.12
Bid
Award
and
Agreement
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California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 42
Menifee Mayor and City Council
June 3, 2026
Page
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20841204.11 a03/11/26 EXHIBIT B
Item Title: 10.12
Bid
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Agreement
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California
Professional
Engineering,
Inc.
for
Construction
Services for the Evans Road/Craig Avenue Traffic Signal Project Item Page Number: 43
Menifee Mayor and City Council
June 3, 2026
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CITY OF MENIFEE
SUBJECT: Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis
MEETING DATE: June 3, 2026
TO: Mayor and City Council
PREPARED BY: Kristina Hernandez, Management Analyst I
REVIEWED BY: Kayla Charters, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Urban3, LLC. for Phase 2 and 3 of a Land Use Financial Analysis to evaluate the City’s long- term fiscal sustainability and infrastructure obligations for a total not-to-exceed amount of $167,655 through June 30, 2027.
DISCUSSION
On December 17, 2025, the City Council reviewed a Land Use Fiscal Analysis prepared by Urban3, LLC, which evaluated taxable value per acre, land use productivity, development patterns, and comparative fiscal performance throughout Menifee (Phase 1). The analysis used visualization tools and 3D economic modeling to illustrate the relationships among land use, development intensity, and long-term fiscal sustainability. Key findings highlighted the economic impacts and productivity of varying land uses and development patterns while establishing a baseline framework for evaluating future growth.
The study has been utilized as an economic development and planning tool to help communicate the fiscal impacts of varying development patterns, infrastructure intensity, and redevelopment opportunities to City staff, the development community, and prospective investors. Findings and visualizations from the analysis have been incorporated into presentations and outreach efforts with stakeholders, including brokers, developers, and community audiences, to illustrate how strategic land-use decisions can support long-term fiscal sustainability, economic diversification, and future infrastructure investment. The analysis has also become a valuable resource in evaluating future development opportunities and advancing discussions surrounding Menifee’s long-term growth strategy and economic vision.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 1
Menifee Mayor and City Council
June 3, 2026
Page
316 of 1080
City of Menifee Staff Report
Urban3 Phase 2 and 3 Analysis
June 3, 2026
3 3
5 6
Building upon the initial analysis, staff is proposing Phases 2 and 3 to further evaluate the City’s long-term fiscal sustainability and infrastructure obligations. Phase 2, Fiscal Review and Fiscal Mapping, would analyze the relationship between City revenues and long-term infrastructure costs, including transportation, stormwater, water, and wastewater systems. This phase would also include infrastructure mapping and fiscal sustainability modeling to assist staff in evaluating the fiscal impacts of future development proposals and land use scenarios.
Phase 3, Development Scenario Projections and Final Presentations, would utilize the prior analysis to model and visualize up to three potential development scenarios within the City.
Deliverables would include data-driven projections related to revenue generation, infrastructure costs, long-term fiscal sustainability, interactive visual reports, ESRI-compatible mapping tools, and public presentations.
The additional phases would provide the City with enhanced tools and data to support future discussions related to infrastructure investment, capital improvement planning, corridor planning, downtown development, and evaluation of future development proposals, giving the City a clear roadmap to optimize resources and enhance strategic and sustainable economic growth.
Due to the firm’s specialized expertise, existing access to transaction and use tax records of the Board of Equalization, as well as prior completion of Phase 1, and pursuant to Menifee Municipal Code § 3.12.130, it was determined that competitive solicitation would not provide additional value. Continuing with Urban3 would ensure project continuity, consistency, and cost efficiencies by avoiding duplication of prior work and redevelopment of existing models.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
The proposed Phase 2 and 3 analyses would continue advancing the City Council’s Strategic Plan priority of fostering a “Thriving Economy” by equipping City leadership, staff, and the community with objective data and visualization tools to support informed growth, infrastructure investment, and long-range planning decisions.
FISCAL IMPACT
The fiscal impact of the proposed Agreement with Urban3, LLC, is in the total amount not-to- exceed $167,655. Budget for this request was included and adopted in the FY 2025/26 Mid-year budget.
ATTACHMENTS
1. Agreement
2. Phase 2 and 3 Proposal
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 2
Menifee Mayor and City Council
June 3, 2026
Page
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2905/031858-0001
18155996.1 a05/08/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
PHASE 2 AND PHASE 3 ECONOMIC ANALYSIS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2026 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and URBAN 3, LLC, a North Carolina Limited Liability Company (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on June 3, 2026 and shall end on June 30, 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 3
Menifee Mayor and City Council
June 3, 2026
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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed One Hundred Sixty Seven Thousand Six Hundred Fifty Five Dollars and Zero Cents ($167,655.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 4
Menifee Mayor and City Council
June 3, 2026
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.
City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 5
Menifee Mayor and City Council
June 3, 2026
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expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 1. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 2. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
2.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 6
Menifee Mayor and City Council
June 3, 2026
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. 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.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 7
Menifee Mayor and City Council
June 3, 2026
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(i) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (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, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(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 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: PHASE 2 AND PHASE 3 ECONOMIC ANALYSIS. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 8
Menifee Mayor and City Council
June 3, 2026
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to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 9
Menifee Mayor and City Council
June 3, 2026
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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 10
Menifee Mayor and City Council
June 3, 2026
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SECTION 1. INDEMNIFICATION.
1.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
1.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
1.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
1.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 2. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 11
Menifee Mayor and City Council
June 3, 2026
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 1. LEGAL REQUIREMENTS.
1.1 Governing Law. The laws of the State of California shall govern this Agreement.
1.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
1.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 12
Menifee Mayor and City Council
June 3, 2026
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/oprl/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. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 13
Menifee Mayor and City Council
June 3, 2026
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 14
Menifee Mayor and City Council
June 3, 2026
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annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 15
Menifee Mayor and City Council
June 3, 2026
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 1. TERMINATION AND MODIFICATION.
