Agenda packet, second session — Menifee City Council, July 15, 2026 (part 4 of 17)

3 3
7 8
The proposed annexation must be reviewed and approved by the Riverside Local Agency Formation Commission (LAFCO), the agency responsible for evaluating jurisdictional boundary changes and service transitions. The application process is anticipated to take approximately one year and will require preparation of a comprehensive application package, including boundary mapping, a Plan for Services, fiscal and operational analyses, environmental documentation, and supporting technical narratives. Consistent with prior discussions, this effort will be undertaken in coordination with Valley-Wide as the existing assessing and administering agency for the Menifee Parks LMD.

Because preparation of a LAFCO application requires specialized expertise in areas such as service transition planning, public finance, environmental compliance, and LAFCO procedures, the City sought consultant assistance to guide the process and prepare the required application materials. On February 20, 2026, the City issued Request for Proposals (RFP) No. 2026-08 seeking qualified firms to provide professional consulting services. The proposal deadline was subsequently extended from March 23, 2026, to April 2, 2026, in response to a request from a prospective proposer. One proposal was received from Kimley-Horn and Associates, Inc.

Following review of the proposal, consultant interviews, and subsequent negotiations, staff determined that Kimley-Horn and its subconsultant, DTA, a public finance consulting firm, possess the qualifications and experience necessary to successfully complete the project. Kimley- Horn has previously provided satisfactory consulting services to the City on a variety of projects, and both firms have experience supporting annexation efforts and LAFCO proceedings throughout California. The consultant team also demonstrated an understanding of the City’s desire to pursue a collaborative process with Valley-Wide while building upon the fiscal, mapping, and technical analyses already completed. Based on these qualifications and discussions, staff recommends award of the agreement to Kimley-Horn and Associates, Inc.

Funding for this agreement in the amount of $113,595 was appropriated as part of the FY 2026/27 Community Services Department operating budget to support preparation of the Menifee Parks LMD annexation application. While the proposed scope of work has been developed based on currently available information, LAFCO may identify additional tasks or deliverables during its review of the application. Such requests may include additional studies, public outreach, agency coordination, or other technical support necessary to advance the application. Should additional funding be required beyond the approved contract amount, staff will return to the City Council for review and approval.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
Funding for this agreement in the amount of $113,595 was appropriated as part of the FY 2026/27 Community Services Department operating budget to support preparation of the Menifee Parks LMD annexation application. This funding is intended for one-time consulting services associated with the LAFCO application process, as shown in Table 1 on the following page. Any additional Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 2
Menifee Mayor and City Council
July 15, 2026
Page
340 of 3153

City of Menifee Staff Report
Agreement with Kimley-Horn and Associates, Inc.

July 15, 2026

Page 3 of 3 ends

3 3
7 8
funding requirements identified during the LAFCO review would be subject to future City Council review and approval.

TABLE 1 – FY 2026/2027 AVAILABLE BUDGET
Fund Project Account String Available Budget FY 2026/27 (FY 2025/26 Amount Rolled
Over)
General Fund 1100-53-CSD-CADM-701-15000-
652855-
$113,595

ATTACHMENTS

1. Agreement
Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 3
Menifee Mayor and City Council
July 15, 2026
Page
341 of 3153

2905/031858-0001
18155996.1 a05/27/26

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

LAFCO APPLICATION SUPPORT SERVICES
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 KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on July 15, 2026 and shall end on December 31, 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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 4
Menifee Mayor and City Council
July 15, 2026
Page
342 of 3153

2905/031858-0001
18155996.1 a05/27/26 -2-

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 THIRTEEN

THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS AND ZERO
CENTS ($113,595.00) 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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 5
Menifee Mayor and City Council
July 15, 2026
Page
343 of 3153

2905/031858-0001
18155996.1 a05/27/26 -3-
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.

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 6
Menifee Mayor and City Council
July 15, 2026
Page
344 of 3153

2905/031858-0001
18155996.1 a05/27/26 -4-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 7
Menifee Mayor and City Council
July 15, 2026
Page
345 of 3153

2905/031858-0001
18155996.1 a05/27/26 -5-

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.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 8
Menifee Mayor and City Council
July 15, 2026
Page
346 of 3153

2905/031858-0001
18155996.1 a05/27/26 -6-
(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: LAFCO APPLICATION SUPPORT SERVICES. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. 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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 9
Menifee Mayor and City Council
July 15, 2026
Page
347 of 3153

2905/031858-0001
18155996.1 a05/27/26 -7-
to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded
Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 10
Menifee Mayor and City Council
July 15, 2026
Page
348 of 3153

2905/031858-0001
18155996.1 a05/27/26 -7-
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.

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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 11
Menifee Mayor and City Council
July 15, 2026
Page
349 of 3153

2905/031858-0001
18155996.1 a05/27/26 -8-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 12
Menifee Mayor and City Council
July 15, 2026
Page
350 of 3153

2905/031858-0001
18155996.1 a05/27/26 -9-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 13
Menifee Mayor and City Council
July 15, 2026
Page
351 of 3153

2905/031858-0001
18155996.1 a05/27/26 -10-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 14
Menifee Mayor and City Council
July 15, 2026
Page
352 of 3153

2905/031858-0001
18155996.1 a05/27/26 -11-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 15
Menifee Mayor and City Council
July 15, 2026
Page
353 of 3153

2905/031858-0001
18155996.1 a05/27/26 -12-
annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the
Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 16
Menifee Mayor and City Council
July 15, 2026
Page
354 of 3153

2905/031858-0001
18155996.1 a05/27/26 -12-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 17
Menifee Mayor and City Council
July 15, 2026
Page
355 of 3153

2905/031858-0001
18155996.1 a05/27/26 -13-

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any 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.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 18
Menifee Mayor and City Council
July 15, 2026
Page
356 of 3153

2905/031858-0001
18155996.1 a05/27/26 -14-

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

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

SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 19
Menifee Mayor and City Council
July 15, 2026
Page
357 of 3153

2905/031858-0001
18155996.1 a05/27/26 -15-
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 Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 20
Menifee Mayor and City Council
July 15, 2026
Page
358 of 3153

2905/031858-0001
18155996.1 a05/27/26 -15-
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 Darryl DePencier (“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, Kori Jones, Sr. Management Analyst (“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:

KIMLEY-HORN AND ASSOCIATES, INC.

Attn: Darryl DePencier
401 B Street, Suite 600
San Diego, CA 92101
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kori Jones, Sr. Management Analyst
with a copy to:

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

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

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 21
Menifee Mayor and City Council
July 15, 2026
Page
359 of 3153

2905/031858-0001
18155996.1 a05/27/26 -16-
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

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

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

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

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

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

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

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

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 22
Menifee Mayor and City Council
July 15, 2026
Page
360 of 3153

2905/031858-0001
18155996.1 a05/27/26 -17-
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
Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 23
Menifee Mayor and City Council
July 15, 2026
Page
361 of 3153

2905/031858-0001
18155996.1 a05/27/26 -17-
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: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 24
Menifee Mayor and City Council
July 15, 2026
Page
362 of 3153

2905/031858-0001
18155996.1 a05/27/26 -18-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

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

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
John A. Pollock, Vice President

John A. Pollock, Vice President

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

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 25
Menifee Mayor and City Council
July 15, 2026
Page
363 of 3153

2905/031858-0001
18155996.1 a05/27/26
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include LAFCO APPLICATION SUPPORT SERVICES in the amount not to exceed ONE HUNDRED THIRTEEN THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS AND ZERO CENTS ($113,595.00) as further detailed in the following page(s).

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 26
Menifee Mayor and City Council
July 15, 2026
Page
364 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 27
Menifee Mayor and City Council
July 15, 2026
Page
365 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 28
Menifee Mayor and City Council
July 15, 2026
Page
366 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 29
Menifee Mayor and City Council
July 15, 2026
Page
367 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 30
Menifee Mayor and City Council
July 15, 2026
Page
368 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 31
Menifee Mayor and City Council
July 15, 2026
Page
369 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 32
Menifee Mayor and City Council
July 15, 2026
Page
370 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 33
Menifee Mayor and City Council
July 15, 2026
Page
371 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 34
Menifee Mayor and City Council
July 15, 2026
Page
372 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 35
Menifee Mayor and City Council
July 15, 2026
Page
373 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 36
Menifee Mayor and City Council
July 15, 2026
Page
374 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Total Cost (Excluding Optional Tasks): $108,095, plus Optional Task 5 (Fiscal Impact Analysis):
$5,500.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 37
Menifee Mayor and City Council
July 15, 2026
Page
375 of 3153

2905/031858-0001
18155996.1 a05/27/26 EXHIBIT A.

Item Title: 10.16
Bid

Award

and

Agreement

with

Kimley-Horn

and

Associates,

Inc.

for

LAFCO

Application

Support
Services
Item Page Number: 38
Menifee Mayor and City Council
July 15, 2026
Page
376 of 3153

CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement
MEETING DATE: July 15, 2026
TO: Mayor and City Council
PREPARED BY: Ross Sublett, Management Analyst
REVIEWED BY: Michelle Sarkissian, Chief Information Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Revize, LLC for City Website and Mobile App Replacement in a total amount not-to-exceed $119,100 through November 30, 2027; and

2. Authorize the City Manager or designee to execute up to three one-year extensions for annual hosting and maintenance costs in an aggregate amount not-to-exceed $111,671; and

3. Authorize the Finance Department to issue individual Purchase Orders (PO) on an as-needed basis in the aggregate of the not-to-exceed amount in the agreement; and

4. Adopt a budget amendment resolution amending the Fiscal Year 2026/2027 budget, appropriating $119,100 from Information Technology’s fund balance into the project account.

