3 3
9 9
The grant would help the City achieve its traffic safety goals by supporting public education and outreach efforts, promoting a safer environment for residents and visitors, and reducing the number of people killed and injured in traffic collisions caused by distracted driving, unsafe speeds, and impaired driving involving alcohol or drugs. Through these initiatives, the City will continue to enhance roadway safety, encourage responsible driving behaviors, and improve the overall well-being of the community.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact from the acceptance of the OTS STEP Grant would result in an increase of $160,000 in federal grant revenue within the Grant Fund (2301-441000) and an appropriation in expenditures to the OTS STEP Grant for Menifee Police Department within the Grant Fund to pay for recoverable overtime (2301-MPD-17056-650205), supplies (651501), and training (652211).
OTS would reimburse any costs incurred that are within the guidelines of this grant. No match by the City would be required.
ATTACHMENTS
1. Grant Agreement
2. Grant Summary Report
3. Budget Amendment Resolution
Item Title: 10.13
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 2
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT27095
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Menifee From:
To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Menifee Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $160,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access
*The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.
Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Dan Beare
Traffic Sergeant
(951) 746-8988
29714 Haun Road
Menifee, CA 92586
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
David Gutierrez
Chief of Police
(951) 723-3876
29714 Haun Road
Menifee, CA 92586
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Christine Booker
Budget and Grants Analyst
(951) 723-1513
29714 Haun Road
Menifee, CA 92586
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Stephanie Dougherty
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
K2DEKYTD12J6
29714 Haun Rd
Menifee
92586-6539
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $160,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$160,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $160,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT27095
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Menifee is located in southwest Riverside County. Menifee is a rapidly growing city comprised of residential neighborhoods, major commercial corridors, industrial developments, and rural areas. The city is bordered by Perris, Homeland, Winchester, Murrieta, Lake Elsinore, and Canyon Lake and serves as a regional travel hub for residents and commuters throughout the Temecula Valley and greater Riverside County.
Menifee’s roadway network includes several high-volume arterial corridors and regional connectors that support both local and through-traffic. Interstate 215 runs north–south through the center of the city and connects with Interstate 15 in Murrieta. Five major interchanges within Menifee—Highway 74, Ethanac Road, McCall Boulevard, Newport Road, and Scott Road—serve as primary access points for residents, commuters, and commercial traffic.
Highway 74 functions as a major east–west corridor along the northern portion of the city and is widely recognized as one of the most dangerous highways per mile in California. Newport Road serves as Menifee’s primary east–west arterial and provides the only local access to Interstate 15 for residents of Menifee and surrounding communities. Scott Road and McCall Boulevard serve as additional high-volume corridors supporting commuter, commercial, and industrial traffic.
Because of its geographic location and roadway configuration, traffic safety issues within Menifee impact not only city residents but also thousands of commuters and visitors traveling through the city each day.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
The City of Menifee is experiencing increasing traffic safety challenges driven by rapid population growth, expanded residential and commercial development, and sustained increases in daily traffic volume. These conditions have contributed to rising crash exposure, increased injury crashes, persistent impaired driving concerns, and a significant increase in bicycle-related injuries.
Traffic Volume and Exposure
Key arterial roadways in Menifee experience exceptionally high traffic volumes. Newport Road carries approximately 76,300 vehicles per day, while Scott Road carries approximately 34,000 vehicles per day.
Continued residential development within the city is projected to generate more than 160,000 additional daily vehicle trips, further increasing exposure on already congested corridors. Regional population growth in neighboring cities continues to compound these conditions, increasing through-traffic on Menifee roadways.
Fatal and Injury Crashes
Crash data indicates fluctuating but persistent safety risks. Traffic fatalities decreased from 9 in FY2023 to 5 in FY2024 (a 44% reduction), but increased again to 7 fatalities in FY2025, representing a 40% year-over- year increase. While the overall change reflects a net decrease between FY2023 and FY2025, the increase in the most recent fiscal year underscores ongoing risk.
Injury crashes remained unchanged at 223 crashes between FY2023 and FY2024, then increased to 260 crashes in FY2025, a 17% increase. This upward trend aligns with increased traffic volume and development activity throughout the city.
Alcohol- and Drug-Involved Crashes
Impaired driving continues to pose a substantial traffic safety concern. Alcohol-involved fatal crashes declined to zero in FY2024 but increased again in FY2025. Alcohol-involved injury crashes, while showing year-to-year fluctuation, remain elevated and continue to contribute to injury severity.
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Despite proactive DUI enforcement efforts—including checkpoints and saturation patrols—DUI-related injury crashes remain persistent, indicating impaired driving behavior continues to present a significant risk to roadway users. Departmentwide DUI arrests declined from 145 in FY2023 to 115 in FY2025, suggesting enforcement alone has not fully mitigated impaired driving risk.
DUI checkpoint data further indicates that impaired and unlicensed drivers frequently travel on feeder and residential roadways, intentionally avoiding major arterials to evade enforcement. This displacement behavior increases crash risk in neighborhoods and near local destinations.
Bicycle and Pedestrian Safety
Bicycle-related injuries represent one of the most concerning emerging trends. Bicycle injuries decreased in FY2024 but increased sharply to 40 injuries in FY2025, representing a 208% year-over-year increase and an 82% increase when compared to FY2023. While bicycle fatalities remained at zero, the sharp rise in injuries highlights growing exposure risk.
Analysis shows many bicycle crashes occur near schools and during school hours, coinciding with increased bicycle and e-bike usage among youth. Pedestrian injury and fatality data has fluctuated but remains a concern due to increased traffic density near commercial centers and construction zones.
Construction and Development Impacts
Ongoing and planned development continues to strain the roadway system. The Menifee Justice Center, expanded retail centers, increased college enrollment, industrial corridor development, and major roadway construction projects have altered traffic patterns and increased congestion. Long-term closures, such as the Bradley Road project, have diverted traffic onto Newport Road and McCall Boulevard, increasing crash exposure on these corridors.
Collectively, these conditions demonstrate that Menifee faces both persistent and emerging traffic safety problems requiring sustained enforcement, targeted education, and data-driven prevention strategies.
These trends align with statewide Office of Traffic Safety priority areas, including impaired driving, speed- related crashes, and the protection of vulnerable road users.
Define the target population the grant intends to serve and how they are affected by the problem(s).
This traffic safety programming is intended to serve all roadway users within the City of Menifee, including residents, commuters, visitors, and commercial drivers. Because Menifee functions as a regional transportation hub, the benefits of this grant extend to travelers from surrounding cities and throughout southwest Riverside County.
Several populations are disproportionately affected by the identified traffic safety problems:
• Youth and young drivers, particularly those bicycling or using e-bikes near schools and residential areas.
• Bicyclists and pedestrians, who face increased exposure on congested arterials and near commercial and school zones.
• Motorists and commuters, including residents of neighboring jurisdictions, impacted by impaired driving and speed-related crashes.
• Seniors and other vulnerable road users, who are at increased risk of injury in traffic crashes.This grant will serve these populations through a balanced approach emphasizing high-visibility enforcement, impaired driving deterrence, speed management, and targeted education. DUI checkpoints and saturation patrols will focus on removing impaired drivers before crashes occur.
Speed enforcement and traffic safety operations will prioritize corridors and school zones with elevated crash histories. Bicycle and e-bike safety education will focus on youth and families through school-based programs and community outreach.
By deploying resources based on crash data and roadway risk—rather than demographic characteristics— the Menifee Police Department will ensure equitable service delivery while directly addressing the needs of at-risk populations most affected by traffic-related injuries and fatalities.
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2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
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8. Conduct DUI Saturation Patrol operation(s). 13
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
13 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
22 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 2
15. Participate in highly visible collaborative Traffic Enforcement operations. 1
16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.