1.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
1.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
1.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
1.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
1.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
1.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
1.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 16
Menifee Mayor and City Council
June 3, 2026
Page
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be shared property of City and Consultant. Consultant understands that all records created as part of Consultant’s performance may be subject to disclosure under the California Public Records Act (Cal. Gov. Code §§ 7920.000, et seq.). In the event that City is required to disclose intellectual property as defined in Section 9.2 of this Agreement under the California Public Records Act, City shall notify Contractor in writing so that Contractor may seek confidential treatment of such information, including but not limited to a protective order or other appropriate remedy.
Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created, or discovered in performance of this Contract shall remain in sole ownership of the Consultant (Urban3) in perpetuity. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 17
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Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 18
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10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 19
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10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Heather Worthington, Chief Operating Officer (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Kristina Hernandez, Management Analyst I (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
URBAN 3, LLC
Attn: Heather Worthington, Chief Operating Officer
17 Cherry St N
Ashville, NC 28801
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristina Hernandez, Management Analyst I
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 20
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Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 21
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10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 22
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 23
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Heather Worthington, Principal and COO
Joe Minicozzi, Founder & CEO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 24
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June 3, 2026
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include PHASE 2 AND PHASE 3 ECONOMIC ANALYSIS services in the amount not to exceed One Hundred Sixty Seven Thousand Six Hundred Fifty Five Dollars and Zero Cents ($167,655.00) as further detailed in the following page(s).
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 25
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June 3, 2026
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Item Title: 10.13
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June 3, 2026
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Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 30
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June 3, 2026
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Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 31
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June 3, 2026
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Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 32
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June 3, 2026
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Heather Worthington 17 Cherry St. N Asheville, NC 28801 [email protected] 651-262-9896 (mobile) April 21, 2026
Kayla Charters Acting Economic Development Manager City of Menifee, California 29844 Haun Road Menifee, CA 92586 Re: Economic Analysis for The City of Menifee Kayla:
Thank you for the opportunity to submit our proposal to build on our Taxable Revenue Analysis
for
the
City
of
Menifee.
This
proposal
outlines
our
analysis
of
the
costs
of
your
infrastructure
across
the
City,
showing
the
city’s
return
on
investment.
This
proposal
is
broken
out
into
two
sub
phases
-
Infrastructure
Fiscal
Review
and
Infrastructure
Lifecycle
Mapping.
To
get
you
a
fuller
picture
of
the
cost
of
infrastructure
tied
to
land
use,
we’ll
need
to
complete
both
sub-phases.
After
completing
our
revenue
and
cost
model,
we
will
work
to
complete
development
projections
for
the
City
of
Menifee.
These
projections
will
be
up
to
the
City’s
choice
of
what
to
analyze.
Additionally,
our
Municipal
Pro
Forma
Tool
will
empower
City
staff
to
complete
additional
development
projections
at
your
leisure.
We look forward to working with your team to provide insights and valuable metrics of the fiscal
health
of
your
community.
Let
us
know
your
thoughts
on
our
proposal
and
welcome
any
questions
you
and
your
team
may
have
about
our
process
and
deliverables.
This proposal is valid until June 15, 2026.
Respectfully,
Heather
Worthington
Principal
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 33
Menifee Mayor and City Council
June 3, 2026
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Menifee, CA - Phase II 2
WHO IS URBAN3? Urban3 is a consulting firm specializing in land value economics, property tax analysis, and community
design.
Our
approach
bridges
the
gap
between
economic
analysis,
public
policy,
and
urban
design.
Our
work
will
empower
your
community
with
the
ability
to
promote
development
patterns
that
both
secure
its
fiscal
condition
and
create
a
strong
sense
of
place.
We provide communities with an in-depth understanding of their financial health and
built
environment
by
measuring
data
and
visualizing
the
results
.
Taxable Value Per Acre Auckland, NZ
WHY DOES UNDERSTANDING COMMUNITY FISCAL HEALTH MATTER? Mapping and analyzing the financial health of a community helps policymakers and practitioners
prioritize
capital
improvements
and
community
design
decisions.
Our method simplifies complex information to include everyone in honest conversations about
community
growth.
Through
our
visualizations,
communities
have
the
resources
to
make
informed
decisions
about
future
development.
Urban3 analyzes the fiscal implications of differential development patterns down to the level
of
individual
parcels
but
at
the
scale
of
entire
communities.
This
typically
entails
processing
tax
assessment
data
at
the
county
or
metropolitan
area
level
and
often
includes
multiple
sources
of
information
such
as
retail
sales,
income,
and
other
economic
metrics.
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 34
Menifee Mayor and City Council
June 3, 2026
Page
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Menifee, CA - Phase II 3
Beyond processing the data itself, Urban3 provides a uniquely comprehensive examination of
fiscal
health
that
combines
local
development
history,
the
implications
of
policy,
and
our
experience
with
different
finance
systems
worldwide.
We
also
provide
analysis
and
insights
on
the
long-term
fiscal
impact
of
infrastructure
investments.
We have worked with over 170 communities in the United States, New Zealand, Canada, and
Australia
to
conduct
economic
analyses
of
community
fiscal
health.
Urban3
did
not
invent
the
value
per
acre
analysis,
but
we
have
helped
make
it
an
industry
standard
for
measuring
the
fiscal
health
of
communities.
The
value
per
acre
analysis
is
an
invaluable
metric
in
demonstrating
the
potency
of
varying
land
uses
within
cities
and
counties.
In
a
sea
of
data,
we
believe
that
a
simple
method,
image,
or
metric
can
clearly
summarize
volumes.