DISCUSSION
The City's public website serves as the primary digital front door for residents, businesses, developers, and visitors seeking information and accessing City services. Originally implemented more than ten years ago, the City's website and service request platform have successfully supported the community's needs and are now due for modernization to better align with evolving technology, accessibility standards, and public expectations for digital services.

To continue enhancing the City's online services, the City initiated a competitive procurement process to replace the existing website, mobile app, and service request platform with a modern, mobile-first solution that unifies the City's digital presence under a single, cohesive brand. A key objective of this initiative is the strategic consolidation of the City's three separate public-facing websites, including the primary City website, the Police Department website, and the Economic Development website, into a single, unified platform that serves as the City's primary digital front door. Rather than requiring residents, businesses, and visitors to navigate between multiple Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 1
Menifee Mayor and City Council
July 15, 2026
Page
377 of 3153

City of Menifee Staff Report
Agreement with Revize, LLC
July 15, 2026

Page 2 of 4 ends

3 3
9 2
websites with different branding, navigation, and user experiences, the new platform will provide a consistent and cohesive online presence for all City departments while integrating the City's mobile application and core public-facing services, including the online permitting portal, business licensing, public records requests, legislative management, and municipal code platforms. In addition to improving the resident experience, consolidating the City's websites onto a single platform is expected to reduce ongoing website hosting, maintenance, and support costs. The City currently expends approximately $56,000 annually to maintain three separate public-facing websites through multiple vendors. Following implementation, annual maintenance costs are anticipated to decrease by approximately $20,000 beginning in Fiscal Year 2027/2028, while providing a more unified and efficient digital experience.

In addition to replacing the City's website, the project includes the implementation of a modern service request management platform (replacing Report an Issue) that will streamline the submission, tracking, and management of requests while improving administrative efficiency for City staff. To ensure a smooth transition, the current mobile app will remain active throughout the project implementation, and all active, open requests and reported issues will be fully migrated into the new system prior to the official cutover. Once the new platform is ready, the City will deploy a proactive communications campaign to guide residents through downloading the new app and encourage them to discontinue using the legacy version by a specified date. Together, these strategic improvements will provide residents with a more user-friendly, consistent, and uninterrupted experience across the City's website, mobile application, and online services.

To identify the solution that best met the City's objectives, on March 4, 2026, the City issued Request for Proposals (RFP) #2026-09 for Website and Mobile App Replacement Services. A total of twenty (20) proposal responses were received by the April 20, 2026 deadline. An evaluation committee composed of key City staff evaluated the submittals based on qualifications, experience, project approach, and cost. Following this initial review, four (4) finalists were selected to participate in structured demonstrations and interviews evaluated by a seven-member panel representing the Information Technology, Communications, Economic Development, Community Services, and Community Development Departments.

Following the final interview and demonstration phase, the final average weighted scores out of a possible 100 points were compiled on Table 1 below.

TABLE 1- PROPOSAL EVALUATION SUMMARY
Firm Average Score (100 Points)
Revize, LLC 93.57
BX Studio 88.14
CivicPlus, LLC 81.86
Exemplifi, LLC 76.43
Staff is recommending Revize, LLC. Based on the established evaluation criteria, Revize, LLC achieved the highest overall score with an average of 93.57 points. Revize, LLC demonstrated the strongest overall understanding of the City's objectives and public-sector digital service needs, backed by a nationwide portfolio of over 3,000 municipal and county website deployments, including extensive experience with California municipalities such as Huntington Beach, Redondo Beach, and Buena Park.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 2
Menifee Mayor and City Council
July 15, 2026
Page
378 of 3153

City of Menifee Staff Report
Agreement with Revize, LLC
July 15, 2026

Page 3 of 4 ends

3 3
9 2
Key factors distinguishing Revize, LLC as the highest-ranking proposer include:
Modern Resident Experience: The platform delivers a modern, mobile-friendly website and integrated mobile application with simplified navigation, making it easier for residents to quickly find information and access City services.
Simplified Website Administration: Authorized departmental staff can easily update website content, post announcements, and manage information through an intuitive content management system without specialized technical knowledge. The vendor also provides ongoing technical, design, accessibility, and user experience support, allowing the City to effectively manage the website without the need for a dedicated full-time webmaster.
Accessibility, Security & Reliability: The platform includes built-in accessibility monitoring to help maintain compliance with Web Content Accessibility Guidelines (WCAG), making the website easier to use for individuals with disabilities. It also provides enterprise-grade cloud hosting, advanced security features, and a 99.99% uptime target to ensure reliable public access to City services.
Long-Term Flexibility & Data Ownership: The City retains ownership of all website data and source code, reducing vendor lock-in and providing flexibility for future technology decisions while protecting the City's long-term investment.

Following the City Council's approval and execution of the Professional Services Agreement, a formal project kickoff will be scheduled to finalize the precise statement of work, delivery timelines, and sitemap development workflows. To guide the project through implementation, the City will utilize an interdepartmental workgroup led by the Information Technology and Communications Departments, ensuring all municipal functions are accurately represented in the new digital ecosystem. Although the vendor's implementation schedule is estimated at approximately 5 to 7 months, the City's broader modernization effort including content review, departmental coordination, governance, staff training, phased enhancements, and post-launch optimization is anticipated to span approximately 12 to 18 months. The City’s current digital platforms will remain live throughout this collaborative development cycle to ensure zero disruption in public service delivery or resident engagement.

Upon completion, residents will have access to a modern, mobile-friendly website and integrated mobile application that make it easier to find information, submit and track service requests, receive notifications, access City information and services, and navigate third-party applications through a consistent City-branded experience. Collectively, these improvements establish a modern digital foundation that supports current community needs while positioning the City to expand online services and resident engagement as technology and public expectations continue to evolve.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 3
Menifee Mayor and City Council
July 15, 2026
Page
379 of 3153

City of Menifee Staff Report
Agreement with Revize, LLC
July 15, 2026

Page 4 of 4 ends

3 3
9 2

FISCAL IMPACT
The fiscal impact for the proposed agreement with Revize is in a not-to-exceed amount of $119,100 for FY 2026/2027. Funding for the proposed agreement would be appropriated into the FY 2026/2027 budget within the IT Fund in the One-Time Consulting and Software accounts (1110-ITD-652855, and 1110-ITD-651353 respectively) out of available IT fund balance. Funding for the subsequent fiscal years will be budgeted into each respective annual budget and are displayed in Table 2 below. No additional budget appropriation(s) would be required for this action.

TABLE 2- CONTRACT BUDGET BREAKDOWN
Fiscal Year Proposed Budget Anticipated Account
FY 2026/2027 $119,100 1110-ITD-652855/1110-ITD-651353
FY 2027/2028 $36,596 1110-ITD-651353
FY 2028/2029 $37,215 1110-ITD-651353
FY 2029/2030 $37,860 1110-ITD-651353
TOTAL $230,711
As part of this project, the City will consolidate three separate public-facing websites currently maintained through multiple vendors into a single platform. The City currently expends approximately $56,000 annually for website hosting, maintenance, and support. Following implementation, annual operating costs are anticipated to decrease by approximately $20,000 beginning in FY 2027/2028, providing ongoing operational savings while delivering an improved and more unified digital experience for residents.

ATTACHMENTS

1. Professional Services Agreement – Revize, LLC

2. Budget Amendment Resolution – Fund 1110
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 4
Menifee Mayor and City Council
July 15, 2026
Page
380 of 3153

2905/031858-0001
19338889.2 a02/20/25

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

WEBSITE AND MOBILE APPLICATION REPLACEMENT SERVICES
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 REVIZE, LLC, a Michigan 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.

1.1 Term of Services. The term of this Agreement shall begin on August 1, 2026 and shall end on November 30, 2027 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”). None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The word “term” shall refer to the Initial Term and any renewal term which actually occurs. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 5
Menifee Mayor and City Council
July 15, 2026
Page
381 of 3153

2905/031858-0001
19338889.2 a02/20/25 -2-

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED THIRTY THOUSAND SEVEN HUNDRED SEVENTY‑ONE DOLLARS ($230,771.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. In no event shall the compensation paid during the term of this Agreement exceed the following amounts:
a. Initial Term: ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($119,100.00)
b. First Renewal Term: THIRTY‑SIX THOUSAND FIVE HUNDRED NINETY SIX DOLLARS AND ZERO CENTS ($36,596.00)
c. Second Renewal Term: THIRTY SEVEN THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND ZERO CENTS ($37,215.00)
d. Third Renewal Term: THIRTY-SEVEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND ZERO CENTS ($37,860.00)

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 6
Menifee Mayor and City Council
July 15, 2026
Page
382 of 3153

2905/031858-0001
19338889.2 a02/20/25 -3-
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;
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.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 7
Menifee Mayor and City Council
July 15, 2026
Page
383 of 3153

2905/031858-0001
19338889.2 a02/20/25 -4-

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

SECTION 4. INSURANCE REQUIREMENTS.