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• Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) Item Title: 10.13
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2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT27095
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$85,000.00
402PT-27 20.600 State and Community Highway
Safety
$40,000.00
405e DDA-27 20.616 Distracted Driving Awareness $35,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $11,992.56 4 $47,970.00
DUI Saturation Patrols 164ID-27 $1,638.42 13 $21,299.00 Collaborative DUI Enforcement 164ID-27 $1,418.54 2 $2,837.00 Benefits - 164ID OT @ 11.68% 164ID-27 $72,107.14 1 $8,422.00 Traffic Enforcement 402PT-27 $1,418.54 13 $18,441.00
Motorcycle Safety Enforcement 402PT-27 $1,418.54 4 $5,674.00 Pedestrian and Bicycle Enforcement 402PT-27 $1,773.18 3 $5,320.00 Collaborative Traffic Enforcement 402PT-27 $2,659.77 1 $2,660.00 Benefits - 402PT OT @ 11.68% 402PT-27 $32,094.49 1 $3,749.00 Distracted Driving Enforcement 405e DDA-
27 $1,424.54 22 $31,340.00
Benefits - 405e OT @ 11.68% 405e DDA-
27 $31,339.44 1 $3,660.00
Category Sub-Total $151,372.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $4,155.87 1 $4,156.00
$0.00
Category Sub-Total $4,156.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $4,471.75 1 $4,472.00
Category Sub-Total $4,472.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
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GRANT TOTAL $160,000.00
Item Title: 10.13
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT27095
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits - 164ID OT @ 11.68% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Total Benefits: 11.68%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits - 402PT OT @ 11.68% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Total Benefits: 11.68%
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Benefits - 405e OT @ 11.68% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Total Benefits: 11.68%
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum, OTS Traffic Safety Summit, GHSA Annual Meeting in Anaheim. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT27095
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the Item Title: 10.13
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or Item Title: 10.13
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and Item Title: 10.13
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of Item Title: 10.13
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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.
FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:
If Federal Grant:
Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:
Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:
Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________
CITY OF MENIFEE
GRANT SUMMARY REPORT
FINANCE DEPARTMENT
2026/2027
08/19/2026
Selective Traffic Enforcement Grant (STEP)
Office of Traffic Safety (OTS)
Menifee Police Department
Christine Booker
NHTSA
20.600 & 20.608
OTS
-
-
10/1/26-9/30/27
-
$160,000
Reimbursement
-
-
$160,000
N/A
2301-51-MPD-PDAM-000-17056-650205, 2301-51-MPD-PDAM-000-17056-652211, 2301-51-MPD-PDAM-000-17056-651501 2301-28-XNC-XNCL-000-17056-441000
No
N/A
N/A
No
Yes
Yes
2026/2027
No
✔
10/1/26-9/30/27
Traffic programs including DUI checkpoints, saturations, motorcycle enforcement, pedestrian and bike enforcements events and supplies.
Quarterly reporting will be required.
Item Title: 10.13
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 24
Menifee Mayor and City Council
August 19, 2026
Page
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RESOLUTION NO. 26-____
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 18th, 2025; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2026/27 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
REVENUE ADJUSTMENT – GRANT FUND 2301
EXPENDITURE ADJUSTMENT – GRANT FUND 2301
RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
$0.00
TOTAL: $0.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
August 19,
2026
Grant: Selective Traffic Enforcement
Program (STEP)
2301-28-XNC-XNCL-
000-17056-441000- $160,000.00
TOTAL: $160,000.00
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT NUMBER AMOUNT
August 19,
2026
Grant: Selective Traffic Enforcement
Program (STEP) – Staff hours including
overtime
2301-51-MPD-PDAM-
000-17056-650205- $151,372.00
August 19,
2026
Grant: Selective Traffic Enforcement
Program (STEP) – Supplies
2301-51-MPD-PDAM-
000-17056-651501- $4,472.00
August 19,
2026
Grant: Selective Traffic Enforcement
Program (STEP) – Training
2301-51-MPD-PDAM-
000-17056-652211- $4,156.00
Total $160,000.00
Item Title: 10.13
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 25
Menifee Mayor and City Council
August 19, 2026
Page
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Amending the Fiscal Year 2026/27 Grant Fund Budget
OTS Selective Traffic Enforcement Program (STEP) Grant for Menifee Police Department 2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:
Section 1.The annual budget for the Grant Fund 2301 for the City of Menifee for FY 2026/27 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
FUND SUMMARY – GRANT FUND 2301
PASSED, APPROVED AND ADOPTED this 19th day of August, 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 $0.00 $0.00 $160,000.00 $160,000.00
Expenditures $0.00 $0.00 $160,000.00 $160,000.00
Item Title: 10.13
Office of Traffic Safety Selective Traffic Enforcement Program Grant Item Page Number: 26
Menifee Mayor and City Council
August 19, 2026
Page
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CITY OF MENIFEE
SUBJECT: Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
MEETING DATE: August 19, 2026
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the Petition of Fortune Land Development, LLC, Plot Plan No. (PLN) 23-0126, located on the northeast corner of Bradley Road and McCall Boulevard, into Community Facilities District (CFD) No. 2017-1, Maintenance Services, as Annexation No. 41; and
2. Adopt a resolution of intention to add Annexation No. 41 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for October 7, 2026.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Act). CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.
Fortune Land Development, LLC, (Owner) is the Owner of PLN 23-0126, which consists of approximately 0.57 gross acres of a commercial vacant lot. The property is located on the northeast corner of Bradley Road and McCall Boulevard, as shown in the attached Project Location Map. The Owner has requested that the City assist them in annexing PLN 23-0126 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 41,” and at build-out would include a quick-serve Burger King restaurant with a drive-thru. Per the Owner’s request, the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 41, to pay for those services.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 1
Menifee Mayor and City Council
August 19, 2026
Page
381 of 1366
City of Menifee Staff Report
CFD No. 2017-1, Annex 41 – Burger King
August 19, 2026
3 4
2 0
Annexation No. 41 would have a maximum annual tax of $30,227 per acre and would be included in CFD No. 2017-1 as “Tax Zone 41.” This tax rate includes a Maximum Special Tax A of $16,586 per acre per year for maintenance services of public facilities and a Maximum Special Tax B (Contingent Tax B) of $13,641 per acre per year. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained by the CFD.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex PLN 23-0126 into CFD No. 2017-1 is to publish a notification of the proposed annexation along with the Resolution of Intention and Boundary Maps of the proposed Annexation area. A public hearing on the matter would take place on October 7, 2026, and at that time, the Council would formally consider approval of the Annexation No. 41.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, that there would be an annual collection of special tax revenues of approximately $9,454, not including Contingent Tax B, to be used to pay for maintenance costs.
On June 1 of each year, every taxable acre within the boundaries of the CFD, would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Owners. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 2
Menifee Mayor and City Council
August 19, 2026
Page
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BRADLEY
RD
MCCALL BLVD
^_
NEWPORT RDC ANYONLAKEDR N
BRADLEY
RD
MURRIETA
RD
§¨¦215
MCCA LL B LVD
SHERMAN
RD
ANTELOPE
RD
MCLAUGHLIN RD
HERITAGELAKED R
EVANS
RD
ROUSE RD
JUNIPERO RD
VARELA LN
BRIGGS RD
COMMUNITY FACILITIES DISTRICT 2017-1
(MAINTENANCE SERVICES)
ANNEXATION NO. 41
PROJECT MAP
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 3
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August 19, 2026
Page
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1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017- 1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 41) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) , on November 1, 2017 , the City Council (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017- 1") for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, acting as the Legislative Body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determined and order as follows:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to Article
3.5 of the Act for the annexation into the CFD No. 2017 -1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017 -1. The boundaries of the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Proposed Boundary Map – Community Facilities District No. 2017 -1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following:
Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 4
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August 19, 2026
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Resolution of Intention Annex 41
2 of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017 -1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 41, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services would be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017 -1, would be levied annually within the territory proposed to be annexed to the CFD No. 2017-
1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017- 1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, October 7, 2026 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council would conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 5
Menifee Mayor and City Council
August 19, 2026
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Resolution of Intention Annex 41
3 the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, October 7, 2026 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2026.
___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 6
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August 19, 2026
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services) (the “CFD No. 2017 -1”) Annexation No. 41 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Numbers (APNs).
Assessor Parcel Number(s) Owner Name
335-202-001 Fortune Land Development, LLC
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 7
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August 19, 2026
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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1 , as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1 ; and any portions adjacent to the properties within CFD No. 2017-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by p roceeds of the special tax of CFD No. 2017 -1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017 -1 before the territory was annexed, as applicable.