We’re not your typical economic consulting firm. We’re driven by data. We make a quantifiable case for a better city and town planning and more
fiscally
sustainable
growth
using
a
tailored
approach;
we
back
up
our
stories
with
research
and
numbers
using
cutting-edge
scenario
tools.
We’re creative storytellers. We use our visuals to tell unique, compelling, community-driven stories—so
everyone
taking
part
in
the
planning
process
understands
their
local
economic
story,
no
matter
their
life
experiences.
We make the complex human. We demystify tax codes, urban planning jargon, and municipal
finance
data,
allowing
all
stakeholders
to
clearly
understand
the
economic
impact
of
development
during
any
planning
process.
We’re pragmatic change makers. At our core, we believe that change happens through meaningful
conversations
in
which
everyone
can
participate.
We have an eye for design . Though we love numbers, we also speak the language of urban designers.
Our
approach
to
scenario
modeling
examines
communities
through
the
lens
of
design,
not
just
economics
and
data.
We’re pioneering the industry. We were the first firm to visualize a community’s value per acre
and
illustrate
the
impacts
of
land
use
on
municipal
economic
health
in
3D.
We
are
also
the
first
firm
in
the
world
to
visualize
the
cost
of
infrastructure
on
a
parcel
level,
city-wide,
in
3D.
We work all over the country and the world. We’re tax system experts, and we use our experience
to
help
you
innovate.
We
have
conducted
business
in
over
170
communities
and
42 states
in
the
United
States
and
communities
in
New
Zealand,
Canada,
and
Australia.
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 35
Menifee Mayor and City Council
June 3, 2026
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Menifee, CA - Phase II 4
THE PEOPLE OF URBAN3 Joseph Minicozzi, AICP, Principal Joe Minicozzi will lead the team for this project and present the final results
in
a
public
setting
if
desired.
Under
Joe’s
leadership,
Urban3’s
work
in
pioneering
geospatial
representations
of
economic
productivity
has
prompted
a
paradigm
shift
in
understanding
the
economic
potency
of
urbanism
and
the
value
of
well-designed
cities.
Through
Joe’s
direction,
our
analysts
create
visualizations
to
provide
communities
with
the
resources
to
make
informed
decisions
about
future
development
and
its
financial
impacts.
Heather Worthington, Principal Heather Worthington is a principal at Urban3. She brings 25 years of leadership
experience
in
local
government
organizations,
most
recently
as
Director
of
Long
Range
Planning
in
Minneapolis,
where
her
team
led
the
creation,
engagement,
and
policy
adoption
of
the
Minneapolis
2040
Comprehensive
Plan.
Heather
brought
Urban3
to
Minneapolis
to
provide
data
visualization
in
conjunction
with
the
Minneapolis
2040
Planning
process,
as
well
as
to
address
deep
historic
disparities
caused
by
redlining,
zoning
and
land-use
policies
through
data
visualization
of
municipal
finance
and
planning.
Her
background
in
economic
development
includes
the
redevelopment
of
Minnesota’s
largest
Superfund
site,
the
Twin
Cities
Army
Ammunition
Plant,
a
250
acre
site
in
Ramsey
County.
Phillip Walters, Principal Phillip is a principal at Urban3, with a focus on software. He brings together
the
perspectives
of
economics,
data
analysis,
and
good
planning
to
find
usable
insight.
With
8 years
of
public
sector
experience
and
strong
analysis
skills,
he
endeavors
to
help
the
public
understand
the
underpinnings
of
how
land
use
decisions
will
change
their
future.
Phillip
will
manage
the
day-to-day
project
flow,
including
scheduling
all
client
calls,
meetings
and
milestones
with
the
analysts.
Adam Carr, AICP, Senior Analyst
Adam
has
experience
at
the
local
government
level
and
recognizes
social,
economic,
and
environmental
issues
that
places
face.
His
spatial
data
analysis
and
planning
expertise
provides
a
strong
foundation
for
considering
solutions
to
planning
and
development
challenges.
His
approach
is
to
help
communities
reach
their
goals
by
understanding
what
makes
them
special
and
by
evaluating
opportunities
to
grow
equitably
and
sustainably.
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 36
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June 3, 2026
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Menifee, CA - Phase II 5
Leah Handwerger, Senior Analyst Leah had always been an advocate for the natural environment, but her
studies
forged
a
deep
fascination
with
the
relationship
of
the
human/built
environment
within
the
natural
world.
Leah
believes
mapping
is
a
vital
tool
to
help
visualize
this
relationship
and
appreciates
its
unique
intersection
as
both
art
and
science. Leah will be assisting the Chief Analyst to analyze data and create 3D visualizations.
Ti Decker, Senior Analyst Ti, who has a passion for public policy and spatial planning, focused his
graduate
studies
on
ecological
sustainability.
Their
most
recent
project
is
redesigning
the
downtown
area
of
Chicago
to
be
more
flood
resistant
with
nature-based
pollutants.
Ti
brings
systems-based
thinking
to
the
team
while
giving
the
perspective
of
ecological
sustainability
and
climate
change
to
projects. Gurleen Kaur, Analyst II Gurleen’s interests lie in urban economics, settlement sociology, and the
exploration
of
urban
fabrics
across
different
regions.
She
is
particularly
intrigued
by
the
intersection
of
urban
policy
and
data
analytics,
as
she
believes
that
leveraging
data-driven
insights
along
with
recognizing
the
intangible
aspects
of
human
settlements
can
lead
to
more
informed
decisions
and
better
social
outcomes
within
cities.
Jonathan Anzollitto, Analyst I Jonathan brings a unique blend of expertise in both city planning and technology.