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 Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 8
Menifee Mayor and City Council
July 15, 2026
Page
384 of 3153

2905/031858-0001
19338889.2 a02/20/25 -5-
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.

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

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

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 9
Menifee Mayor and City Council
July 15, 2026
Page
385 of 3153

2905/031858-0001
19338889.2 a02/20/25 -6-
(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.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

WEBSITE AND MOBILE APPLICATION REPLACEMENT SERVICES. The name and Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 10
Menifee Mayor and City Council
July 15, 2026
Page
386 of 3153

2905/031858-0001
19338889.2 a02/20/25 -7-
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 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.

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 Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 11
Menifee Mayor and City Council
July 15, 2026
Page
387 of 3153

2905/031858-0001
19338889.2 a02/20/25 -8-
the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

SECTION 5. INDEMNIFICATION.

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

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

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 12
Menifee Mayor and City Council
July 15, 2026
Page
388 of 3153

2905/031858-0001
19338889.2 a02/20/25 -9-
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.

SECTION 6. INDEPENDENT CONTRACTOR.

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

SECTION 7. LEGAL REQUIREMENTS.

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

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

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

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 13
Menifee Mayor and City Council
July 15, 2026
Page
389 of 3153

2905/031858-0001
19338889.2 a02/20/25 -10-
effectuating compliance with such laws where they apply to the Services, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 14
Menifee Mayor and City Council
July 15, 2026
Page
390 of 3153

2905/031858-0001
19338889.2 a02/20/25 -11-
(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. 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.

2905/031858-0001
19338889.2 a02/20/25 -12-
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 annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement.

Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 16
Menifee Mayor and City Council
July 15, 2026
Page
392 of 3153

2905/031858-0001
19338889.2 a02/20/25 -13-
knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

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

8.7 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.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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.

2905/031858-0001
19338889.2 a02/20/25 -14-
medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

SECTION 10. MISCELLANEOUS PROVISIONS.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 18
Menifee Mayor and City Council
July 15, 2026
Page
394 of 3153

2905/031858-0001
19338889.2 a02/20/25 -15-

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 Thomas Jean, Program Manager (“Consultant’s Representative”).

The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

REVIZE, LLC DBA REVIZE GOVERNMENT WEBSITES
Attn: Thomas Jean, Program Manager
150 Kirts Blvd. Suite B
Troy, MI 48084
Any written notice to City shall be sent to the Contract Administrator at:

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

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 19
Menifee Mayor and City Council
July 15, 2026
Page
395 of 3153

2905/031858-0001
19338889.2 a02/20/25 -16-
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

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.

10.16 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: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 20
Menifee Mayor and City Council
July 15, 2026
Page
396 of 3153

2905/031858-0001
19338889.2 a02/20/25 -17-

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.

2905/031858-0001
19338889.2 a02/20/25 -18-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

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

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Akshaya Ray, CEO

Joseph Nagrant, VP Business Development

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 22
Menifee Mayor and City Council
July 15, 2026
Page
398 of 3153

2905/031858-0001
19338889.2 a02/20/25
EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include WEBSITE AND MOBILE APPLICATION REPLACEMENT SERVICES in the amount not to exceed TWO HUNDRED THIRTY THOUSAND SEVEN HUNDRED SEVENTY‑ONE DOLLARS ($230,771.00) as further detailed in the following page(s). In no event shall the compensation paid during the term of this Agreement exceed the following amounts:

Initial Term: ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($119,100.00)
First Renewal Term: THIRTY‑SIX THOUSAND FIVE HUNDRED NINETY SIX DOLLARS AND ZERO CENTS ($36,596.00)
Second Renewal Term: THIRTY SEVEN THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND ZERO CENTS ($37,215.00)
Third Renewal Term: THIRTY-SEVEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND ZERO CENTS ($37,860.00)
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 23
Menifee Mayor and City Council
July 15, 2026
Page
399 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 24
Menifee Mayor and City Council
July 15, 2026
Page
400 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 25
Menifee Mayor and City Council
July 15, 2026
Page
401 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 26
Menifee Mayor and City Council
July 15, 2026
Page
402 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 27
Menifee Mayor and City Council
July 15, 2026
Page
403 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 28
Menifee Mayor and City Council
July 15, 2026
Page
404 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 29
Menifee Mayor and City Council
July 15, 2026
Page
405 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 30
Menifee Mayor and City Council
July 15, 2026
Page
406 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 31
Menifee Mayor and City Council
July 15, 2026
Page
407 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 32
Menifee Mayor and City Council
July 15, 2026
Page
408 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 33
Menifee Mayor and City Council
July 15, 2026
Page
409 of 3153

2905/031858-0001
19338889.2 a02/20/25 EXHIBIT A.

Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 34
Menifee Mayor and City Council
July 15, 2026
Page
410 of 3153

RESOLUTION NO. 27-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2026/27 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2025/26 and Fiscal Year 2026/27 with Resolution 25-1596 on June 18 th, 2025 and subsequently adopted a revised budget for Fiscal Year 2026/27 with Resolution 26-1728 on June 3, 2026; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2026/27 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

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

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
TOTAL:

CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
July 15, 2026
City Website and Mobile App
Replacement with Revize LLC –
Software
1110-50-ITD-OPER-
000-00000-651353- $36,000
July 15, 2026
City Website and Mobile App
Replacement with Revize LLC – One-
time Consulting Services
1110-50-ITD-OPER-
000-0000-652855- $83,100
Total $119,100
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 35
Menifee Mayor and City Council
July 15, 2026
Page
411 of 3153

Amending the Fiscal Year 2026/27 Information Technology Fund Budget City Website and Mobile App Replacement with Revize LLC 2 5
2 6
9 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Information Technology Fund 1110 for the City of Menifee for FY 2026/27 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

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

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $6,504,546 $100,000 $0.00 $6,604,546
Expenditures $6,904,546 $177,072 $119,100 $7,200,718
Item Title: 10.17
Bid Award and Agreement with Revize, LLC for City Website and Mobile App Replacement Item Page Number: 36
Menifee Mayor and City Council
July 15, 2026
Page
412 of 3153

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Riverside County Flood Control and Water Conservation District, the County of Riverside, and D.R. Horton for the Menifee Valley – Holland Road Channel, Stage 1
MEETING DATE: July 15, 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 Amendment No. 1 to the Cooperative Agreement between Riverside County Flood Control and Water Conservation District, the County of Riverside, D.R. Horton, and the City of Menifee to guarantee the completion of the required flood control facility improvements associated with County of Riverside Tract Map 37439 by D.R. Horton Los Angeles Holding Company, Inc., located east of Briggs Road and south of Holland Road, in the unincorporated area of the County of Riverside.

DISCUSSION
Tract Map 37439, also known as Canterwood (Project), is a proposed residential development in the unincorporated area of the County of Riverside, just outside the City limits. The Project is located east of Briggs Road and south of Holland Road. While the Project is not located within the City limits, D.R. Horton Los Angeles Holding Company, Inc. (Developer), a California corporation, is required to construct stormwater facility improvements for the Riverside County Flood Control and Water Conservation District (District) that fall within the City limits at the intersection of Briggs Road and Holland Road, as shown in the attached Project Location Map.

The Holland Channel Stage 1 (District Facilities) improvements consist of approximately 370 feet of a 14-foot by 7-foot concrete box, approximately 225 lineal feet of transition structures, associated outlet structures, and an access road. The four-party Cooperative Agreement (Agreement) was accepted by City Council on December 4, 2024. The ownership and ongoing maintenance of the Project improvements are summarized below:

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 1
Menifee Mayor and City Council
July 15, 2026
Page
413 of 3153

City of Menifee Staff Report
Amendment - Holland Road Channel Stage 1
July 15, 2026

Page 2 of 2 ends

3 3
7 0
•The District Facilities described above would be owned and operated by the Flood Control District as District drainage facilities.
•The City would be responsible for maintaining the appurtenances associated with the District Facilities, including catch basins, connector pipes, and storm drain lines that are 36 inches or less in diameter and fall within City limits (City Facilities). •Riverside County (County) would be responsible for the appurtenances associated with the District Facilities, including catch basins, connector pipes, and storm drain lines that are 36 inches or less in diameter, within the unincorporated area of Riverside County (County Facilities).
•Construction of District Facilities would include the construction of a daylight channel (Daylight Channel), located within the Developer’s right-of-way. The Daylight Channel will be owned and maintained by the Developer (Developer Facilities).

The proposed amendment (Amendment) to the Agreement clarifies that the District is responsible for the operation and maintenance of the Briggs Culvert, including both its structural and hydraulic functions, per the request of the County. In addition, the amendment clarifies that the outlet must be adequately graded to ensure the proper conveyance of flows downstream from the Holland Channel, in accordance with City-approved grading plans and to the District’s satisfaction. These changes are intended solely to explicitly document maintenance responsibilities and do not introduce any new or additional requirements.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All costs incurred in constructing the Project would be borne by the Developer. Upon acceptance of the Project, the District would be responsible for the operation and maintenance of the District Facilities, the City would be responsible for the maintenance of City Facilities, the County would be responsible for the maintenance of County Facilities, and the Developer would be responsible for the maintenance of the Developer Facilities. Funding to support the costs associated with the maintenance of City Facilities would be established in future fiscal year operating budgets.

