3 4
0 0
bid must be received within 24 hours of the electronic submittal deadline. Those listed as ‘Non- Responsive’ in Table 1 failed to meet that deadline.
TABLE 1 – BID RESULTS SUMMARY
Staff reviewed the lowest responsive bidder submission and determined that Alfaro Communications Construction Inc. (Contractor) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $498,590.10. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance, materials testing, and survey monumentation would be procured separately.
The total estimated construction cost for the Project is $717,823.10, which includes the previously purchased traffic signal equipment, construction services agreement, and the ancillary services mentioned above, as well as any unforeseen costs that may arise during construction.
If approved by the City Council, the tentative Project schedule would be as follows:
Projected Construction Start:
September 2026
Projected Construction End: November 2026
City Council Acceptance: December 2026
The timeline above assumes no delays due to weather or unforeseen conditions.
Firm Name Total Base Bid
Amount
Lowest and
Responsible
Bidder
Architects/Engineer’s Estimate $515,000.00
All American Building Services (Non-Responsive) $445,960.00 D’Ybanag Construction Company (Non-Responsive) $478,934.00 Alfaro Communications Construction, Inc. $498,590.10 X
High – Light Electric Inc. (Non-Responsive) $508,888.00 Roma Engineering & Construction, Inc. (Non-Responsive) $509,142.00 Calpromax Engineering (Non-Responsive) $512,960.00
Elecnor Belco Electric, Inc. $525,873.00
International Line Builders, Inc. (Non-Responsive) $562,722.00 Crosstown Electrical & Data, Inc. (Non-Responsive) $568,999.00 PTM General Engineering Services, Inc. $569,069.00
Elegant Construction Inc. (Non-Responsive) $579,692.00
Vido Samarzich, Inc. (Non-Responsive) $583,280.00
Select Electric, Inc. (Non-Responsive) $588,999.00
DBX, Inc. (Non-Responsive) $637,772.00
California Professional Engineering, Inc. $720,832.60
Servitek Electric Inc. (Non-Responsive) $776,319.00
City of Menifee Staff Report
CIP 23-09 Alfaro Communications Construction Agreement
September 16, 2026
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0 0
Environmental Impact
The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301, Existing Facilities.
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a Project that would be exempt under this section: (c) [minor alterations to Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City right- of-way (ROW). No additional automobile lanes will be created by the Project. The proposed Project is the minor alteration of an existing public facility (City Street) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.
Approval of the proposed Contract Services Agreement would allow the Project to proceed into the construction phase, further supporting the City’s Strategic Plan goals of enhancing vehicle and pedestrian safety and improving accessibility within the Project area.
The amount of the proposed Agreement with the Contractor exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed Agreement with the Contractor is in the total amount not-to- exceed $498,590.10. The total anticipated fiscal impact for the construction phase of the Project is $717,823.10, which includes the cost of the equipment, the Agreement, ancillary services such as materials testing, labor compliance, and survey monumentation, as well as unforeseen costs that may arise during construction. Funding for the proposed Agreement is available in the approved Fiscal Year 2026/2027 Budget within the Capital Projects Fund funded by the Quality of Life (Measure DD) Fund (4320-55-PWD-CIPS-901-01105-690050) and the DIF Citywide – Fire Facilities Fund (4320-55-PWD-CIPS-901-02521-690050), as shown in Table 2 on the following page.
City of Menifee Staff Report
CIP 23-09 Alfaro Communications Construction Agreement
September 16, 2026
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0 0
TABLE 2 –CAPITAL PROJECTS BUDGET
Funding Project String No. Available
Budget
Anticipated
Cost
Quality of Life (4320-PWD-CIPS-901-01105-690000)
CIP23-09.1105.CON.CAE $259,056.49 $259,056.49
DIF Citywide
Fire Facilities
(4320-PWD-CIPS-901-2521-690000)
CIP23-09.2521.CON.CAE $261,871.00 $239,533.61
TOTAL $520,927.49 $498,590.10
A budget transfer of $69,022 from project savings previously approved for capital project use, and funded by Quality of Life Fund 1105, would be processed to support a portion of the ancillary services required for the Project’s construction phase.