After
spending
the
better
part
of
a
decade
in
the
tech
industry,
he
studied
to
become
an
urban
planner,
eventually
landing
here
at
Urban3.
This
combination
of
skills
informs
the
data-first
approach
he
employs
to
understand
how
cities
work.
His
areas
of
specialized
research
and
practice
include
form-based
zoning
codes,
transit-supportive
land
use
policy,
municipal
land
banking,
and
regional
governmental
systems. Rachel Frederiksen, Analyst I Rachel holds a Master of Science in Public Policy and Management from
Carnegie
Mellon
University,
where
she
concentrated
in
Urban
and
Regional
Economic
Development.
In
her
graduate
research,
she
explored
disparities
in
infrastructure
for
rural
and
agricultural
communities.
Prior
to
joining
Urban3,
Rachel
worked
with
the
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 37
Menifee Mayor and City Council
June 3, 2026
Page
352 of 1080
Menifee, CA - Phase II 6
Department of Performance Management and Innovation at the City of Minneapolis. Shea Bruer, Analyst I Shea has a passion for the intersection of multimedia storytelling, sustainable
communities,
and
geospatial
technology.
He
recently
graduated
from
Appalachian
State
University
with
a
B.S.
in
Community
and
Regional
Planning.
Prior
to
joining
Urban3
as
a
GIS
Tech,
Shea
was
a
Research
Assistant
at
Appalachian
State
conducting
an
exploratory
matched-pair
multiple
case
study
comparing
urban
planning
practices
in
the
Scottish
Highlands
and
Western
North
Carolina.
Andrew Fletcher, Analyst I Andrew has over a decade of experience with citizen-led advocacy, and
has
led
several
efforts
around
public
policy
reform
of
wide
variety
in
his
hometown.
With
a
background
in
Economics
from
University
of
North
Carolina
at
Asheville,
a
lifelong
love
of
maps,
and
over
twenty
years
in
a
music
and
performing
arts
career,
he
brings
a
keen
eye
to
research
and
storytelling
through
data
and
maps.
Other
passions
include
tactical
urban
placemaking,
strategic
approaches
toward
productive
civic
conversations
and
urban
homesteading.
Carolyn Frykberg, GIS Technician Carolyn has a strong interest in natural resource management and GIS solutions.
As
a
recent
graduate
of
A-B
Tech’s
Civil
Engineering
Technology
and
GIS
programs,
she
is
passionate
about
using
maps
to
facilitate
engaging
conversations
with
communities
about
their
connections
to
the
natural
world
and
how
those
connections
can
be
balanced
to
benefit
all.
Prior
to
Urban3,
Carolyn
coordinated
for
a
local
agricultural
non-profit
which
helped
build
relationships
between
local
businesses
and
small
farmers
in
Western
North
Carolina.
Brooke Bailey, Financial Analyst Brooke is a Financial Analyst at Urban3, where she channels her passion
for
making
local
government
budgeting
and
finance
accessible
and
understandable.
She
enjoys
turning
complex
financial
data
into
clear
visuals
and
narratives
that
help
communities
see the impact of land use, development, and public policy decisions. Before joining Urban3, Brooke spent over four years in the City
of
Largo,
Florida’s
Office
of
Performance
and
Budget,
where
she handled a wide range of financial projects and analysis.
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 38
Menifee Mayor and City Council
June 3, 2026
Page
353 of 1080
Menifee, CA - Phase II 7
Brooke Robinson, Graphics Specialist II Brooke enhances complex data findings into visually engaging maps, illustrations,
and
presentations.
She
endeavors
to
create
visuals
that
the
public
will
find
engaging
and
hopefully
motivational
for
taking
action
to
improve
our
built
environment.
Before
joining
Urban3,
Brooke
worked
as
a
graphic
designer,
GIS
analyst,
and
freelance
illustrator.
She
currently
resides
in
her
hometown
of
Atlanta,
Georgia.
Robert Robinson, Video & Graphics Specialist Robert specializes in helping people to understand how their human habitat
operates
behind
the
curtain,
particularly
through
2D
and
3D
animation.
Robert’s
work
at
Urban3
aims
to
contribute
to
business
development
through
brand
recognition
and
awareness,
to
educate
the
general
public
about
the
insights
Urban3
has
developed
through
its
work
in
cities
around
the
world,
and
to
advocate
for
specific
causes
related
to
land
use,
transportation,
and
municipal
economics.
Henry Walker, Business Development Administrator Henry comes to Urban3 after working for the Center for Economic Inclusion
in
St.
Paul,
MN,
where
he
supported
racial
equity
consulting
as
Consulting
Coordinator.
Before
that,
his
career
was
in
supportive
roles
in
affordable
housing
management
and
development
at
the
Habitat
Company
in
Chicago
and
the
Seattle
Housing
Authority.
Henry
brings
his
process
improvement
and
theatre
backgrounds
to
bear
on
the
Urban3
team,
helping
to
foster
collaboration
within
the
team
and
to
design
a
holistic
proposal
to
project
pipeline.
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 39
Menifee Mayor and City Council
June 3, 2026
Page
354 of 1080
Menifee, CA - Phase II 8
MENIFEE’S RETURN ON INVESTMENT ANALYSIS
PHASE 2: FISCAL REVIEW & FISCAL MAPPING As a next step in determining the long-term financial sustainability of the City, Urban3 will explore
a
Fiscal
Review
analysis,
on
a
departmental
level,
in
order
to
assist
policymakers,
City
staff,
and
the
community
of
the
City
of
Menifee
in
understanding
the
role
development
patterns
play
in
influencing
road
and
utility
costs.
This
project
phase
will
present
and
compare
the
recently
created
Revenue
Model
(Property
Taxes,
Sales
Taxes,
and
Fees)
with
a
cost
model
(All
relevant
infrastructure,
including
streets
and
pipes).