ATTACHMENTS

1. Project Location Map

2. Agreement Amendment

3. Original Agreement
Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 2
Menifee Mayor and City Council
July 15, 2026
Page
414 of 3153

H o l l a n d R dH o l l a n d R dH o l l a n d R d

HHOOLL LL AANNDD CC HH AA NN NN EE LL

HOL L AND C H A N N E L

RIVERSIDE COUNTY LIMITSRIVERSIDE COUNTY LIMITSRIVERSIDE COUNTY LIMITS

CITY OF MENIFEE LIMITSCITY OF MENIFEE LIMITSCITY OF MENIFEE LIMITS C r a i g A v eC r a i g A v eC r a i g A v e
Leon Rd Leon Rd Leon Rd
Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,

the

County

Riverside,

and

D.R.

Horton
for the Menifee Valley – Holland Road Channel, Stage 1
Item Page Number: 3
Menifee Mayor and City Council
July 15, 2026
Page
415 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 4
Menifee Mayor and City Council
July 15, 2026
Page
416 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 5
Menifee Mayor and City Council
July 15, 2026
Page
417 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 6
Menifee Mayor and City Council
July 15, 2026
Page
418 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 7
Menifee Mayor and City Council
July 15, 2026
Page
419 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 8
Menifee Mayor and City Council
July 15, 2026
Page
420 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 9
Menifee Mayor and City Council
July 15, 2026
Page
421 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 10
Menifee Mayor and City Council
July 15, 2026
Page
422 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 11
Menifee Mayor and City Council
July 15, 2026
Page
423 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 12
Menifee Mayor and City Council
July 15, 2026
Page
424 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 13
Menifee Mayor and City Council
July 15, 2026
Page
425 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 14
Menifee Mayor and City Council
July 15, 2026
Page
426 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 15
Menifee Mayor and City Council
July 15, 2026
Page
427 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 16
Menifee Mayor and City Council
July 15, 2026
Page
428 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 17
Menifee Mayor and City Council
July 15, 2026
Page
429 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 18
Menifee Mayor and City Council
July 15, 2026
Page
430 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 19
Menifee Mayor and City Council
July 15, 2026
Page
431 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 20
Menifee Mayor and City Council
July 15, 2026
Page
432 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 21
Menifee Mayor and City Council
July 15, 2026
Page
433 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 22
Menifee Mayor and City Council
July 15, 2026
Page
434 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 23
Menifee Mayor and City Council
July 15, 2026
Page
435 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 24
Menifee Mayor and City Council
July 15, 2026
Page
436 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 25
Menifee Mayor and City Council
July 15, 2026
Page
437 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 26
Menifee Mayor and City Council
July 15, 2026
Page
438 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 27
Menifee Mayor and City Council
July 15, 2026
Page
439 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 28
Menifee Mayor and City Council
July 15, 2026
Page
440 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 29
Menifee Mayor and City Council
July 15, 2026
Page
441 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 30
Menifee Mayor and City Council
July 15, 2026
Page
442 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 31
Menifee Mayor and City Council
July 15, 2026
Page
443 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 32
Menifee Mayor and City Council
July 15, 2026
Page
444 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 33
Menifee Mayor and City Council
July 15, 2026
Page
445 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 34
Menifee Mayor and City Council
July 15, 2026
Page
446 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 35
Menifee Mayor and City Council
July 15, 2026
Page
447 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 36
Menifee Mayor and City Council
July 15, 2026
Page
448 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 37
Menifee Mayor and City Council
July 15, 2026
Page
449 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 38
Menifee Mayor and City Council
July 15, 2026
Page
450 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 39
Menifee Mayor and City Council
July 15, 2026
Page
451 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 40
Menifee Mayor and City Council
July 15, 2026
Page
452 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 41
Menifee Mayor and City Council
July 15, 2026
Page
453 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 42
Menifee Mayor and City Council
July 15, 2026
Page
454 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 43
Menifee Mayor and City Council
July 15, 2026
Page
455 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 44
Menifee Mayor and City Council
July 15, 2026
Page
456 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 45
Menifee Mayor and City Council
July 15, 2026
Page
457 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 46
Menifee Mayor and City Council
July 15, 2026
Page
458 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 47
Menifee Mayor and City Council
July 15, 2026
Page
459 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 48
Menifee Mayor and City Council
July 15, 2026
Page
460 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 49
Menifee Mayor and City Council
July 15, 2026
Page
461 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 50
Menifee Mayor and City Council
July 15, 2026
Page
462 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 51
Menifee Mayor and City Council
July 15, 2026
Page
463 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 52
Menifee Mayor and City Council
July 15, 2026
Page
464 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 53
Menifee Mayor and City Council
July 15, 2026
Page
465 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 54
Menifee Mayor and City Council
July 15, 2026
Page
466 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 55
Menifee Mayor and City Council
July 15, 2026
Page
467 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 56
Menifee Mayor and City Council
July 15, 2026
Page
468 of 3153

Item Title: 10.18
Agreement

Amendment

with

Riverside

County

Flood

Control

and

Water

Conservation

District,
the

County

Riverside,

and

D.R.

Horton

for

the

Menifee

Valley

–

Holland

Road

Channel,

Stage
1 Item Page Number: 57
Menifee Mayor and City Council
July 15, 2026
Page
469 of 3153

CITY OF MENIFEE
SUBJECT: Agreement Amendment with Integrated Pest Control Management, Inc. for Pest Control Services
MEETING DATE: July 15, 2026
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 6 to the Professional Services Agreement (PSA) with Integrated Pest Control Management, Inc. for pest control services in the amount of $6,040 for a total not-to-exceed amount of $106,040; and

2. Authorize the City Manager to execute agreement amendments for the remainder of the contract at the City’s discretion and contingent on availability of the corresponding budget.

DISCUSSION
The City of Menifee’s Community Services Department oversees the maintenance of all City owned and leased facilities as well as 22 parks throughout the City. Pest control services are required at all 15 facilities as well as several parks.

On March 1, 2023, City Council awarded a contract to Integrated Pest Control Management, Inc. (Integrated) for pest control services over a 5-year term and total not-to-exceed amount of $76,864. The services include, at minimum, monthly services for the control of common ants, all varieties of spiders, roaches, rats, mice, and crawling and flying insects that may infest City facilities and park amenities. Integrated also provides services for the clean-up of debris associated with infestations as well as emergency services.

Since the agreement was awarded, the City has experienced several pest-control and wildlife- management needs beyond the routine monthly services contemplated in the original scope of work. These needs have included skunk, squirrel, rodent, and ant infestations requiring specialized response services at City facilities and parks. In addition, the City expanded the agreement to provide pest-control services at all fire station facilities, increasing the overall service requirements under the contract.

Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 1
Menifee Mayor and City Council
July 15, 2026
Page
470 of 3153

City of Menifee Staff Report
Integrated Pest Control Amendment
July 15, 2026

Page 2 of 3 ends

3 3
9 5
Previous administrative amendments addressed specific operational needs as they arose and ensured continued protection of City facilities, employees, visitors, and park users. The proposed amendment No. 6 would provide sufficient funding to continue routine and emergency pest-control services through FY 2026/27, the final year of the agreement, and allow staff to respond to as- needed pest and wildlife issues without disruption to service. During the term of the agreement, wildlife-management and emergency pest-control service needs have evolved beyond the routine service levels originally contemplated in the agreement, resulting in the need for additional contract authority to support the final year of services. Integrated has provided responsive and satisfactory pest-control and wildlife-management services throughout the term of the agreement and continues to meet the City's operational needs.

The proposed increase of $6,040 is available in the current budget and would require no additional budget appropriation. The amount of the proposed PSA exceeds the City Manager’s signing authority. Pursuant to Resolution No. 25-1569, any agreement amount that exceeds the City Manager’s signing authority shall be approved by the City Council. All other terms of the agreement and approved budget will remain unchanged.

Staff anticipates soliciting competitive proposals for pest-control services prior to expiration of the current agreement. The procurement process will provide an opportunity to evaluate service levels, emergency response requirements, and pricing structures to ensure future contracts are appropriately aligned with the City's operational needs.

Table 1 below details the breakdown of all previously approved contract amendments.

TABLE 1 – AMENDMENT BREAKDOWN
Amendment No. Amount Date
Approved Purpose
Original Agreement $76,864.00 March 1, 2023 Original Agreement Amendment No. 1 $1,758.40 July 20, 2023 Additional contract authority for fire station pest-control services
Amendment No. 2 $1,627.00 April 25, 2024 Additional contract authority for skunk mitigation services at City Hall
Amendment No. 3 $1,758.00 July 24, 2024 Additional contract authority for squirrel mitigation services at City parks
Amendment No. 4 $2,543.00 May 12, 2025 Additional contract authority for rodent mitigation services at City parks
Amendment No. 5 $15,449.60 June 30, 2025
Additional contract authority for new Fire
Station 5 services and emergency pest-
control and wildlife-management
services
Amendment No. 6 $6,040.00 TBD
Additional contract authority for routine
and emergency pest-control services
during final year of agreement
Total Contract Amt. $106,040.00
Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 2
Menifee Mayor and City Council
July 15, 2026
Page
471 of 3153

City of Menifee Staff Report
Integrated Pest Control Amendment
July 15, 2026

Page 3 of 3 ends

3 3
9 5

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
The fiscal impact of the proposed amendment is $6,040 increasing the aggregate sum of the agreement from $100,000 to $106,040. Funding in the proposed amendment is available within the FY 2026/27 budget under the general fund and various LLMD and CFD funds. No additional appropriation will be required.