EXHIBIT B
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 8
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 201 8, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, t he land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017 -1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017 -1, or any designee thereof associated with fulfilling the CFD No. 2017- 1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017- 1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017 -1 for any other administrative purposes of CFD No. 2017- 1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 9
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construction building permit issued for construction of a building of Non -Residential Property and any Building Square Footage subsequently added to a building of such Non-Residential Property after issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2017 -1” means the City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017- 1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax ” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent) ” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent) , as determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 10
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August 19, 2026
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 3 “Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017 -1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve fo r the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 11
Menifee Mayor and City Council
August 19, 2026
Page
391 of 1366
“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017 -1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or sh own on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Resid ential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 12
Menifee Mayor and City Council
August 19, 2026
Page
392 of 1366
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 5 as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $158
Multi-Family Residential Property RU $158
Non-Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 13
Menifee Mayor and City Council
August 19, 2026
Page
393 of 1366
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $158
Multi-Family Residential Property RU $158
Non-Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i ) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299-1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 201 9 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 14
Menifee Mayor and City Council
August 19, 2026
Page
394 of 1366
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $0
Multi-Family Residential Property RU $0
Non-Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 - 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 15
Menifee Mayor and City Council
August 19, 2026
Page
395 of 1366
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $0
Multi-Family Residential Property RU $0
Non-Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299-1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The S pecial Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 16
Menifee Mayor and City Council
August 19, 2026
Page
396 of 1366
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council s hall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the a ggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties . Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 17
Menifee Mayor and City Council
August 19, 2026
Page
397 of 1366
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017- 1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017 -1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 18
Menifee Mayor and City Council
August 19, 2026
Page
398 of 1366
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2026-27. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 41.
TAX ZONE 41 (SERVICES)
PLN 23-0126
Item Description Estimated Cost
1 Landscaping $3,500
2 Lighting $248
3 Streets $2,144
4 Drainage $762
5 Reserves $1,664
6 Administration $1,135
Total $9,454
TAX ZONE 41 (CONTINGENT SERVICES)
PLN 23-0126
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2026-27. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 41.
Item Description Estimated Cost
1 Drainage $5,312
2 Reserves $1,328
3 Administration $1,135
Total $7,775
TAX ZONE 41
FY 2026-27 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $16,586 $13,641
Approved Acre $16,586 $13,641
Undeveloped Acre $16,586 $13,641
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 19
Menifee Mayor and City Council
August 19, 2026
Page
399 of 1366
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxabl
e Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018-19 36299-1 & PM
9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020-21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020-21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020-21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2020-21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021-22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022-23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021-22 TR 32102 & TR
32102-1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021-22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022-23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2024-25 TR 31194 552 SFR RU $913 $0 Golden Meadowland, LLC & Golden Hill Country, LLC
12 2022-23 TR 37408 & TR
37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022-23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022-23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022-23 LLA 17-007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC 17 2023-24 PM 37145 4.82 NR Acre $3,137 $0 VSK Investments, LLC 18 2023-24 TR 37131 305 SFR RU $533 $38 AG EHC II (LEN) CA 1, LP 19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties 20 2026-27 TTM 38525 45 SFR RU $1,147 $141 Menifee 50, LLC 21 2024-25 TR 38219 198 SFR RU $315 $71 Richmond American Homes of Maryland Inc.
22A 2023-24 TR 36658-1, -
3, -4, & -7 393 SFR RU $1,086 $100 Pulte Home Company, LLC 22B 2023-24 TR 36658-2 116 SFR RU $879 $100 Pulte Home Company, LLC 22C 2023-24 TR 36658-5
& 36658-6 247 SFR RU $879 $100 Pulte Home Company, LLC
23 2024-25 TR 37671 182 SFR RU $1,293 $0 Pulte Home Company, LLC 24 CANCELED
25 2026-27 TR 37692 130 SFR RU $646 $187 Quail Hills, LP 26 2024-25 TTM 38126 96 SFR RU $1,239 $0
Richmond American
Homes of Maryland, Inc.,
a Maryland corporation
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 20
Menifee Mayor and City Council
August 19, 2026
Page
400 of 1366
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 13 Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxabl
e Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
27 2024-25 333-040-043,
333-040-044 1.89 NR Acre $5,016 $1,002
KA Menifee, LLC, Capital
Financial Group, Inc.
Defined Benefit Pension
Plan, Kaassi International,
Inc. Defined Benefit
Pension Plan, KZA Inc.
Defined Benefit Pension
Plan.
28 2025-26 PLN 22-0154 43.14 NR Acre $820 $0 Nova Power, LLC 29 2024-25 TR 38346 162 MFR RU $274 $65 Lennar Homes of California, LLC
30 2025-26 TPM 38156 71.78 NR Acre $1,312 $374 Menifee Commerce Center
31 To Be Determined
32 To Be Determined
33 2025-26 CUP 2019-013 4.07 NR Acre $1,048 $1,902 CG Menifee 1, LLC, & CG Menifee 2, LLC
34 2025-26 TTM 31229 233 SFR RU $1,033 $121
KB Home Cal
Management Services,
LLC
35 2025-26 335-481-017 30 MFR RU $525 $327 Navarro Trust DTD 05/01/2007
36 To Be Determined
37 2026-27 TR 38303 28.24 NR Acre $968 $445 IV4 Menifee Valley Business Park BLDG 3, LLC
38 2026-27 TR 38303 74.42 NR Acre $1,339 $999 IV4 Menifee Valley Business Park BLDG 4, LLC
39 2025-26 TTM 38766 67 SFR RU $1,013 $282 Garbani Road 134 Owner, LLC
40 2025-26 331-120-058 4.44 NR Acre $3,844 $7,174 Kaiser Foundation Health, Inc.
41 2026-27 PLN 23-0126 0.57 NR Acre $16,586 $13,641 Fortune Land Development, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 19 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 21
Menifee Mayor and City Council
August 19, 2026
Page
401 of 1366
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals ; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 22
Menifee Mayor and City Council
August 19, 2026
Page
402 of 1366
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
(ON FOLLOWING PAGES)
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 23
Menifee Mayor and City Council
August 19, 2026
Page
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Bradley
Rd
McCall Blvd
335-202-001
SHEET 1 OF 1 SHEET
\_
CFD 2017-1
TAX ZONE 41
·|}þ74
·|}þ74
§¨¦215
MENIFEE
02 0 0 4 0 0 100 Feet
ANNEXATION MAP NO. 41
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
A N D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 6 9 A N D AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
C IT Y OF MENIF EE
-
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2026-27.
RECORDED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
P A G E _ _ _ _ _ O F M A P S O F A S S E S S M E N T A N D C O M M U N I T Y
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF
MENIFEE, THIS _______ DAY OF _________________, 20___. ___________________________________
CITY CLERK
C IT Y OF MENIF EE
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
LEGEND
PARCEL LINE
CFD BOUNDARY
CITY BOUNDARY
41 TAX ZONE
41 Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 24
Menifee Mayor and City Council
August 19, 2026
Page
404 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 25
Menifee Mayor and City Council
August 19, 2026
Page
405 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 26
Menifee Mayor and City Council
August 19, 2026
Page
406 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 27
Menifee Mayor and City Council
August 19, 2026
Page
407 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 28
Menifee Mayor and City Council
August 19, 2026
Page
408 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 29
Menifee Mayor and City Council
August 19, 2026
Page
409 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 30
Menifee Mayor and City Council
August 19, 2026
Page
410 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 31
Menifee Mayor and City Council
August 19, 2026
Page
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EXHIBIT F
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 41)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on August 19, 2026 adopted its Resolution No. 2026-__, in which it declared its intention to annex territory to existing Community Facilities District No. 201 7-1 (Maintenance Services) (the "CFD No. 201 7-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, October 7 , 2026 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 201 7-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the October 7, 2026 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2026 _________________________________________ City Clerk of the City of Menifee
PUB: ____________, 2026
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 32
Menifee Mayor and City Council
August 19, 2026
Page
412 of 1366
Item Title: 10.14
Resolution of Intention for Annexation No. 41, Burger King, into Community Facility District No. 2017-1, Maintenance Services
Item Page Number: 33
Menifee Mayor and City Council
August 19, 2026
Page
413 of 1366
CITY OF MENIFEE
SUBJECT: Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
MEETING DATE: August 19, 2026
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an In Lieu Fee Agreement with Core 5 Industrial Partners, LLC through its subsidiary Menifee Commerce Center I, LLC, for developer fee payment in the amount of $1,639,315.52 in lieu of constructing McLaughlin Road between Trumble Road and Dawson Road for the Menifee Commerce Center Project, Parcel Map 38156.