When
revenue
streams
are
netted
against
the
costs,
it
will
help
the
City
understand
the
net
position
of
the
community.
HOW IS INFRASTRUCTURE FUNDED?
STEP 1: FISCAL RESEARCH Urban3 will examine the sources and uses for City finances and catalog the mechanisms that
fund
local
services,
infrastructure,
and
capital
projects.
Our
particular
focus
will
be
on
public
goods
with
a
significant
cost
and
that
are
spatially
relevant.
This
invariably
leads
us
to
the
lifecycle
cost
of
the
infrastructure
model.
In our experience, we have found that community productivity is usually the opposite of perception
once
the
‘net’
position
is
modeled.
We
have
also
found
in
past
projects
that
perceived
revenue
sources
and
connections
differ
from
reality.
This
research
process
provides
a
clear
picture
of
the
sources
and
magnitudes
of
the
community’s
revenue
sources
and
cost
drivers.
We
will
leave
you
with
an
understanding
of
where
feedback
exists
between
land
use
choices
and
revenue
while
highlighting
how
infrastructure
is
actually
paid
for
by
the
City.
STEP 2: FISCAL REVIEW Our review process bundles various aspects of municipal accounting and cash flows, which are
usually
disaggregated,
with
fixed
infrastructures.
This
is
a
more
comprehensive
investigation
of
revenue
since
capital
revenue
can
be
opaque.
We
accomplish
this
through
a
combination
of
researching
published
materials
such
as
the
annual
budget,
capital
improvement
plan,
and
annual
financial
report.
In order to calibrate our model to the City of Menifee’s unique conditions, we will interview City
staff
to
understand
how
infrastructure
is
funded
and
the
local
cost
of
infrastructure.
STEP 3: INFRASTRUCTURE LIABILITY ANALYSIS The fixed infrastructure in a community such as a road network, the stormwater system, and water/wastewater
pipes
and
facilities
are
typically
its
largest
financial
obligation.
The
true
scale
of
that
obligation
can
be
obscured
by
accounting
practices
and
general
biases
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 40
Menifee Mayor and City Council
June 3, 2026
Page
355 of 1080
Menifee, CA - Phase II 9
ignoring their perpetual lifespan. For this procedure in the analysis, we will assemble, map, and
measure
all
the
available
sources
of
cost.
The
analysis
will
focus
heavily
on
the
road
network
since
it’s
likely
the
biggest
direct
liability
the
City
is
responsible
for.
We
will
also
include
utilities
and
spatially
relevant
operating
systems.
In
order
to
map
and
properly
account
for
these
elements
we
will
engage
in
some
data
correction
with
staff.
Typical
corrections
include
addressing
anomalies,
fixing
road
topology
issues,
and
preparing
street
and
pipe
data
for
analysis.
With an understanding of the physical quantity of the community’s infrastructure, we can then
seek
to
quantify
it
in
terms
of
the
revenue
needed.
Our
cost
methodology
differs
from
the
status
quo
Government
Finance
Officers
Association
(GFOA)
standards
and
incorporates
the
perpetual
lifecycle
costs
of
a
City.
Our
process
incorporates
the
relationship
between
development
and
the
infrastructure
that
serves
it
in
the
present.
We
look
at
the
long-term
lifecycle
cost
of
a
unit
of
infrastructure
broken
down
to
a
yearly
sum
over
that
period
and
incorporate
similar
asset
management
methodologies
in
practice
in
the
private
sector.
We
will
start
with
our
own
cost
coefficients
for
the
mapped
infrastructure
and
calibrate
them
with
input
from
staff.
Figure 3: Length and cost associated with different services in Covington, GA STEP 4: FISCAL MAPPING Urban3 will evaluate the fiscal sustainability of the City of Menifee’s development footprint.
The
analysis
will
determine
if
its
current
footprint
pays
for
itself
and
what
the
cash
flow
will
be
over
time
given
long-term
infrastructure
liabilities.
By
visualizing
which
land
use
and
development
types
contribute
to
revenue
and
required
spending,
we
will
leave
the
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 41
Menifee Mayor and City Council
June 3, 2026
Page
356 of 1080
Menifee, CA - Phase II 10
community with an understanding of the feedback between land use decisions and future cost
and
revenue
ramifications.
The analysis will include how the City’s revenue compares to the long-term maintenance, operations,
and
replacement
needs.
The
results
from
this
analysis
will
enable
a
data-driven
discussion,
allowing
the
City
to
use
data
when
considering
infill,
potential
annexation,
or
determining
what
types
of
development
to
incentivize.
The
land
use
conclusions
that
it
provides
will
serve
as
decision-making
tools
for
future
growth.
It
also
provides
the
materials
for
projecting
costs
for
the
City
of
Menifee’s
development
scenarios.
Figure above: Aggregated Cost and Revenue 3D Model for Oviedo, FL.
STEP 5: MUNICIPAL PRO FORMA TOOL Urban3’s Municipal Pro Forma Tool™ is an interactive Esri supported
add-on
which
enables
Menifee
staff,
decision
makers,
and
stakeholders
to
consider
the
key
financial
aspects
of
a
proposed
development
(revenues
and
costs
per
acre)
and
the
impacts
it
will
have
on
the
community's
long-term
fiscal
health.
The
Municipal
Pro
Forma
Tool™
l
provides
the
City
with
an
accurate
model
to
predict
infrastructure
and
service
costs
much
like
a
developer’s
pro
forma,
assisting
the
City
with
regulatory,
incentive
and
other
development
decisions.