ATTACHMENTS

1. Amendment No. 6

2. Original Agreement
Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 3
Menifee Mayor and City Council
July 15, 2026
Page
472 of 3153

AMENDMENT NO. 6 TO

CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: FACILITY PEST CONTROL SERVICES
AMENDMENT NO. 6 TO

CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: FACILITY PEST CONTROL SERVICES
This is Amendment No. 6 (“Amendment No. 6”) to that certain Contract Services Agreement (“Agreement”) made on March 1, 2023 between the City of Menifee (“City”) and INTERGRATED PEST CONTROL MANAGEMENT, INC., a California Corporation (“Contractor”) for CITY OF MENIFEE: FACILITY PEST CONTROL SERVICES as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on April 25, 2024 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on July 24, 2024 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on May 12, 2025 (“Amendment No. 4”), as amended by that certain Amendment No. 5 to the Agreement entered into on June 30, 2025 (“Amendment No. 5”), which this Amendment No. 6 is made and entered into on ______________, 2026, to increase the compensation amount and augment the scope of services as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings ascribed to them in the Agreement.

2. SECTION 2.1, “Contract Sum” is amended to read as follows, increasing the contract amount by: Six Thousand Forty Dollars and Zero Cents ($6,040.00).

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Six Thousand Forty Dollars and Zero Cents ($106,040.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

3. The first page of the original Exhibit B, “Scope of Services”, to the Agreement is amended to read as follows, increasing the not-to-exceed amount for the “Fourth Renewal Term” by Six Thousand Forty Dollars and Zero Cents ($6,040.00).

EXHIBIT B

SCOPE OF SERVICES

CITY OF MENIFEE

FACILITY PEST CONTROL SERVICES
Not-to-Exceed One Hundred Six Thousand Forty Dollars and Zero Cents ($106,040.00)
The Contract Sum for performing all Services described in the Scope of 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, as determined by the City. The Contract Sum is further divided by the term of the Agreement, as more specifically defined in Section 3.5 of the Agreement. The Services provided pursuant to this Agreement shall not exceed the following amounts, which together constitute the Contract Sum. The amounts set forth below include compensation based on Contractor’s proposal for the total cost of Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 4
Menifee Mayor and City Council
July 15, 2026
Page
473 of 3153

AMENDMENT NO. 6 TO

CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: FACILITY PEST CONTROL SERVICES
performing the Services, and include additional purchasing authorization for as-needed services indicated in the Scope of Services or mutually agreed upon by the Parties:
Initial Term: Six Thousand Five Hundred Twenty-Eight Dollars and Zero Cents ($6,528.00).
First Renewal Term: Twenty Thousand Nine Hundred Sixty Nine Dollars and Forty Cents ($20,969.40).
Second Renewal Term: Twenty Five Thousand One Hundred Eighty One Dollars and Zero Cents ($25,181.00).
Third Renewal Term: Twenty Nine Thousand Seven Hundred Thirty Seven Dollars and Sixty Cents ($29,737.60).
Fourth Renewal Term: Twenty Three Thousand Six Hundred Twenty-Four Dollars and Zero Cents ($23,624.00).

Notwithstanding the foregoing, Contractor shall not be entitled to any compensation for work not actually performed. The Scope of Services is further detailed on the following pages.

4. Exhibit B, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit B to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit B to the Agreement.

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

6. This Amendment No. 6 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 5
Menifee Mayor and City Council
July 15, 2026
Page
474 of 3153

AMENDMENT NO. 6 TO

CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE: FACILITY PEST CONTROL SERVICES

CITY OF MENIFEE INTERGRATED PEST CONTROL
MANAGEMENT, INC.

_______________________________ _______________________________ Armando G. Villa, City Manager Jose Flores, Jr., President Attest: ________________________________
Carla Robledo, Office Manager
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 6
Menifee Mayor and City Council
July 15, 2026
Page
475 of 3153

EXHIBIT A

SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 7
Menifee Mayor and City Council
July 15, 2026
Page
476 of 3153

EXHIBIT A
FY 2026/27 BREAKDOWN:

Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 8
Menifee Mayor and City Council
July 15, 2026
Page
477 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D

CONTRACT SERVICES AGREEMENT FOR

CITY OF MENIFEE

FACILITY PEST CONTROL SERVICES

THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2023 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and INTERGRATED PEST CONTROL MANAGEMENT, INC, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

R E C I T A L S

A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Contract Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit B” and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein.

Contractor shall at all times faithfully, competen tly, 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 will be of good quality, fit for the purpose intended. 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.

2671/031858-0001
7630667.2 a05/31/18 -1-
DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 1st March
Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 9
Menifee Mayor and City Council
July 15, 2026
Page
478 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -2-

1.2 Contractor’s Proposal. The “Scope of Services” shall include Contractor’s scope of work or bid which is attached as incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law . 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. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor’s employee and subcontractors. It is understood that it is the responsibility of Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California D epartment of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 - 703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure locatio n at all times, and readily available at City’s request.

Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred r elated to any inquiries or proceedings) 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 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 Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Contractor 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. 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.

1.4 Licenses, Permits, Fees and Assessments . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at al l times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. 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 required by this Agreement, 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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 10
Menifee Mayor and City Council
July 15, 2026
Page
479 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -3-

against City hereunder. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

1.5 Familiarity with Work . By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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 Officer.

1.6 Care of Services. Contractor shall adopt reasonable methods during the life 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.

1.7 Warranty. Contractor warrants all work under this Agreement (which for purposes of this Section 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 i n 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 b y 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 corr ect defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs 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 Contra ctor 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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 11
Menifee Mayor and City Council
July 15, 2026
Page
480 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -4-

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. This provision may be waived in Exhibit A if the services hereunder do not include construction of any improvements or the supplying of equipment or materials.

1.8 Prevailing Wages . Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects.

If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated in this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site.

The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.9 Further Responsibilities of 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 instrum ents, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.

1.10 Additional Services. 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 m ay be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, 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 Contract Sum 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 by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council of City.

It is expressly understood by Contractor that the provisions of this Section shall not apply to work specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 12
Menifee Mayor and City Council
July 15, 2026
Page
481 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -5-

of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” 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.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Six Thousand Eight Hundred Sixty Four Dollars and Zero Cents ($76,864.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

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 “Schedule of Compensation” in the Scope of Services, and incorporated herein by this reference, provided that time estimates are provided for the performance of subtasks, but not exceeding the Contract Sum, or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for r eproduction costs, telephone expenses, and travel expenses with advance written approval by the Contract Officer, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Contractor is requi red to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. 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.

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. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 13
Menifee Mayor and City Council
July 15, 2026
Page
482 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -6-

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.

Invoices shall be submitted to:

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

2.5 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 provided under this Agreement 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 Section shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

2.6 Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. 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 Exhibit C (“Schedule of Performance”) and incorporated herein by this reference as Exhibit D. When requested by Contractor, extens ions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance 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 Officer in writing of the causes of the delay. The Contract Officer 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 judgment of the Contract Officer such delay is justified. The Contract Officer’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.

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 14
Menifee Mayor and City Council
July 15, 2026
Page
483 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -7-

3.4 Inspection and Final Acceptance . City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forth five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deem ed 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, Article 5, pertaining to indemnification and insurance, respectively.

3.5 Term of Services. The initial term of this Agreement shall be from March 1, 2023 and shall end on June 30, 2023 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year t erm (“First Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Article 7. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of the Agreement is otherwise terminated or extended as provided for in Article 7. Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Article 7. Upon termination of the Third Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Fourth Renewal Term”), unless the term of the Agreement is otherwise terminated or extended as provided for in Article 7. The Initial Term and any renewal term which actually occurs shall be referred to in this Agreement as the “term”. The time provided to the Contractor to complete the Services required by this Agreement shall not affect the City’s right to terminate this Agreement, as provided for in Article 7.

ARTICLE 4. COORDINATION OF WORK

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

(Name) (Title)

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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 15
Menifee Mayor and City Council
July 15, 2026
Page
484 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -8-

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. Additionally, 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 required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigne d to perform the Services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retir ement 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 expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be Contractor’s responsibility to assure that the Contract Officer 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 Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor . Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly ind ependent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 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.

4.5 Prohibition Against Subcontracting or Assignment . The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 16
Menifee Mayor and City Council
July 15, 2026
Page
485 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -9-

any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.6 Utility Relocation . 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 Contra ctor, 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.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.

(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III dispos al 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) 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 a change order per Section 1.10 of this Agreement.

(c) That, in the event that 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 fo r 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 contracting Parties.

4.8 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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 17
Menifee Mayor and City Council
July 15, 2026
Page
486 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -10-

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.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverage.

Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:

(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. Claims-made, modified, limited, or restricted occurrence forms are not acceptable without prior written consent from City. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION DOLLARS ($2,000,000.00) in the general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. The general aggregate limit shall apply separately to the Services to be performed under this Agreement.

The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and products -completed operations hazard as set forth in “f” definition in form CG 0001, or equivalent.

The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately.

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.

(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California, including Section 3700 of the California Labor Code, and which shall indemnify, insure, and provide legal DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 18
Menifee Mayor and City Council
July 15, 2026
Page
487 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -11-

defense for both Contractor and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the Services contemplated in t his Agreement. The worker’s compensation policy of insurance shall be in an amount 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.

(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). Said policy shall include coverage for owned, non - owned, leased, and hired cars.

(d) Professional Liability. 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.

(e) Pollution Liability. A policy of 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.

(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit A.

5.2 General Insurance Requirements . All of the above policies of insurance shall be primary insurance and shall name City, its elected and appointed officers, employees, agents, and authorized volunteers as additional insureds and any insurance maintained by City or its officers, employees, agents, or authorized volunteers shall apply in excess of, and not contribute with, Contractor’s insurance. 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.

Prior written consent from City is required if any of the said policies have a deductible or self-insured retention in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000).

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 19
Menifee Mayor and City Council
July 15, 2026
Page
488 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -12-

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 Section 5.1 to the Contract Officer.

No Services under this Agreement shall commence until Contractor has provided City with original endorsements effecting coverage set forth in this Article 5. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsement is to be on forms provided by or approved by City. As an alternative to City-approved forms, Contractor may provide complete certified copies of all required insurance policies, including endorsements affecting the coverage. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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 th e 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. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City or its respective elected or appointed officers, officials, employees, and volunteers or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses, and claims. 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 5.3.

In the event Contractor subcontracts any portion of the Services in compliance with Section 4.5 of this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officers, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or threatened (“Claims or Liabilities”) that may be DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 20
Menifee Mayor and City Council
July 15, 2026
Page
489 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -13-

asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the Services, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“Indemnors”), or arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or Indemnors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:

(a) Contractor shall defend (with counsel selected by City) any action or actions filed in connection with any of said Claims or Liabilities and wil l pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;

(b) Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, it s officers, agents, and employees harmless therefrom;

(c) In the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the Services, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisio ns shall not be a waiver hereof. This indemnification includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder.

The provisions of this Section do not apply to Claims or Liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Payment and Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performan ce bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures 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 Officer due to DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 21
Menifee Mayor and City Council
July 15, 2026
Page
490 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -14-

unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.

5.5 Sufficiency of Insurer or Surety . 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 Officer due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Contract Officer 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 5.4 may be changed accordingly upon receipt of wri tten notice from the Contract Officer; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Officer to the City Council of City within ten (10) days of receipt of notice from the Contract Officer.

5.6 Substitution of Securities. Pursuant to 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.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION.

6.1 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 Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maint ained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer 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 ha ve 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 C alifornia 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.

6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreemen t. 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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 22
Menifee Mayor and City Council
July 15, 2026
Page
491 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -15-

or, if Contractor is provi ding design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providin g design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents. 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, subcontractor s, 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 Officer 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 proj ects 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.

6.4 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 g ranted 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.

6.5 Confidentiality and Release of Information.

(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

(b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 23
Menifee Mayor and City Council
July 15, 2026
Page
492 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -16-

Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order s hall not be considered voluntary so long as Contractor gives City notice of such court order or subpoena.

(c) 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 damages, costs, and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.

(d) 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 f or admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION.

7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

7.2 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, if circumstances warrant. 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 may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Contractor’s default shall not be d eemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds . Contractor hereby authorizes City to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the Contract Sum (whether or not arising out of this Agreement) as security for performance of this Agreement. The retained DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 24
Menifee Mayor and City Council
July 15, 2026
Page
493 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -17-

funds shall be paid to Contractor within sixty (60 ) days after final acceptance of the Services by the City Council of 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.

7.4 Waiver. 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.

7.5 Rights and Remedies are Cumulative . 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.

7.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 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 the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term. This Section 7.8 shall govern any termination of this Agreement except as specifically provided in the following Section 7.9 for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the ri ght to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 25
Menifee Mayor and City Council
July 15, 2026
Page
494 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -18-

where Contractor has initiated termination, Contra ctor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunde r. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor . If termination is due to t he failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set -off or partial payment of the amounts owed City as previously stated.

7.10 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a Party to any action or pro ceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; 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 o f hours spent by the prevailing Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

7.11 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.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 26
Menifee Mayor and City Council
July 15, 2026
Page
495 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -19-

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

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services under this Agreement. Contractor further cov enants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that 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 in the performance of this Agreement.

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.

8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. 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, in the case of City, to the City Manager and to the attention of the Contract Officer, CITY OF MENIFEE, 29844 Haun Road, Menifee, CA 92586 and in the case of Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 27
Menifee Mayor and City Council
July 15, 2026
Page
496 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -20-

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.

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

9.3 Interpretation. 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.

9.4 Article and Section Headings and Subheadings . The article and 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.

9.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete, and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affect ing this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement.

No amendment to or modification o f this Agreement shall be valid unless made in writing and approved by Contractor and by the City Council of City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the inten t of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

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

9.9 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 DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 28
Menifee Mayor and City Council
July 15, 2026
Page
497 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -21-

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. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 29
Menifee Mayor and City Council
July 15, 2026
Page
498 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D -22-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

AGENCY:

CITY OF MENIFEE

Armando G. Villa, City Manager
CONTRACTOR:

INTERGRATED PEST CONTROL

MANAGEMENT, INC

By:

Jose Flores, President

By:

Carla Robledo , Office Manager

046991
Contractor’s City Business License

ATTEST:

Kay Vinson, Acting City Clerk
N/A
State Contractor License No.

Address:

527 N. Azusa Avenue #183
Covina, CA 91722

APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney

Two signatures are required if a corporation.

NOTE: APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 30
Menifee Mayor and City Council
July 15, 2026
Page
499 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT A

EXHIBIT A

SPECIAL REQUIREMENTS

Section 5.4 (Payment a nd Performance Bond) and Section 7.3 (Retention of Funds) are hereby intentionally omitted from the Agreement and shall not apply to the Services provided hereunder.

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 31
Menifee Mayor and City Council
July 15, 2026
Page
500 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

EXHIBIT B

SCOPE OF SERVICES

CITY OF MENIFEE

FACILITY PEST CONTROL SERVICES

Not-to-Exceed Seventy Six Thousand Eight Hundred Sixty Four Dollars and Zero Cents ($76,864.00).

The Contract Sum for performing all Services described in the Scope of 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, as determined by the City. The Contract Sum is further divided by the term of the Agreement, as more specifically defined in Section 3.5 of the Agreement. The Services provided pursuant to this Agreement shall not exceed the following amounts, which together constitute the Contract Sum. The amounts set forth below include compensation based on Contractor’s proposal for the total cost of performing the Services, and include additional purchasing authorization for as -needed services indicated in the Scope of Services or mutually agreed upon by the Parties:

• Initial Term: Six Thousand Five Hundred Twenty-Eight Dollars and Zero Cents ($6,528.00). • First Renewal Term: Seventeen Thousand Five Hundred Eighty-Four Dollars and Zero Cents ($17,584.00).

• Second Renewal Term: Seventeen Thousand Five Hundred Eighty-Four Dollars and Zero Cents ($17,584.00).

• Third Renewal Term: Seventeen Thousand Five Hundred Eighty-Four Dollars and Zero Cents ($17,584.00).

• Fourth Renewal Term: Seventeen Thousand Five Hundred Eighty-Four Dollars and Zero Cents ($17,584.00).

Notwithstanding the foregoing, Contractor shall not be entitled to any compensation for work not actually performed.

The Scope of Services is further detailed on the following pages.

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 32
Menifee Mayor and City Council
July 15, 2026
Page
501 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 33
Menifee Mayor and City Council
July 15, 2026
Page
502 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 34
Menifee Mayor and City Council
July 15, 2026
Page
503 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 35
Menifee Mayor and City Council
July 15, 2026
Page
504 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 36
Menifee Mayor and City Council
July 15, 2026
Page
505 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 37
Menifee Mayor and City Council
July 15, 2026
Page
506 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 38
Menifee Mayor and City Council
July 15, 2026
Page
507 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 39
Menifee Mayor and City Council
July 15, 2026
Page
508 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 40
Menifee Mayor and City Council
July 15, 2026
Page
509 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 41
Menifee Mayor and City Council
July 15, 2026
Page
510 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 42
Menifee Mayor and City Council
July 15, 2026
Page
511 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 43
Menifee Mayor and City Council
July 15, 2026
Page
512 of 3153

DocuSign Envelope ID: 4270AEAE-727A-4CD2-8C09-33EBC1DC3F0D 2671/031858-0001
7630667.2 a05/31/18 EXHIBIT C

EXHIBIT C

SCHEDULE OF PERFORMANCE

The services to be performed pursuant to this Agreement are to be completed on a timely basis, with an estimated completion date of no later than June 30, 2027.