DISCUSSION
Core 5 Industrial Partners, LLC, through its subsidiary Menifee Commerce Center I, LLC (Developer), a Delaware Limited Liability Company, is the developer of Parcel Map 38156 (PM 38156), Menifee Commerce Center, an industrial development south of Ethanac Road between Trumble Road and Dawson Road.
The development entitled PM 38156 included the creation of two parcels for industrial buildings.
Building 1, located between Sherman Road and Dawson Road, is approximately 1,046,539 square feet in size and is currently under construction. Building 2, located between Trumble Road and Sherman Road, was entitled as approximately 385,970 square feet in size; however, this portion of the project was incorporated with the recently entitled Heritage Valley Business Center, Parcel Map 39323.
As part of the PM 38156 development requirements, the Developer was required to construct McLaughlin Road between Trumble Road and Dawson Road. This area of McLaughlin Road has not been previously paved, and the right-of-way has not yet been dedicated for the roadway. The northern half of the roadway is on property owned by Southern California Edison (SCE), and the southern half of the roadway is on private property developed with low-density residential homes.
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 1
Menifee Mayor and City Council
August 19, 2026
Page
414 of 1366
City of Menifee Staff Report
In Lieu Fee Agreement for PM38156, Menifee Commerce Center August 19, 2026
3 4
2 4
The public improvements included with the in-lieu fee for McLaughlin Road include right-of-way acquisition, grading of the pavement subgrade, placement of aggregate base, and installation of a new asphalt concrete pavement surface. Asphalt paved shoulders are included along with graded swales for drainage. Water and sewer utility improvements are not required for the Project within McLaughlin Road, as they are being installed from Ethanac Road.
For the property owned by SCE, the required right-of-way for McLaughlin Road would need to be transferred through their Grant Out process (SCE's formal process for conveying or granting the property rights needed for public right-of-way within SCE's real property). The timeline for Grant Out is longer than can be accommodated by the project's building construction schedule. Rather than delay construction of the project until after the Grant Out process is complete, the City has requested that the Developer provide an in-lieu fee payment for the street improvements. Once the right-of-way has been obtained for McLaughlin Road, the City can use the in-lieu funds to construct the required street improvements.
The Developer has agreed to pay the City $1,639,315.52 in lieu of constructing the conditioned street improvements for McLaughlin Road which includes the estimated costs for the southern right-of-way acquisitions. The proposed In Lieu Fee Agreement (Agreement) memorializes the in- lieu payment between the Developer and the City.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no General Fund fiscal impact associated with the recommended action. All costs for development and review of the Agreement have been borne by the developer. The Developer has provided payment to the City in the full amount of the in-lieu fee as of April 16, 2026, which will be held in a trust account to be used by the City to construct the required street improvements once right-of-way has been acquired.
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 2
Menifee Mayor and City Council
August 19, 2026
Page
415 of 1366
333-070-069
TRUMBLE RD
VAN
BUREN
AVE
JEFFERSON AVE
MONROE AVE
DAWSON RD
ANTELOPE RD
SHERMAN RD
EVANS RD ENCANTO
DR
§¨¦
215
·|}þ74
^ _
MENIFEE
RD
ETHANAC RD
SHERMAN RD
MURRIETA RD
MCLAUGHLIN RD
SUNCITYBLVD
CANNON
DR
VALLEY
BLVD
GEARY ST
JUNIPERO RDASPEL RD
BARNETT RD
§¨¦215
CHAMBERS AVE
VELADR
PROJECT MAP
PM38156 MENIFEE COMMERCE CENTER
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements Item Page Number: 3
Menifee Mayor and City Council
August 19, 2026
Page
416 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 4
Menifee Mayor and City Council
August 19, 2026
Page
417 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 5
Menifee Mayor and City Council
August 19, 2026
Page
418 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 6
Menifee Mayor and City Council
August 19, 2026
Page
419 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 7
Menifee Mayor and City Council
August 19, 2026
Page
420 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 8
Menifee Mayor and City Council
August 19, 2026
Page
421 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 9
Menifee Mayor and City Council
August 19, 2026
Page
422 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 10
Menifee Mayor and City Council
August 19, 2026
Page
423 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 11
Menifee Mayor and City Council
August 19, 2026
Page
424 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 12
Menifee Mayor and City Council
August 19, 2026
Page
425 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 13
Menifee Mayor and City Council
August 19, 2026
Page
426 of 1366
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 14
Menifee Mayor and City Council
August 19, 2026
Page
427 of 1366
Street Improvements Quantity Unit Cost Sub-Total Cost Notes Demolition 6,600.00 $
Remove & Salvage - Existing Sign 8 ea 300.00 2,400.00 $ Demolition of Existing Wall 280 lf 15.00 4,200.00 $
Earthwork 236,444.60 $
Clear & Grub Site 112,100 sf 0.25 28,025.00 $
Rough Grading 3316 cy 45.00 149,215.00 $
Fine Grade Paving & Flatwork 89,529 sf 0.40 35,811.60 $ Construction Water 112,100 sf 0.13 14,573.00 $
Earthen Swale - Fine Grading 22,050 sf 0.40 8,820.00 $
Site Concrete 27,000.00 $
2' Concrete V Ditch 450 lf 60.00 27,000.00 $
Asphalt Pavement* 485,507.25 $
5" AC over 14" AB 59,625 sf 6.45 384,581.25 $
Shoulder - 3" AC over native 29,904 sf Chart 100,926.00 $ Street Striping and Signing 16,115.22 $
Striping & Signage - General 89,529 sf 0.18 16,115.22 $ Utilities
Gas Meter/Misc Utility Removal 4 ea 5,000 60,000.00 $ Includes CATV & unknown pullboxes.
Adjust Existing Manhole/Valve Can to grade 9 ea 3,500 31,500.00 $ Remove/Relocate Existing Blowoff/EMWD Equipment 5 ea 4,500 22,500.00 $ Landscaping 15,290.00 $
Landscaping - Planting 2,780 sf 5.50 15,290.00 $ Bioswale planting HARD COSTS TOTAL 2,700 lf 900,957.07 $ $ 333.69 /lf Soft Costs Quantity Unit Cost Sub-Total Cost Notes
General
Mobilization / Demobilization 1 ls 45047.85 45,047.85 $ 45,047.85 $ 5% of Hard Cost Total Design + Environmental 1 ls 0.00 -$ -$ 0% of Hard Cost Total Permits 1 ls 7500.00 7,500.00 $ 7,500.00 $
Survey 112,100 sf 0.15 16,815.00 $
Erosion Control 17,936.00 $
Erosion Control 112,100 sf 0.16 17,936.00 $
Traffic Control 14,736.00 $
General 92,100 sf 0.16 14,736.00 $
Final Clean 8,968.00 $
General 112,100 sf 0.08 8,968.00 $
SOFT COSTS TOTAL 2,700 lf 111,002.85 $ $ 41.11 /lf
Contingency Quantity Unit Cost Sub-Total Cost Notes
Contingency (10%) 1 10% 1,011,959.92 $ 101,195.99 $ CONTINGENCY TOTAL 2,700 lf 101,195.99 $ $ 37.48 /lf Cost Escalations Quantity Unit Cost Sub-Total Cost Notes Cost Escalations 1 LS $103,219.61 103,219.61 $ 3%, Compounded Annually, 3-YR COST ESCALATIONS TOTAL 2,700 lf 103,219.61 $ $ 38.23 /lf Right of Way + DIF Credits Quantity Unit Cost Sub-Total Cost Notes Right of Way Acquisitions** 114,000 sf 3.71 422,940.00 $ See attached ROW exhibit DIF Credit - ($446,116.00) 1 LS -$ NOT INCLUDED RIGHT OF WAY + DIF CREDITS TOTAL 2,700 lf 422,940.00 $ $ 156.64 /lf MCLAUGHLIN GRAND TOTAL 2,700 lf 1,639,315.52 $ $ 607.15 /lf NOTES
*Paving section is based upon the City of Menifee's Collector road designation. - Includes Traffic Index = 8.