By building on our revenue and cost analysis, and working iteratively
with
Menifee
staff,
we
will
customize
this
tool
utilizing
infrastructure
and
service
data
and
calibrate
it
to
your
specific
financial
and
administrative
needs.
Urban3
will
deliver
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 42
Menifee Mayor and City Council
June 3, 2026
Page
357 of 1080
Menifee, CA - Phase II 11
training to key City staff ensuring seamless integration with your existing ESRI products.
With
the
completed
tool
in
hand
the
City
can
evaluate
development
proposals
for
their
fiscal
impact
on
the
community
and
have
quick
summaries
of
any
developer
alternative
to
share
with
the
public
and
decision
makers.
Figure above and on previous page: Municipal Pro Forma Tool for Orange County, FL. 2025 PHASE 3: DEVELOPMENT SCENARIO PROJECTIONS & FINAL
PRESENTATIONS
Utilizing the revenue and land use insights from the prior
phases,
Urban3
will
model
the
potential
revenue
of
various
development
changes
for
up
to
three
sites
across
the
City
of
Menifee.
This
effort
provides
easy
to
digest
visual
context
to
fiscal
evaluations
of
ways
the
City
could
use
land
use
changes
to
improve
fiscal
sustainability.
HOW TO PLAN FOR YOUR COMMUNITY’S
FUTURE
FINANCIAL
HEALTH The results of our analysis of the City of Menifee will clearly demonstrate the economic potency
of
the
downtown
areas
within
the
City.
Because
of
the
scale
of
the
analysis,
you
will
be
able
to
see
the
economic
effects
of
varying
types
of
development
within
the
same
market.
Your
community
can
utilize
the
findings
from
the
study
to
inform
potential
adjustments
to
public
policy
to
maximize
both
the
downtown
area
and
the
City’s
fiscal
productivity.
Through our analysis, the City of Menifee will glean information about the development patterns
in
the
community,
leading
to
stronger
decision-making
based
on
the
public’s
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 43
Menifee Mayor and City Council
June 3, 2026
Page
358 of 1080
Menifee, CA - Phase II 12
return on investment. It is sometimes assumed that budget problems can be solved by creating
more
growth,
yet
more
growth
in
unproductive
patterns–more
cost
than
revenues–will
only
increase
economic
problems.
What
is
needed
is
an
approach
that
provides
transparency
regarding
the
cost
of
growth
and
long-term
obligations
to
create
a
healthy,
sustainable
fiscal
future
for
your
community
and
the
entire
City.
HOW WILL YOU SHARE THE ANALYSIS WITH OUR COMMUNITY? The goal of our work is threefold. First, the analysis will assist the City staff with policy recommendations
to
the
council
and
planning
commission
or
land
use-related
commissions.
Second,
Urban3
will
work
with
elected
and
appointed
officials
to
educate
them
in
cumulative
economic
thinking,
allowing
them
to
understand
the
true
costs
of
development
in
a
visual
way
as
they
make
policy
decisions.
Lastly,
we
will
present
our
final
models
to
the
broader
community
to
inform
their
understanding
of
the
true
costs
of
development
and
maintenance,
and
the
relationship
to
taxation.
At the conclusion of the project, Urban3’s Principal will deliver the results of the analysis in person.
We
will
rely
on
your
staff
to
help
coordinate
and
market
any
public
presentations.
You
know
your
community
best,
and
you
know
the
critical
audiences
that
need
to
be
engaged.
This
could
be
your
Chamber,
Neighborhood
Associations,
City
and
County
Leadership,
or
general
public
presentation.
Urban3’s
principal
can
also
conduct
workshops
with
staff
and/or
Planning
Commissioners.
WHAT WILL BE THE LASTING IMPACT OF THE ANALYSIS ON YOUR COMMUNITY?
The final deliverable will be an interactive report of the analysis findings. This document can be
put
on
your
City’s
website,
and
an
executive
summary
with
metrics
and
benchmarks
can
be
referred
to,
year
over
year.
Additionally, Urban3 will provide City of Menifee staff with 2D and 3D economic models of the
City.
These
will
be
delivered
as
an
ESRI
map
in
ArcGIS
format,
and
usable
by
GIS
staff.
● Citizens will understand the financial impact of varying development types on their City’s
current
and
future
budgets
as
they
provide
input
in
any
planning
process
● Elected officials will have a data-driven understanding of their City’s economic development
landscape,
enabling
them
to
make
informed
decisions
about
future
development
and
policy
● We will provide policy recommendations for creating a more fiscally sustainable approach
to
future
development
● A 3D model of your City’s property and sales tax revenues, that can be updated on an
annual
basis
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 44
Menifee Mayor and City Council
June 3, 2026
Page
359 of 1080
Menifee, CA - Phase II 13
PROJECT DELIVERABLES ● Introductory and data review working meetings for major budget items with staff. administration
or
governing
body
(1
meeting
per
major
budget
area
and
two
meetings
per
commissioner)
● Analysis of Menifee’s full budget and creation of graphics to share this information in a
format
that
your
community
can
easily
understand
● Visualization and analysis of revenues and expenditures in the existing budget and needed
spending
for:
○ Transportation Infrastructure ○ Stormwater Infrastructure ○ Water and Wastewater Infrastructure ● Visualization and analysis of scoped infrastructure lifecycle liabilities ● Analyses of the City of Menifee’s model of infrastructure maintenance obligations and
revenues
from
varying
development
patterns
● Analysis of long-term revenues and costs considerations for different development patterns
● Case Study of development decisions and infrastructure cost and revenue implications
● Municipal Pro Forma Tool in the hands of Menifee staff ● Selected site projections determined by Urban3 Analysts and City of Menifee staff ● 3 alternative growth patterns visualized and tabulated for impact on the City of Menifee
● Public Education Sessions, including presentations of the analysis to your community,
audiences
determined
by
the
City
of
Menifee
staff
(up
to
6 presentations
over
the
course
of
2 days).