ATTACHMENTS
1. Project Location Map
2. Agreement
2671/031858-0001
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CITY OF MENIFEE
CONTRACT SERVICES AGREEMENT
CIP 23-09 MENIFEE ROAD/FIRE STATION NO. 76 ENTRANCE TRAFFIC SIGNAL
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 ALFARO COMMUNICATIONS CONSTRUCTION INC., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this 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 September 16, 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 2671/031858-0001
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facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently , and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials, parts, and equipment furnished by the Contractor in the performance of the Services shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions . For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator. b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipme nt 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 sol e cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and 2671/031858-0001
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replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole respon sibility 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 t he replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier , hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance . The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel . Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator.
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1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Par ties 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 disc over 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. 2671/031858-0001
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1.10 Special Provisions. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Provisions” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed FOUR
HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRED NINETY DOLLARS AND TEN CENTS ($498,590.10) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section
8.4 herein. In the event of a conflict between this Agreement and Exhibit B, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i ) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Such invoices shall be submitted to City no later than the fifteenth (15 th) of each
month for all such amounts for the prior calendar month. Contractor’s final invoice shall be submitted to City no later than thirty (30) days following City’s written acceptance of the completed Services pursuant to Section 1.2. Where requested by City in writing, the invoice shall detail charges for all necessary and actual expenses by the following 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 2671/031858-0001
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performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. Where requested by City in writing, The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B;
f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, how ever, 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 2671/031858-0001
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withheld shall be deposited with City , or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services , the securities shall be returned to Contractor . Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit B.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit B must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor’s final invoice for such Services and reimbursable expenses shall be submitted to City within thirty (30) days of the date of City or Contractor’s notice of termination pursuant to Section 8, as applicable. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver . Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. 2671/031858-0001
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SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment . Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation . Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall 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. 2671/031858-0001
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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 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 pe rson 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 2671/031858-0001
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payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of C overage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
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4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance . Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of C overage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 23- 2671/031858-0001
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09 MENIFEE ROAD/ FIRE STATION NO. 76 ENTRANCE TRAFFIC SIGNAL PROJECT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage . Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage . The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self -Insured Retentions . Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrato r, Contractor may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels w ith a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and re main in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of th e following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges , awards, 2671/031858-0001
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assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agree ment and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services und er this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of Ci ty. 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 compensati on 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, 2671/031858-0001
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rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for review ing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages . Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws , including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code . It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services , including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
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(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(i) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said S ection. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (ii) Pursuant to California Labor Code Section 1810 , it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iii) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (iv) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(v) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub- consultants or subcontractors employed by Contractor in connection with this Agreement.
(vi) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder 2671/031858-0001
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with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreem ent 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 p ayment to Contractor without further acknowledgment of the Parties.
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7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City as liquidated damages the amount set forth in Exhibit B, including the Bid Package or Request for Proposals (usually located in the Special Provisions thereof) referenced therein, if any, or if no amount is set forth therein, the sum of ONE THOUSAND DOLLARS ($1,000.00), fo r each consecutive calendar day in excess of the time specified for completion of the Work . City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may 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 2671/031858-0001
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compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substa ntial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the 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 def ault and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or 2671/031858-0001
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d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data . All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, a nd Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of suc h 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 perpe tual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials . Contractor makes no such representation and w arranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Servic es 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 decr ease 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, testi mony 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 2671/031858-0001
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proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by C ity to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. N o delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration . This Agreement shall be administered by a City employee, Rex Caballero , Assistant Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or designee . It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unl ess 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:
ALFARO COMMUNICATIONS CONSTRUCTION INC.