- Includes R-Value = 20. Per Off-Site Pavement Design Recommendations, subgrade soils are expected to range from R-20 to R30. - For reference, R-Value testing on Sherman Road produced R = 30, and Dawson Road produced R = 25. *Asphalt Pavement pricing is based on All American Asphalt's public bid (prevailing wage) of Ethanac Road. **Based on the City's CIP right of way cost ($3.50/SF). - An increase of 5.91% was applied to reflect the approximate increase in median home sale prices from 2023-2025 (Source: Redfin)
M E N I F E E C O M M E R C E C E N T E R
MCLAUGHLIN ROAD - COST ESTIMATE
Pricing based on McLaughlin Street Improvement Plans - Prepared by Webb Associates - Dated 6/13/24 (10 Sheets) McLaughlin Road - Cost Summary 2.19.26
McLaughlin (2nd Sub 1.8.26)
1 of 1 Printed: 2/23/2026
IP24-041S
McLaughlin Road
Approved for
Cash-In-Lieu payment
CR 3/12/2026
Item Title: 10.15
Agreement with Core 5 Industrial Partners, LLC for McLaughlin Road Improvements
Item Page Number: 15
Menifee Mayor and City Council
August 19, 2026
Page
428 of 1366
CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Estate Design and Construction for the Banner Village Playground Project
MEETING DATE: August 19, 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. Award bid and authorize the City Manager to execute a Contract Services Agreement with Estate Design and Construction to perform construction services for the Banner Village Playground Project, Capital Improvement Program (CIP) Project No. 27-04, located at the corner of Domenigoni Parkway and Lindenberger Road, in a total not-to-exceed amount of $159,700.
DISCUSSION
Banner Village Park opened in May 2024 to serve residents and visitors of the City of Menifee.
Located at the corner of Domenigoni Parkway and Lindenberger Road, the 4.86-acre park features a variety of amenities, including the City's first splash pad, four picnic shelters, a basketball court, restrooms, a parking lot, and expansive open green space. To further enhance recreational opportunities at the park, Capital Improvement Program (CIP) Project No. 27-04, Banner Village Playground (Project), was approved to fund the installation of a new playground.
On November 5, 2025, as part of the Project and under the City Manager’s signing authority, the City purchased the playground structure from Gametime. The purchase was made possible through a 50% match discount provided to the City by Gametime. On November 17, 2025, the City issued a purchase order to BMLA Inc. to complete the design, specifications, and construction documents for the installation of the playground and the surrounding features. Image 1 on the following page shows a rendering of the proposed playground.
Item Title: 10.16
Bid Award and Agreement with Estate Design and Construction for the Banner Village Playground Project
Item Page Number: 1
Menifee Mayor and City Council
August 19, 2026
Page
429 of 1366
City of Menifee Staff Report
CIP 27-04 Banner Village Playground Agreement
August 19, 2026
3 3
8 8
IMAGE 1: BANNER VILLAGE PARK PLAYGROUND DESIGN
As required by the California Public Contract Code (CPCC), staff administered a competitive bid process using PlanetBids on May 28, 2026 for construction services. Services would include the demolition of the current landscape, preparation of the foundation, and the installation of the playground, surrounding landscaping, and rubber surfacing preparation. The bid was advertised for 26 days with a bid opening date of June 23, 2026. A total of 11 bids were received as summarized in Table 1 below.
TABLE 1 – BID RESULT SUMMARY
Firm Name Total Bid Amount
Estate Design and Construction $159,700
JMJ Construction $160,000
Jami Construction $167,000
FGE Construction LLC $171,970
Cinbad Industry $198,918
Orange Blue General Contractors $219,000
VARN Development $220,500
R E Schultz Construction, Inc. $247,318
CO Brothers LLC $259,000
YMC $289,000
Steady Solutions, Inc. $320,000
After full review of the documents, staff found that the lowest apparent bidder, Estate Design and Construction, met the requirements for recommendation as the lowest responsive and reasonable bidder.
Item Title: 10.16
Bid Award and Agreement with Estate Design and Construction for the Banner Village Playground Project
Item Page Number: 2
Menifee Mayor and City Council
August 19, 2026
Page
430 of 1366
City of Menifee Staff Report
CIP 27-04 Banner Village Playground Agreement
August 19, 2026
3 3
8 8
The cost of the construction contract is $159,700. Labor compliance, construction management, and material testing services are currently being procured and are anticipated to cost $35,300 for a total construction cost of $195,000.
If approved by the City Council, the tentative Project schedule would be as follows:
Construction Start: October 2026
Construction End: December 2026
City Council Acceptance: February 2027
The timeline above assumes no delays due to weather or unforeseen conditions.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The agreement with Estate Design and Construction is proposed at an amount not-to-exceed $159,700. The total anticipated cost for the project including construction, labor compliance, construction management, material testing and other costs typically associated with a construction project is estimated at $195,000. Funding in the total is available in the existing project funding as shown in Table 2 below.
TABLE 2 – AVAILABLE PROJECT FUNDING
Fund Available Budget Amount Requested
1100 – General Fund $67,643 $0
4320 – Capital Project Fund $387,379 $159,700
Total $455,022 $159,700
No additional budget appropriation would be required for this action.
ATTACHMENTS
1. Estate Design and Construction Agreement
Item Title: 10.16
Bid Award and Agreement with Estate Design and Construction for the Banner Village Playground Project
Item Page Number: 3
Menifee Mayor and City Council
August 19, 2026
Page
431 of 1366
2671/031858-0001
20841204.11 a03/11/26
CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
CIP 27-04 BANNER VILLAGE PARK PLAYGROUND PROJECT
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2026 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ESTATE DESIGN AND CONSTRUCTION, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit B, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, this Agreement shall prevail. The Services may be further set forth in the Special Provisions incorporated into Exhibit A, if any (the “Special Provisions”). In the event of a conflict in or inconsistency between the terms of this Agreement and the Special Provisions, the Special Provisions shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on August 5, 2026.
Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until the later of (1) final written approval and acceptance of the work performed under this Agreement by the Contract Administrator and (2) City’s payment of Contractor’s final invoice for the Services pursuant to Section 2.3. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, Item Title: 10.16
Bid Award and Agreement with Estate Design and Construction for the Banner Village Playground Project
Item Page Number: 4
Menifee Mayor and City Council
August 19, 2026
Page
432 of 1366
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competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non- conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, Item Title: 10.16
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redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such
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corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement.
Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any Item Title: 10.16
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delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
1.10 Special Provisions. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Provisions” attached hereto as Exhibit A
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and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
SECTION 1. COMPENSATION.
1.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed ONE
HUNDRED FIFTY NINE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($159,700.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
1.2 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.
1.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Such invoices shall be submitted to City no later than the fifteenth (15th) of each month for all such amounts for the prior calendar month. Contractor’s final invoice shall be submitted to City no later than thirty (30) days following City’s written acceptance of the completed Services pursuant to Section 1.2. Where requested by City in writing, the invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. Where requested by City in writing, , for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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e. Where requested by City in writing, The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B;
f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole Item Title: 10.16
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discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion
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of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor’s final invoice for such Services and reimbursable expenses shall be submitted to City within thirty (30) days of the date of City or Contractor’s notice of termination pursuant to Section 8, as applicable. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to Item Title: 10.16
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perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated 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 Section 7104 and California Labor Code Section 6705, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
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SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of Item Title: 10.16
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insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator. Notwithstanding the forgoing, any provision of the Special Provisions shall replace and take precedence over any subsection of this Section 4 relating to insurance.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
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I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit 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.
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a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 27- 04 BANNER VILLAGE PARK PLAYGROUND PROJECT. The name and address for Item Title: 10.16
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additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the
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coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and Item Title: 10.16
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nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this 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, Item Title: 10.16
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rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become Item Title: 10.16
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entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 1. LEGAL REQUIREMENTS.
1.1 Governing Law. The laws of the State of California shall govern this Agreement.
1.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
1.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in Item Title: 10.16
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which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
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d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
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7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual
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appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request for Proposals (usually located in the Special Provisions thereof) referenced therein, if any, or if no amount is set forth therein, the sum of ONE THOUSAND DOLLARS ($1,000.00), for each consecutive calendar day in excess of the time specified for completion of the Work. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor Item Title: 10.16
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for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.
Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or Item Title: 10.16
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d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
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Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Notwithstanding the forgoing, Contractor is also responsible for complying with the provisions Special Provisions related to Documents and Materials.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Item Title: 10.16
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Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Any and all reports prepared pursuant to this Subsection are in addition to the reports required by the Special Provisions, if any.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or Item Title: 10.16
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rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 1. MISCELLANEOUS PROVISIONS.