DocuSign Envelope ID: B6BD4BC0-D2D4-4427-92E6-D64F2EECF591 Item Title: 10.19
Agreement

Amendment

with

Integrated

Pest

Control

Management,

Inc.

for

Pest

Control
Services
Item Page Number: 44
Menifee Mayor and City Council
July 15, 2026
Page
513 of 3153

CITY OF MENIFEE
SUBJECT: Contract Change Order with Bogh Engineering, LLC, for the Paloma Wash Pedestrian Bridge Project
MEETING DATE: July 15, 2026
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Contract Change Order No. 4 with Bogh Engineering, LLC, to increase the compensation by $61,217.13, for a total contract amount not-to-exceed $2,850,152.97, for the Paloma Wash Pedestrian Bridge Project, Capital Improvement Program (CIP) Project No. 20-13 located adjacent to Central Park.

DISCUSSION
The Paloma Wash Pedestrian Bridge Project, CIP 20-13 (Project) is near construction completion and will soon be opened as a multi-use elevated path over the Paloma Wash Channel (Channel) adjacent to Central Park. The Project will provide the residential and Civic Center areas west of the Channel, as well as pedestrians and bicyclists, with a direct connection to the commercial areas along Haun Road, east of the Channel. The Project improves connectivity and mobility between Central Park, City Hall, and adjacent residential and commercial centers by allowing visitors and residents to walk or bike across the Paloma Wash Channel to attend events at the future Central Park Amphitheater and City Hall.

On March 5, 2025, the City Council approved a Contract Services Agreement (Agreement) with Bogh Engineering LLC (Contractor), in the amount of $2,710,323.74 to construct the Project.

Construction work for the Project began in June 2025 and included the installation of a pre- purchased prefabricated steel truss bridge, as well as installation of concrete abutments, retaining walls, Americans with Disabilities Act (ADA) compliant ramps, and paved walkways. It also incorporated lighting and unique architectural elements to provide a dynamic and aesthetically pleasing destination, day or night, for all users.

Over the course of the construction period, several small design adjustments were needed to ensure the delivery of a safe and high-quality facility to be enjoyed by the Menifee community for decades to come. Although staff make every effort to carefully study and anticipate the extent of the scope of work required to achieve project goals, work of this nature can impose unforeseen Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 1
Menifee Mayor and City Council
July 15, 2026
Page
514 of 3153

City of Menifee Staff Report
CIP 20-13 Bogh Engineering CCO No. 4
July 15, 2026

Page 2 of 3 ends

3 4
1 5
challenges requiring project scope adjustments. In the case of this Project, design updates to the original bid drawings were required that resulted in the need for construction modifications to the bridge abutments. Additional electrical work, signage, and column related work were also necessary to be added to the Project scope. These changes were each addressed in the form of Contract Change Orders (CCO).

Pursuant to Resolution No. 25-1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council. CCO Nos. 1, 2, and 3 were previously administratively approved as their aggregate total remained under the City Manager’s signing authority. The total of these three CCOs is $78,612.10, bringing the overall construction contract with the Contractor to $2,788,935.84, as of the date of this report.

While staff continuously inspected work on the Project throughout the various phases of construction, specific surveys and inspections were performed following the full installation of the bridge with all of its appurtenances. These surveys and inspections were performed specifically to monitor any settling of the facility or changes in the bridge deck slope that may occur as a result of the fully constructed facility weight. Through the surveys conducted, staff noted that minor slope modifications were needed on the bridge deck to ensure full compliance with current ADA requirements. The proposed CCO No. 4 includes $61,217.13 to compensate the Contractor for all costs associated with additional concrete work performed to address the bridge deck modifications. All Project CCOs, including CCO No. 4, are summarized in Table 1 below.

TABLE 1 - CONTRACT ACTIVITY SUMMARY
Contract
Activity
Approval Date Summary of Changes Amount
Original
Contract March 5, 2025 Original construction services $2,710,323.74 CCO No. 1 September 22, 2025
(Administrative)
Additional materials and work required
to facilitate bridge plate design update $13,182.96
CCO No. 2 May 26, 2026
(Administrative)
Additional work for column stud
adjustments $40,577.66
CCO No. 3 June 29, 2026
(Administrative)
Additional electrical work and
threaded column stud procurement $24,851.48
CCO No. 4 PENDING Additional concrete work required on
bridge deck for ADA compliance
$61,217.13
TOTAL $2,850,152.97
The amount of the proposed CCO No. 4 is $61,217.13, bringing the cumulative total of all CCOs to $139,829.23, or 5.16% of the original Agreement amount. The amount of CCO No. 4 exceeds the cumulative change order total allowable under the City Manager’s signing authority for administrative approval and, pursuant to Resolution No. 25-1569 and Menifee Municipal Code §3.12.150, requires approval by the City Council.

Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 2
Menifee Mayor and City Council
July 15, 2026
Page
515 of 3153

City of Menifee Staff Report
CIP 20-13 Bogh Engineering CCO No. 4
July 15, 2026

Page 3 of 3 ends

3 4
1 5

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed CCO No. 4 with the Contractor is $61,217.13, increasing the total Agreement value to $2,850,152.97. Funding for the proposed CCO No. 4 is available in the approved Fiscal Year 2026/2027 budget within the Capital Projects Fund (4320-PWD-CIPS-900- 01100-690050), funded by the General Fund, and will be charged to the project string as summarized in Table 2 below.

TABLE 2 – PROJECT BUDGET
Fund (Account #) /
Project String No.

Available
Budget Anticipated Cost
Capital Projects
(General Fund)
(4320-PWD-CIPS-900-01100-690000)
CIP20-13.1100.CON.CAE $308,898.82 $ 61,217.13

ATTACHMENTS

1. Project Location Map

2. CCO No. 4

3. Original Agreement
Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 3
Menifee Mayor and City Council
July 15, 2026
Page
516 of 3153

Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 4
Menifee Mayor and City Council
July 15, 2026
Page
517 of 3153

Page 1 of 2 ends

P.O. #: 25100671
DESCRIPTION OF CHANGES AND/OR EXTRA WORK:

ITEM U/M QUANTITY % CHANGE UNIT PRICE TOTAL
1 LS 1 $61,217.13 61,217.13 $
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: 61,217.13$ JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) 0 ADDITIONAL WORKING DAYS WILL BE GRANTED TO CONTRACTOR DUE TO:

PROJECT NAME:

PROJECT NO:

CONTRACTOR:

The City purchased a prefabricated steel truss bridge from Bridge Brothers for the project. The bridge, after installation, was inspected and surveyed and staff found that the bridge deck slope did not meet the intended and designed and/or ADA specifications . Remedy o f this issue required additional work from Bogh Engineering to provide modifications to the concrete work on the bridge deck to compensate f or the deficiencies.

5/14/2026DATE:

CIP 20-13

DESCRIPTION
ADA Bridge Repair
CONTRACT CHANGE ORDER NO. 04
Bogh Engineering, Inc.

This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

Paloma Wash Pedestrain Bridge Project
The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the fol lowing described work not included in the Plans and Specifications for this project. Work items shall include labor, materials, necce sary for the performance and completion of the additional work.equipment, traffic control, and incidentals M:\Public Works Department\_Public Works Projects\CIP Projects\20-13 Paloma Wash Ped Bridge\D- Construction\8-Change Orders (CC O) & Supporting Docs\Copy of co 4 paloma wash pedestrian bridge_05.14.2026 Docusign Envelope ID: A5750DA0-D62D-8D0D-81FA-D52A2CDE9F31 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 5
Menifee Mayor and City Council
July 15, 2026
Page
518 of 3153

Page 2 of 2 ends

PREVIOUS
CCO # Amount % Additional Time Date Approved
1 13,182.96 $ 0.49%
2 40,577.66 $ 1.50%
3 24,851.48 $ 0.92%

0.00%

0.00%
Totals 78,612.10 $ 2.90% 0

CURRENT
CCO # Amount % Additional Time Date Approved
4 61,217.13 $ 2.26%
139,829.23$ 5.16% 0
June 17, 2025
December 9, 2025
0 AUTHORIZATION BY CITY:

Recommended for approval by:

Date: __________ Date: __________
Approved by:

Date: __________ ____________________________________ Date: __________ ACCEPTANCE BY CONTRACTOR:

Accepted by: __________________________________ _Date: ____________________________ Signature
Russ Bogh
Please print name and title
____________________________________
2,850,152.97$
removal and replacement with modified column studs
and all related work
Compensation to contractor for additional required
electrical work, singage and modification of column
studs.

Original Contract Amount:
78,612.10$
Description
Additional scope of work for modifications to address
ADA compliance repairs to the bridge deck
TOTAL ALL CCOs
2,710,323.74$
Current Change Order Amount:

Description
Revised Contract Amount:
61,217.13$
____________________________ _
Revised Completion Date:

Previous Change Order Amounts:
added concretre, forms, and rebar for abutment
modifications
We, the undersigned Contractor, have given careful consideration to the above described changes and/or extra work and hereby ag ree that said work is a supplement to the contract and all provisions will apply hereto.