● Brief visual report summarizing findings and materials for inclusion in larger planning effort
● The delivery of those models, including a full ESRI map, to all relevant City departments
FINAL BUDGET Task Position
Total
Fiscal Research & Cost Data Collection Financial Analyst $5,184
GIS Technician $1,896
Project Lead $2,700
Infrastructure Staff Data Meetings Financial Analyst $3,456 Analyst I $1,584
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 45
Menifee Mayor and City Council
June 3, 2026
Page
360 of 1080
Menifee, CA - Phase II 14
Cost Data Processing & Analytics Financial Analyst $7,776 Project Lead
$9,000
Analyst I $12,672
Economic Analysis & Graphic Creation Financial Analyst $7,776 Analyst I $11,880
Project Lead $3,600
Principal $2,648
Storyboarding Analyst I $1,782
Project Lead $1,350
Graphics Specialist $1,530
Principal $1,655
Scenario Projections Analyst I $12,672
Project Lead $5,400
Build Presentation Analyst I $13,464
Graphics Specialist $9,520
Principal $7,944
Municipal Pro Forma Tool Project Lead $9,000
Analyst I $4,752
Final Presentations (in-person) Principal $10,592
Final Report Analyst I $4,356
Graphics Specialist $3,060
Project Management Project Lead
$5,850
Administration Administrative $1,356
TASK TOTAL
$164,455
* Expenses are estimates and will be invoiced at actual cost. Expenses* $3,200
GRAND TOTAL
$167,655
Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 46
Menifee Mayor and City Council
June 3, 2026
Page
361 of 1080
Menifee, CA - Phase II 15
PROPOSED TIMELINE*
*Data
collection
will
begin
at
contract
signing.
Since
the
timing
of
collecting
public
data
can
be
variable,
the
project
timeline
will
be
firmly
established
when
data
collection
is
complete.
Preparation: Data collection and virtual site visit Month 1: Model processing - merge and dissolve data Month 2-4: Cost model analytics Month 5-6: Municipal Pro forma calibration, storyboarding Month 7: Development Projections & Graphics Creation Month 8: Combine revenue & cost models for scenario projections, storyboarding Month 9: Presentation and final report delivery Data-driven Storytelling • urbanthree.com
Item Title: 10.13
Agreement with Urban3, LLC for Phase 2 and 3 of a Land Use Financial Analysis Item Page Number: 47
Menifee Mayor and City Council
June 3, 2026
Page
362 of 1080
CITY OF MENIFEE
SUBJECT: Agreement with KB Home Cal Management Services, LLC. for Briggs Road Median Improvements
MEETING DATE: June 3, 2026
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Associate 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 an In Lieu Fee Agreement with KB Home Cal Management Services, LLC., for developer fee payment in the amount of $421,000 in lieu of constructing a landscaped median on Briggs Road between Holland Road and the northern boundary of the Nautical Cove project (APN 364-200-009) for Tract Map 31229.
DISCUSSION
KB Home Cal Management Services, LLC. (Developer), a Delaware Limited Liability Company, is the developer of Nautical Cove Tract Map 31229, a single-family residential housing tract consisting of 239 residential lots located at the northwest corner of Holland and Briggs Road. As part of the development’s requirements, the Developer was conditioned to install a landscaped median on Briggs Road, which would be within both the City of Menifee and the County of Riverside (County) limits.
At the project site, the centerline of Briggs Road forms the jurisdictional boundary between the City and the County. Currently, the easterly half of Briggs Road, located within the County’s jurisdiction, has not been constructed to its ultimate roadway width. As part of the project’s Conditions of Approval, the Nautical Cove development will construct improvements along the westerly half of the roadway within the City’s jurisdiction. However, rather than requiring construction of the landscaped median improvements at this time, the City has requested that the Developer provide an in-lieu fee contribution. This approach defers construction of the landscaped median until ultimate roadway improvements are completed on the County side of Briggs Road, at which time the in-lieu funds may be used by the City or an eligible County project to construct the required median improvements.
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 1
Menifee Mayor and City Council
June 3, 2026
Page
363 of 1080
City of Menifee Staff Report
In Lieu Fee Agreement for TM31229, Nautical Cove
June 3, 2026
3 3
2 6
The Developer has agreed to pay the City $421,000 in lieu of installing the conditioned improvements. The proposed In Lieu Fee Agreement (Agreement) memorializes the in lieu payment between the Developer and the City.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no General Fund fiscal impact associated with the recommended action. All costs for development and review of the Agreement have been borne by the developer. The Developer has provided payment to the City in the full amount of the in-lieu fee as of May 6, 2026, which will be held in a trust account to be used by the City or an eligible County project to construct the required median improvements.
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 2
Menifee Mayor and City Council
June 3, 2026
Page
364 of 1080
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Campolina
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Bluelake Ln
Briggs Rd
Ballast Rd
Pine View
Trail Rd
D
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m
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S
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Fisherman Ln
Tres Lagos Dr
Echo Lane Dr
Sailboat Ct
B a y s i d e S t
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Paint Horse St
S h i r e H o r s e W a y
C a r m a g u e L n
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La Piedra Rd
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East Wind Ln
Holland Rd
WINCHESTER
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Holland Rd
Old Newport Rd
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d
Garbani Rd
Briggs Rd
Newport Rd
Map Symbology
Project Site
0 380 760
Feet
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Project Location Maps\Project Location Map ArcPro\Project Location Maps\Project Location Maps.aprx Date: 5/8/2026 ¹
Briggs Road Median Cash-In-Lieu
Project Location Map- Nautical Cove
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 3
Menifee Mayor and City Council
June 3, 2026
Page
365 of 1080
2731/031858-3008
23097900.1 a05/19/26
CITY OF MENIFEE
NAUTICAL COVE
TR 31229
CASH IN-LIEU AGREEMENT
THIS CASH IN-LIEU AGREEMENT (“Agreement”) is made and entered into this __ day of _________, 2026, by and between the City of Menifee (“City”) and KB Home Cal Management Services, a Delaware Limited Liability Company (“Developer”).