1.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
1.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
1.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
1.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
1.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
1.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
1.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement 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, Bryce Howell, Park/Landscape & Facility Maintenance Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
ESTATE DESIGN AND CONSTRUCTION
5701 Buckingham Pkwy Unit C
Culver City, CA 90230
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Bryce Howell, Park/Landscape & Facility Maintenance 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 Item Title: 10.16
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personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by 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.
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10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential
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financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Benjamin S. Tvizer, CEO
Benjamin S. Tvizer, CEO
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
INTENTIONALLY LEFT BLANK
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include CIP 27-04 BANNER VILLAGE PARK PLAYGROUND 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 ONE HUNDRED FIFTY NINE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($159,700.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: 2026-13.
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
MEETING DATE: August 19, 2026
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 3 to the Software Services Agreement (SSA) with EnCodePlus, LLC for the Standard90° EnCodePlus software increasing the amount by $57,360 for a total not-to-exceed amount of $191,610 and extending the agreement term through August 11, 2029.
DISCUSSION
Since 2018, the City has used EnCodePlus, LLC to publish and manage its zoning, land-use, and development standards online. EnCodePlus, LLC provides residents, property owners, developers, and City staff with a searchable and user-friendly way to access this information.
The City’s current agreement with EnCodePlus, LLC is scheduled to expire in August 2026.
Renewing the agreement would prevent an interruption in service, ensure continued access to the City’s online development code, and support the Community Development Department’s efforts to provide a more accessible and efficient development review process.
As the City continues to experience growth and respond to increasingly complex state housing requirements, its online development code must continue to evolve beyond a digital document repository. The proposed renewal would also support improvements that make it easier for users to identify the development standards that may apply to a property or proposed project before submitting an application.
Providing clear information earlier in the development process may help reduce incomplete or non-compliant applications, improve customer service, and allow staff to review projects more efficiently. It may also reduce the time that staff spends responding to routine inquiries, allowing them to focus on project review, technical assistance, and long-range planning.
Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 1
Menifee Mayor and City Council
August 19, 2026
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City of Menifee Staff Report
EnCodePlus SSA Amendment No. 3
August 19, 2026
3 4
6 6
Staff recommends the City Council approve the proposed SSA Amendment No. 3 with EnCodePlus, to ensure continued access to the City’s online development code and support improvements to the platform. These improvements would make it easier for residents, developers, and City staff to find and understand the development standards that apply to a property or proposed project.
TABLE 1: ENCODEPLUS, LLC SSA SUMMARY
Contract Approval Date Summary of Changes Value
Original August 13, 2018 Original Agreement $20,500
Amendment No. 1 July 7, 2021 Contract Extension to August 13, 2026 and Permit Streamlining Features $110,000
Amendment No. 2 December 3, 2025 Web Content Accessibility Audit/Remediation $3,750
Amendment No. 3 Pending Council
Approval
Additional funding, Term extension to
August 11, 2029 $57,360
TOTAL $191,610
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
The fiscal impact for the proposed SSA Amendment No. 3 with EnCodePlus, LLC is $57,360 with a total not-to-exceed amount of $191,610. Funding for Fiscal Year 2026/27 of the proposed agreement is available within the approved IT Software budget expense account (1110-ITD- 651353). Funding for the subsequent fiscal years will be budgeted into each respective annual budget. No additional budget appropriation(s) are required for this action.
TABLE 2: CONTRACT BUDGET BREAKDOWN
Fiscal Year Proposed Budget Account
FY 2026/2027 $19,120 1110-ITD-651353
FY 2027/2028 $19,120 1110-ITD-651353
FY 2028/2029 $19,120 1110-ITD-651353
TOTAL $57,360
ATTACHMENTS
1. Amendment No. 3 – EnCodePlus, LLC
2. EnCodePlus, LLC Original Agreement
Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 2
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P: 1.800.381.9286 I E: [email protected]
A: 1415 Highway 6 South, Ste A300, Sugar Land, TX 77478 ENCODEPLUS.COM
Amendment 3 to Software License Agreement
This Amendment is made and entered into by and between enCodePlus, LLC, a Texas limited liability company (“Licensor”), and the City of Menifee, CA (“Licensee”), and is effective as of the date of signature below.
Agreement Details
• Original Agreement and Amendments : Th e Original Amendment was modified on July 7, 2021 (Amendment #1) and on January 9, 2026 (Amendment #2). the Software License Agreement originally entered into between Licensor and Licensee on August 13, 2018, and amended on July 7, 2021 . The details are as follows
Original Agreement + Executed Amendments One-Time Annual Cumulative Zoning Ordinance Rewrite Portal $3,500 $4,250 $4,250
1. Premium Features (License extended through 8.12.26) $31,700 $13,700 $17,950
2. WCAG 2.1 AA Audit, Remediation, & Annual Updates $3,750 $500 $18,450 a. Remove eReader $0 ($750) $17,700
• Amendment
3. License Renewal
a. Term. The Software License Agreement is hereby extended from August 12, 2026 through August 11, 2029.
b. Annual Fee. The U.S. Consumer Price Index (CPI) increased from an average of 251.23 in 2018 to 335.12 in 2026, marking a cumulative inflation rate of about 33.4% over this 8-year period.
This represents an average annualized inflation rate of roughly 3.67% per year, which increases the annual license fee of $4,250 to $5,670. Including the annual fees for the premium features and WCAG Annual Update, the new Annual License and Maintenance Fee amounts to $19,120.
Effect of Amendment: All other terms and conditions of the Agreement remain unchanged and in full force and effect.
Signatures
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date shown below.
Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Menifee Mayor and City Council
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July 20, 2026
EFFECTIVE DATE: August 12, 2026
enCodePlus, LLC City of Menifee
Signature Signature
Bret C. Keast
Printed Name Printed Name
President
Title Title
July 20, 2026
Date Date
Attest:
_________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_________________________
Jeffrey T Melching, City Attorney
Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 4
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August 19, 2026
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 6
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 9
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 10
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
Item Page Number: 11
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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Item Title: 10.17
Agreement Amendment with EnCodePlus, LLC for the Standard90° EnCodePlus Software
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CITY OF MENIFEE
SUBJECT: Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services
MEETING DATE: August 19, 2026
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: David Gutierrez, Police Chief
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendments No. 1 to the Professional Services Agreements with the Perris Union High School District and Romoland Unified School District, adjusting the School Resource Officers (SRO) schedules.
DISCUSSION
The City currently provides School Resource Officer (SRO) services to both the Perris Union High School District and the Romoland Unified School District pursuant to Memoranda of Understandings (MOUs) previously approved by the City Council. The MOU with the Perris Union High School District was originally approved on May 4, 2022, and the MOU with the Romoland Unified School District was originally approved on June 21, 2023.
The proposed amendments would modify the work schedules of the assigned School Resource Officers from the current 5/8 schedule (five eight-hour workdays per week) to a 9/80 schedule.
Under the proposed schedule, each SRO would work eight nine-hour days and one eight-hour day over a two-week pay period, with one regularly scheduled day off every other week.
The proposed scheduling modification is intended to improve operational efficiency and maintain continuity of SRO services across both school districts. By aligning both SROs on the same 9/80 schedule with alternating days off, each officer will be available to provide coverage at the other officer's assigned school when needed. This approach would enhance service continuity, minimize disruptions resulting from regularly scheduled days off, and provide greater flexibility in responding to school-related incidents, safety concerns, and community engagement activities.
Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 1
Menifee Mayor and City Council
August 19, 2026
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City of Menifee Staff Report
SRO Shift Changes
August 19, 2026
3 4
7 4
The proposed schedule change does not alter the scope of services provided under the existing MOUs and does not increase the City's contractual obligations with either school district. Instead, it enhances the City's ability to efficiently deploy existing personnel while maintaining consistent law enforcement presence and support for students, staff, and school administrators.