Date Started:

Original Completion Date:

Additional Time (Working Days)
____________________________ _
Nick Fidler Public Works Directror Arm ando Villa City Manager Don Sharp Construction Manager Michael To Project Manager

CONTRACT VARIANCE SUMMARY
M:\Public Works Department\_Public Works Projects\CIP Projects\20-13 Paloma Wash Ped Bridge\D- Construction\8-Change Orders (CC O) & Supporting Docs\Copy of co 4 paloma wash pedestrian bridge_05.14.2026 Docusign Envelope ID: A5750DA0-D62D-8D0D-81FA-D52A2CDE9F31 6/26/2026
Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 6
Menifee Mayor and City Council
July 15, 2026
Page
519 of 3153

-1-

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 20-13 PALOMA WASH PEDESTRIAN BRIDGE PROJECT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2025 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and BOGH ENGINEERING, LLC , a Limited Liability Company (“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 autho rity 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 B, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on March 5, 2025 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work . As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 5 March
Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 7
Menifee Mayor and City Council
July 15, 2026
Page
520 of 3153

-2-
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 o f 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 e xpense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 8
Menifee Mayor and City Council
July 15, 2026
Page
521 of 3153

-3-
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 agr eements 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 shal l not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

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

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

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

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 9
Menifee Mayor and City Council
July 15, 2026
Page
522 of 3153

-4-
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 order s 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 th e Contract Administrator.

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

1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 10
Menifee Mayor and City Council
July 15, 2026
Page
523 of 3153

-5-
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

TWO MILLION SEVEN HUNDRED TEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS AND SEVENTY FOUR CENTS ($2,710,323.74) 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. 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:

invoice, etc.;
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first

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 Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 11
Menifee Mayor and City Council
July 15, 2026
Page
524 of 3153

-6-
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 Pr ocedure 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 purs uant 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.1. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor.

Also at Contractor’s expense, Contractor may direct investment of the payments into Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 12
Menifee Mayor and City Council
July 15, 2026
Page
525 of 3153

-7-
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 securi ties, 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 wr iting prior to the submission of such an invoice.

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

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

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

Contractor shall
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 13
Menifee Mayor and City Council
July 15, 2026
Page
526 of 3153

-8-
not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

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

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 14
Menifee Mayor and City Council
July 15, 2026
Page
527 of 3153

-9-
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 o f written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.

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

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

Contractor Initial:

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 15
Menifee Mayor and City Council
July 15, 2026
Page
528 of 3153

-10-

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

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent).

No endorsement shall be attached limiting the coverage. c. Additional Requirements . Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter -insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements . Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecuti ve years following the completion of the Services or the expiration or termination of this Agreement. During this Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 16
Menifee Mayor and City Council
July 15, 2026
Page
529 of 3153

-11-
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 in clude the following reference: CIP 20 -13 PALOMA WASH PEDESTRIAN BRIDGE 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, Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 17
Menifee Mayor and City Council
July 15, 2026
Page
530 of 3153

-12-
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 deduct ible or self -insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the 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 Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 18
Menifee Mayor and City Council
July 15, 2026
Page
531 of 3153

-13-
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 requ irements 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 of ficers, 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 stat ute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contracto r, 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,
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 19
Menifee Mayor and City Council
July 15, 2026
Page
532 of 3153

-14-
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 not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any inciden t 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.

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 20
Menifee Mayor and City Council
July 15, 2026
Page
533 of 3153

-15-
SECTION 7. LEGAL REQUIREMENTS.

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

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

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non - payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Califor nia Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non - payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code . The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https:/ /www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 21
Menifee Mayor and City Council
July 15, 2026
Page
534 of 3153

-16-
Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub -consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility . Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring . Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 22
Menifee Mayor and City Council
July 15, 2026
Page
535 of 3153

-17-
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 requir ed 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 appli cable 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 Cit y, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement .

Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

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

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

7.8 Liquidated Damages . Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 23
Menifee Mayor and City Council
July 15, 2026
Page
536 of 3153

-18-
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 the Special Provisions, or if no amount is set forth therein, the sum of FIVE HUNDRED DOLLARS ($500.00), for each working day of delay in the performance of any of the Services. 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 appro ved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

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.

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 24
Menifee Mayor and City Council
July 15, 2026
Page
537 of 3153

-19-

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 substantia l 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 expres s consent of City.

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

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

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

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

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 25
Menifee Mayor and City Council
July 15, 2026
Page
538 of 3153

-20-
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 work s 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 guara ntee 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.

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.

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 Boo ks 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 Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 26
Menifee Mayor and City Council
July 15, 2026
Page
539 of 3153

-21-
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 servi ces, 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 r esult of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.

SECTION 10. MISCELLANEOUS PROVISIONS.

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 27
Menifee Mayor and City Council
July 15, 2026
Page
540 of 3153

-22-
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.

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

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

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

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

(Name) (Title)

(Name) (Title)
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Damian Garcia, Director Director
Lisa Venable, Director Director
Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 28
Menifee Mayor and City Council
July 15, 2026
Page
541 of 3153

-23-
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, Michael To, Project Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

Bogh Engineering, LLC
Attn: Damian Garcia
401 W. 4th St.

Beaumont, CA 92223
Any written notice to City shall be sent to the Contract Administrator at:

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

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

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 29
Menifee Mayor and City Council
July 15, 2026
Page
542 of 3153

-24-
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.

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

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 30
Menifee Mayor and City Council
July 15, 2026
Page
543 of 3153

-25-
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]
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 31
Menifee Mayor and City Council
July 15, 2026
Page
544 of 3153

-26-
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

Lisa Venable, Director

Damian Garcia, Director

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

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 32
Menifee Mayor and City Council
July 15, 2026
Page
545 of 3153

EXHIBIT A

SPECIAL REQUIREMENTS

INTENTIONALLY OMITTED
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 33
Menifee Mayor and City Council
July 15, 2026
Page
546 of 3153

EXHIBIT B

SCOPE OF SERVICES
Services shall include CIP 20 -13 PALOMA WASH PEDESTRIAN BRIDGE 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 TWO MILLION SEVEN HUNDRED

TEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS AND SEVENTY FOUR CENTS ($2,710,323.74) 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, includin g all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

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

The numerical reference for the Bid Package or Request for Proposals is: NIB 2025-03B .

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 34
Menifee Mayor and City Council
July 15, 2026
Page
547 of 3153

EXHIBIT B

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 35
Menifee Mayor and City Council
July 15, 2026
Page
548 of 3153

EXHIBIT B

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 36
Menifee Mayor and City Council
July 15, 2026
Page
549 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 37
Menifee Mayor and City Council
July 15, 2026
Page
550 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 38
Menifee Mayor and City Council
July 15, 2026
Page
551 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 39
Menifee Mayor and City Council
July 15, 2026
Page
552 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 40
Menifee Mayor and City Council
July 15, 2026
Page
553 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 41
Menifee Mayor and City Council
July 15, 2026
Page
554 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 42
Menifee Mayor and City Council
July 15, 2026
Page
555 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 43
Menifee Mayor and City Council
July 15, 2026
Page
556 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 44
Menifee Mayor and City Council
July 15, 2026
Page
557 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 45
Menifee Mayor and City Council
July 15, 2026
Page
558 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 46
Menifee Mayor and City Council
July 15, 2026
Page
559 of 3153

EXHIBIT B
Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 47
Menifee Mayor and City Council
July 15, 2026
Page
560 of 3153

EXHIBIT B

Docusign Envelope ID: 2CB653B5-C1EF-44AD-847B-9412083D20C4 Item Title: 10.20
Contract

Change

Order

with

Bogh

Engineering,

LLC,

for

the

Paloma

Wash

Pedestrian

Bridge
Project
Item Page Number: 48
Menifee Mayor and City Council
July 15, 2026
Page
561 of 3153

CITY OF MENIFEE
SUBJECT: Public Improvement Acceptance and 90% Release of Security for Scott Road Commerce Center II, by Scott Road Property LLC
MEETING DATE: July 15, 2026
TO: Mayor and City Council
PREPARED BY: Katrina Kunkel, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for street, drainage, water system, and traffic signal modification for Scott Road Commerce Center II, located along Zeiders Road between Scott Road and Keller Road; and

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

3. Authorize the City Engineer to release posted securities pursuant to standard City policies.

DISCUSSION
Scott Road Property, LLC, a Delaware Limited Liability Company (Developer), is the developer of Scott Road Commerce Center II (Project), a 544,115 square foot Light Industrial Project, located along Zeiders Road between Scott Road and Keller Road, as depicted in the attached project map.

The Developer has completed construction of streets, drainage, water system, and traffic signal modifications as part of the street improvements and is requesting acceptance of these improvements into the City’s maintenance system. Staff have inspected the completed improvements and determined they were constructed in accordance with City specifications and standards. Staff also verified that all project conditions of approval have been met to release the faithful performance and labor and materials securities in accordance with City policy.

A 10% warranty security would be held for a period of one year in accordance with the City’s Municipal Code. The original posted securities for the improvements are listed in Table 1 below.

Item Title: 10.21
Public

Improvement

Acceptance

and

90%

Release

Security

for

Scott

Road

Commerce
Center II, by Scott Road Property LLC
Item Page Number: 1
Menifee Mayor and City Council
July 15, 2026
Page
562 of 3153

City of Menifee Staff Report
Public Improvement Acceptance, PM36597, Scott Rd Commerce Center II July 15, 2026

Page 2 of 2 ends

Menifee City CouncilJuly 15, 2026

Menifee City Council
July 15, 2026