RECITALS
WHEREAS, on or about April 17, 2023, Developer submitted to City, and City thereafter approved, a Unit Phasing Map with conditions of approval for Tract 31229 (the “Map”), which is attached hereto as Exhibit A for reference only; and WHEREAS, the conditions of approval for the Map contain condition number 174 (“COA 174”) which states, “A curbed landscaped median shall be constructed on Briggs Road along the project frontage consistent with City Standard Plan No. 110. As determined through engineering documentation by applicant, the Engineering Department may consider payment of cash-in-lieu for construction of raised medians that may not be feasible until buildout of roadway occurs”; and
WHEREAS, based upon information currently available, the parties acknowledge that said curbed landscaped median cannot be constructed as indicated on the Map at this time due to the need for the County of Riverside to complete full roadway buildout on one side of Briggs Road; and
WHEREAS, the parties desire this Agreement to set forth their agreement regarding a cash in-lieu payment instead of construction of the curbed landscaped median as required in COA 174 and indicated on the Map.
AGREEMENT
Based on the foregoing Recitals, which are fully incorporated herein by reference, and for mutual consideration, which is hereby acknowledged, the parties agree as follows:
1. Developer shall pay to City Four Hundred Twenty-One Thousand Dollars ($421,000) as a cash in-lieu payment (“In-Lieu Payment”).
2. The In-Lieu Payment shall be in the form of a check, cashier’s check, or an electronic funds transfer.
3. The In-lieu Payment shall be made on the date of execution of this Agreement.
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 4
Menifee Mayor and City Council
June 3, 2026
Page
366 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 5
Menifee Mayor and City Council
June 3, 2026
Page
367 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 6
Menifee Mayor and City Council
June 3, 2026
Page
368 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 7
Menifee Mayor and City Council
June 3, 2026
Page
369 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 8
Menifee Mayor and City Council
June 3, 2026
Page
370 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 9
Menifee Mayor and City Council
June 3, 2026
Page
371 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 10
Menifee Mayor and City Council
June 3, 2026
Page
372 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 11
Menifee Mayor and City Council
June 3, 2026
Page
373 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 12
Menifee Mayor and City Council
June 3, 2026
Page
374 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 13
Menifee Mayor and City Council
June 3, 2026
Page
375 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 14
Menifee Mayor and City Council
June 3, 2026
Page
376 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 15
Menifee Mayor and City Council
June 3, 2026
Page
377 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 16
Menifee Mayor and City Council
June 3, 2026
Page
378 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 17
Menifee Mayor and City Council
June 3, 2026
Page
379 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 18
Menifee Mayor and City Council
June 3, 2026
Page
380 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 19
Menifee Mayor and City Council
June 3, 2026
Page
381 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 20
Menifee Mayor and City Council
June 3, 2026
Page
382 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 21
Menifee Mayor and City Council
June 3, 2026
Page
383 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 22
Menifee Mayor and City Council
June 3, 2026
Page
384 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 23
Menifee Mayor and City Council
June 3, 2026
Page
385 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 24
Menifee Mayor and City Council
June 3, 2026
Page
386 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 25
Menifee Mayor and City Council
June 3, 2026
Page
387 of 1080
Item Title: 10.14
Agreement
with
KB
Home
Cal
Management
Services,
LLC.
for
Briggs
Road
Median
Improvements
Item Page Number: 26
Menifee Mayor and City Council
June 3, 2026
Page
388 of 1080
CITY OF MENIFEE
SUBJECT: Agreement with MNJ Technologies for the Firewall Replacement
MEETING DATE: June 3, 2026
TO: Mayor and City Council
PREPARED BY: Ross Sublett, Management Analyst I
REVIEWED BY: Michelle Sarkissian, Chief Information Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a five-year agreement with MNJ Technologies for Firewall Replacements pursuant to the Omnia Cooperative Agreement for a total not-to-exceed amount of $299,508.70 through June 2031; and
2. Approve and authorize this purchase utilizing Omnia No. 01-148 Cooperative Agreement pursuant to Menifee Municipal Code Section 3.12.210; and
3. Authorize the City Manager to execute all documents required for this purchase and the Finance Department to issue corresponding purchase orders for the firewall purchase; and
4. Adopt a budget amendment resolution appropriating $299,508.70 from Information Technology’s fund balance into the project account.
DISCUSSION
To ensure the City’s digital operations remain secure and reliable, staff is recommending upgrading the City’s firewall systems. Firewalls act as the City’s first line of defense protecting networks, systems, and sensitive information from cyber threats. As technology evolves, these threats become more advanced, and it is important for the City to keep its security tools up to date.
The City’s current firewall equipment is approaching the end of its supported lifespan. Replacing this equipment before it expires is a standard, proactive business practice that helps reduce security risks, prevent system disruptions, and avoid increased maintenance costs. The proposed Firewall Upgrade (Project) would ensure the City can continue providing safe, reliable, and uninterrupted digital services to the public and its employees.
Item Title: 10.15
Agreement with MNJ Technologies for the Firewall Replacement Item Page Number: 1
Menifee Mayor and City Council
June 3, 2026
Page
389 of 1080
City of Menifee Staff Report
Menifee Firewall Replacement
June 3, 2026