There is no fiscal impact or change to the contract terms associated with the proposed amendment, as the schedule modification will be implemented using existing personnel and budgeted resources.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Perris Union High School District Amendment No. 1
2. Perris Union High School District Executed Agreement
3. Romoland Unified School District Amendment No. 1
4. Romoland Unified School District Executed Agreement
Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 2
Menifee Mayor and City Council
August 19, 2026
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FIRST ADDENDUM TO THE AGREEMENT BETWEEN THE
CITY OF MENIFEE AND THE PERRIS UNION HIGH SCHOOL
DISTRICT TO PARTICIPATE IN THE SCHOOL RESOURCE
OFFICER PROGRAM FOR THE 2022-23 THROUGH 2026-27
SCHOOL YEARS
This First Addendum ("Addendum") to the Agreement Between the City of Menifee and the Perris Union High School District to Participate in the School Resource Officer Program for the 2022-23 through 2026-27 School Years ("Agreement"), effective July 1, 2022, is entered into by and between the City of Menifee, a General Law City ("CITY"), and the Perris Union High School District, a public school district ("DISTRICT"). CITY and DISTRICT may be referred to individually as a "Party" and collectively as the "Parties." A. RECITALS
WHEREAS, the Parties entered into the Agreement to provide School Resource Officer ("SRO") services to the DISTRICT; and
WHEREAS, the Parties desire to modify the work schedule of the assigned School Resource Officers to better align with the operational needs of the Menifee Police Department while maintaining continuous law enforcement services to the DISTRICT; and WHEREAS, the Parties acknowledge that the Menifee Police Department assigns two (2) full- time School Resource Officers under this Agreement, one assigned to Heritage High School and one assigned to Paloma Valley High School; and
WHEREAS, the Parties desire to ensure continuity of services by providing for coverage between the assigned School Resource Officers during regularly scheduled days off.
NOW, THEREFORE, the Parties agree as follows:
1. Modification of Section B.2.b – Scope of Work
Section B.2.b of the Agreement is hereby deleted in its entirety and replaced with the following:
b. CITY agrees to assign two (2) full-time School Resource Officers to provide SERVICES under this Agreement at Heritage High School and Paloma Valley High School. Each assigned School Resource Officer shall work a 9/80 work schedule during the academic year. The SROs shall generally work during student instructional days and normal school operating hours in accordance with the DISTRICT's adopted academic calendar, commencing on the first day of student instruction and continuing through the final scheduled instructional day of each academic year.
Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 3
Menifee Mayor and City Council
August 19, 2026
Page
491 of 1366
2. Coverage During Scheduled Days Off
The following subsection shall be added immediately following Section B.2.f, with subsequent subsections renumbered accordingly:
g. Coverage During Scheduled Days Off.
In order to maintain continuity of School Resource Officer services, the Parties agree that when one assigned School Resource Officer is on a regularly scheduled day off associated with the approved 9/80 work schedule, the School Resource Officer assigned to the other Perris Union High School District campus may provide coverage for both school sites as operationally feasible and as needed.
The Parties acknowledge that such coverage is intended to provide continued law enforcement support and visibility within the DISTRICT while recognizing that emergency calls for service, investigations, training, court appearances, staffing levels, and other operational demands may affect the availability of the covering SRO. Nothing in this Addendum shall be construed as requiring continuous physical presence at both campuses simultaneously or limiting the CITY's authority to deploy personnel as necessary to address public safety needs.
3. No Additional Compensation
The following verbiage shall be added to Section 4. COMPENSATION:
Coverage provided by one assigned School Resource Officer for another assigned School Resource Officer during a regularly scheduled day off shall be considered part of the SERVICES provided under this Agreement and shall not constitute ADDITIONAL SERVICES requiring separate approval or compensation by the DISTRICT.
4. Effect of Addendum
Except as expressly modified herein, all terms, conditions, obligations, and provisions of the Agreement shall remain unchanged and in full force and effect.
In the event of any conflict between this Addendum and the original Agreement, the provisions of this Addendum shall govern.
This Addendum shall become effective upon execution by both Parties and shall remain in effect for the remainder of the Agreement unless modified in writing by mutual agreement of the Parties.
Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 4
Menifee Mayor and City Council
August 19, 2026
Page
492 of 1366
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF MENIFEE
A General Law City
Dated: ________________________ By: _______________________ Armando G. Villa
City Manager
Dated: ________________________ By: _______________________ Jeffrey T. Melching
City Attorney
Dated: ________________________ By: _______________________ Stephanie Roseen
City Clerk
PERRIS UNION HIGH SCHOOL DISTRICT
Dated: ________________________ By: _________________________ Name:
Title:
Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 5
Menifee Mayor and City Council
August 19, 2026
Page
493 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years
AGREEMENT BETWEEN THE CITY OF MENIFEE
AND THE PERRIS UNION HIGH SCHOOL DISTRICT
TO PARTICIPATE IN THE SCHOOL RESOURCE OFFICER
PROGRAM FOR THE 2022-23 TO 2026-27 SCHOOL YEARS
This Agreement Between The City of Menifee And Perris Union High School District To Participate In The School Resource Officer Program For The 2022/23 - 2026/27 School Years (“Agreement”) is made and entered on July 1, 2022, between the City of Menifee, a Gener al law city, located at 29844 Haun Rd, Menifee, California, 92586, hereinafter referred to as "CITY," and the Perris Union High School District, 155 E. 4 th Street, Perris, CA 92570, a public entity, hereinafter referred to as "DISTRICT" (individually referred to as “Party” and collectively “Parties”).
A. Recitals.
WHEREAS, CITY and DISTRICT have identified a need to provide additional law enforcement among DISTRICT’s school sites; and
WHEREAS, CITY and DISTRICT share common goals that include the provision of programs within DISTRICT’S jurisdiction that address the needs of students at risk; and WHEREAS, CITY and DISTRICT desire to work cooperatively toward these goals by entering into this Agreement to place Menifee Police Officers as School Resource Officers on DISTRICT campuses, as needed, to work in partnership with DISTRICT to provide a safe environment for learning that encourages the development of social responsibilities among the students, and to be a visual deterrent to aberrant behav ior and thereby enhance DISTRICT’s campus control and student protection
B. Agreement
NOW, THEREFORE, the parties hereto agree as follows:
1. TERM. This Agreement shall be effective from July 1, 2022, through June 30, 2027, unless sooner terminated pursuant to the Section B.6 of this Agreement (the “Term”).
2. SCOPE OF WORK.
a. CITY agrees to provide two (2) Police Officers to serve as School Resource Officers; hereinafter called “SROs”, for its participation in the School Resource Officer Program related to the provision of SERVICES to DISTRICT. SERVICES under this Agreement shall mean activities such as working with DISTRICT administration to investigate and resolve campus incidents, providing class presentations on relevant law enforcement issues, patrol of the high school, counseling of students and their parents, serving as a liaison at elementary and middle school sites, attending School Attendance Review Board (SARB) meetings, working with the Probation Department and other law enforcement official, and such other tasks mutually agreed upon by DISTRICT and CITY DocuSign Envelope ID: 237D88C0-FFD5-465D-9BCE-29BF43CB77F9 Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 6
Menifee Mayor and City Council
August 19, 2026
Page
494 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years
provided that the School Resource Officer (“SRO”) shall not be required to perform such tasks or activities beyond the authority vested by applicable law (collectively the “SERVICES”).
b. CITY agrees to assign two (2) full-time SROs to provide SERVICES under this Agreement at Heritage High School and Paloma Valley High School. SERVICES shall be provided by CITY to DISTRICT as follows: The SROs will work a 5/8 work schedule or adjusted with agreement from DISTRICT, generally Monday through Friday, during student instructional days in accordance with adopted and published attendance calendar for each academic year and commencing the first day of student instruction through the last day of scheduled student instruction days.
c. Prior to the commencement of this Agreement, CITY agrees to provide two (2) full-time SRO's in April 2022, or as soon as reasonably possible, to complete the 2021- 22 academic year. The cost of any SRO services delivered prior to July 1, 2022 shall be born by the CITY and there shall be no cost to the DISTRICT for services prior t o the commencement date of the Agreement. However, the parties agree to extend the indemnification protections set forth in section 8 of this agreement to any SRO services provided to the District by the CITY prior to the commencement date of this Agreement.
d. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by SROs in accordance with DISTRICT holidays during contract period. The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY.
e. Training for SRO’s will be reserved for non-student days as best as possible.
If absences of an SRO exceed one working week for any reason, another qualified officer will be assigned to the campus allowing for continued services until the SRO returns.
f. CITY agrees to make available ADDITIONAL SERVICES for evening events such as PTA meetings, Back -to-School nights, Open Houses, sporting events, dances, or other school-sponsored events, which fall outside of identified student instructional days and/or outside of the hours set forth under Section B.2.b of this Agreement (collectively “ADDITIONAL SERVICES”). DISTRICT agrees to provide additional compensation to CITY at a rate equal to one and one-half (1 ½) times the rate of pay of the SRO(s) established by CITY, for actual hours worked outside of the hours set forth under Section B.2.b or on days that are not designated student instructional days. In addition, CITY reserves the right to replace or supplement SROs for ADDITIONAL SERVICES with non-SRO Police Officers. ADDITIONAL SERVICES shall be approved by DISTRICT, in advance, invoiced together with normal invoicing for the applicable period in accordance with Section B.4 of this Agreement. Any services provided to the District prior to the effective date are not considered ADDITIONAL SERVICES.
3. SRO ASSIGNMENT. The SRO(s) assigned to DISTRICT under this Agreement shall be selected by CITY, with collaboration of DISTRICT and shall work under the supervision of the Police Department Operations Captain. At all times during the Term of this Agreement, the assigned SRO shall adhere to and obey all DISTRICT rules and DocuSign Envelope ID: 237D88C0-FFD5-465D-9BCE-29BF43CB77F9 Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 7
Menifee Mayor and City Council
August 19, 2026
Page
495 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years
regulations pertaining to the DISTRICT’S operations of its school, unless otherwise authorized by DISTRICT, or unless such compliance is not practicable due to exigent circumstances. CITY shall retain and have full authority to act and discharge its law enforcement duties pursuant to the policies and practices of the Menifee Police Department.
a. CITY shall retain the full responsibility and authority to direct and control the employment activities of the SRO(s) and supervise and discipline SRO(s) in accordance with the collective bargaining agreement between the CITY and the Menifee Police Officer’s Association MOU then in effect. In addition, CITY shall retain the right to approve requests for sick leave, vacation, or other absences relating to an assigned SRO.
4. COMPENSATION. DISTRICT shall pay CITY an amount not to exceed one hundred seventy thousand twenty -eight dollars ($170,028) which amount includes all expenses such as mileage, parking, transportation, lodging, meals, equipment, and materials for the services of fifty percent (50%) of two (2) full -time SROs who will serve DISTRICT for the 2022-2023 academic year. Each successive year of service will include increases in cost of the SRO not to exceed actual cost or 5% in any one Fiscal Year. CITY shall invoice DISTRICT and detail applicable SERVICES or ADDITIONAL SERVICES, if applicable, on a quarterly basis and payment of each approved invoice shall be made by DISTRICT within thirty (30) calendar days.
5. PROVISION OF MATERIALS . DISTRICT will prepare and furnish to CITY upon request such information and educational materials as is reasonably necessary for the performance of SERVICES by CITY hereunder. DISTRICT shall provide appropriate workspace on each campus for each SRO, and CITY will provide all law enforcement related materials and equipment.
6. TERMINATION OF AGREEMENT. Either Party may at any time, and for any reason, request a review or revision of this Agreement or terminate the Agreement upon the following conditions: Either Party may terminate this Agreement by providing ninety (90) days written notice to the other Party. DISTRICT shall provide written notice of non- renewal at least ninety (90) days before the beginning of the next fiscal year, to wit, July 1st. The PARTY designees must meet no later than January 31, 2026, to discuss renewal of services. Notices shall be given in accordance with Section B.11. The DISTRICT shall compensate the CITY for SERVICES and ADDITIONAL SERVICES rendered under this Agreement up to the date of termination.
7. INDEPENDENT CONTRACTOR STATUS. In the performance of this Agreement, CITY and its employees shall act as an independent contractor and not as employees of DISTRICT. Nothing herein shall be construed or deemed to create the relationship of employee/employer or principal/agent as between DISTRICT and CITY.
The directions issued by DISTRICT to CITY only relate to the objectives to be achieved and not the actual means to accomplish such objectives. CITY shall assume responsibility for federal and state income tax withholdings for all CITY employees, including but not limited to Federal Income Taxes, State Income Tax, Federal Insurance Contribution Act, DocuSign Envelope ID: 237D88C0-FFD5-465D-9BCE-29BF43CB77F9 Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 8
Menifee Mayor and City Council
August 19, 2026
Page
496 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years
State Unemployment Insurance, and State Disability Insurance, and any other deductions of income that CITY is required to make as the employer of the SRO(s).
8. INDEMNITY.
a. To the fullest extent permitted by law, each Party shall defend, indemnify and hold the other Party, its elected officials, officers, employees, agents and volunteers (“Indemnitees”) harmless with respect to any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, reasonable attorneys’ fees incurred by the Indemnitees, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, to the extent caused by or in any way attributable, actually, allegedly or impliedly, to the negligent acts or omissions or willful misconduct of any of the indemnifying Party's employees, volunteers, or associates during arising from or relating to the indemnifying Party’s performance of its obligations under this Agreement. All obligations under this provision are to be paid by the other Party as they are incurred. Nothing herein shall be interpreted as obligating either Party to indemnify the other Party against the Indemnitees’ negligence or willful conduct.
9. INSURANCE. CITY, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all the following minimum insurance requirements. All or a portion of the required insurance may be satisfied through the use of a self-insurance program or pooled insurance, if any. CITY must provide an affidavit of self-insurance, or pooled insurance if any.
a. Comprehensive General Liability . A policy with a minimum limit of not less than $2,000,000 combined single limit per occurrence for bodily injury and property damage, providing at least all of the following minimum coverages:
1) Premises Operations
2) Blanket Contractual
3) Personal Injury
b. Workers' Compensation and Employers' Liability . A policy written in accordance with the laws of the State of California and providing coverage for any and all employees of CITY.
1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.
2) This policy shall also provide coverage of $100,000 Employers' Liability (Coverage B).
c. Comprehensive Business Auto. A policy with a minimum of not less than $2,000,000 combined single limit per occurrence for bodily injury and property damage.
Coverage shall be applicable (without deductibles) to any and all CITY leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated wi th this Agreement.
d. Required Endorsements . The policies required to be maintained by this Agreement must contain, or be endorsed to contain, the following provisions:
DocuSign Envelope ID: 237D88C0-FFD5-465D-9BCE-29BF43CB77F9 Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 9
Menifee Mayor and City Council
August 19, 2026
Page
497 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years
1) DISTRICT, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of DISTRICT officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of CITY; products and completed operations of CITY; premises owned, occupied or used by CITY; or automobiles owned, leased, hired or borrowed by CITY. The coverage shall contain no limitations on the scope of protection afforded to DISTRICT or CITY, their respective officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of DISTRICT or CITY officials which are not also limitations applicable to the named insured. 2) CITY’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.
3) Each insurance policy required by this Section shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days’ prior written notice by first class mail has been given to DISTRICT, or 10 days’ prior written notice by express overnight mail if cancellation is due to nonpayment of premiums.
4) Each insurance policy required by this Section shall expressly waive the insurer’s right of subrogation against DISTRICT, their respective officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of DISTRICT officials.
10. COMPLIANCE WITH LAWS . CITY and DISTRICT shall comply with all applicable Federal, State, and local laws, rules, regulations, emergency orders, and ordinances while performing pursuant to this Agreement.
11. NOTICES. Any written notices required during the administration of this Agreement, including notice of termination or cancellation, shall be addressed to respective Party as follows:
If to DISTRICT: Perris Union High School District
155 E. 4th Street
Perris, CA 92570
Attn: Superintendent
If to CITY: City of Menifee
29844 Haun Rd
Menifee, California 92586
Attn: City Manager
Any notice required or permitted by this Agreement shall be in writing and will be effective when personally delivered on a business day of the receiving party, or three (3) days after deposit in the U.S. Mail, first-class, postage prepaid.
12. STATEMENT OF INTENT AND RULES OF CONSTRUCTION. By entering into this Agreement, the Parties intend not to violate or cause a violation of the terms of DocuSign Envelope ID: 237D88C0-FFD5-465D-9BCE-29BF43CB77F9 Item Title: 10.18
Agreement Amendments with the Perris Union High School District and Romoland Unified School District for School Resource Officer Services Item Page Number: 10
Menifee Mayor and City Council
August 19, 2026
Page
498 of 1366
SRO Agreement City of Menifee
Perris Union High School District
2022-23 to 2026-27 School Years