15614 S. Atlantic Avenue
Compton, CA 90221
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rex Caballero, Assistant Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
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Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail. Either Par ty 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 per sons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure 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. 2671/031858-0001
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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 financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Hugo Alfaro, President
Mayra Martinez, Vice President
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SPECIAL PROVISIONS
INTENTIONALLY OMITTED.
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EXHIBIT B
EXHIBIT B
SCOPE OF SERVICES
Services shall include CIP 23 -09 MENIFEE ROAD/ FIRE STATION NO. 76 ENTRANCE TRAFFIC SIGNAL 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 FOUR
HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRED NINETY DOLLARS AND TEN CENTS ($498,590.10) 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 followi ng termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: NIB 2026-18.
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Dudek for Professional On-Call Inspection Services
MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 to the Master Agreement with Dudek, for on-call contract inspection services, increasing the amount by $75,000, for a total not-to-exceed amount of $150,000 through June 30, 2027.
DISCUSSION
On June 21, 2023, the City Council approved various Master Agreements for professional on-call services with firms previously established on an approved on-call shortlist for Engineering. Dudek is one of the shortlist firms designated to provide on-call contract inspection services for Engineering.
A Master Agreement was initially established with Dudek for a three-year contract term from July 1, 2023, through June 30, 2026, and for a total agreement not-to-exceed amount of $50,000. One prior agreement amendment has been approved by City Council to support continuing demand for inspection services, which extended the contract to June 30, 2027, and increased the contract amount by $25,000, bringing the contract total not-to-exceed amount to $75,000.
Additional support for construction inspection services are required as the City continues to monitor various private and public improvement projects requiring inspectors to remain onsite during critical paving and construction activities. The proposed Amendment No. 2 would increase the Master Agreement by an additional $75,000, bringing the total not-to-exceed contract limit to $150,000. The contract not-to-exceed amount represents compensation authorized for services provided for the full three-year term, which began July 1, 2023, and expires on June 30, 2027. All other terms of the Agreement would remain unchanged, as outlined in Table 1 on the following page.
City of Menifee Staff Report
PW PSA Amendment Dudek
September 16, 2026
3 4
0 4
TABLE 1 – DUDEK MASTER AGREEMENT HISTORY
Agreement Activity Approval Date Summary of Changes Value Original PSA 06/23/2023 Original Agreement
July 1,2023 – June 30, 2026 $50,000
Amendment No. 1 06/03/2026
Contract extension to June
30, 2027, and additional
funding
$25,000
Amendment No. 2 PENDING Additional funding for
inspection services $75,000
Total $150,000
Pursuant to Menifee Municipal Code §3.12.060, and Resolution 25-1569, aggregate amendments or change orders in an amount greater than 10% of the contract amount, and any time extension of a performance deadline that exceeds 120 days, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed Amendment is not-to-exceed $75,000 through the contract term of Fiscal Year (FY) 2026/2027, bringing the total agreement to a not-to-exceed amount of $150,000. Funding for a portion of the proposed amendment is available within the FY 2026/2027 budget, under Professional Services Recoverable for the Public Works Construction Inspection division within the General Fund (1100-PWD-INSP-652825).
It is important to note that hydrological review and inspection services are fully recoverable, as they would be offset by developer fees and deposits collected for the services. City Council previously authorized the Finance Department to issue purchase orders against the Agreement.
Purchase orders for these services would only be issued following confirmation of budget availability and only for amounts within the approved not-to-exceed Agreement compensation amounts. No additional budget appropriation actions would be required for approval of the proposed Amendment.
ATTACHMENTS
1. Amendment No. 2
2. Original Agreement
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(CONSTRUCTION INSPECTION SERVICES)
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(CONSTRUCTION INSPECTION SERVICES)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Master Agreement for Professional On Call Services (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and DUDEK (“Consultant”) for CONSTRUCTION INSPECTION SERVICES, as amended by that certain Amendment No. 1 to the Agreement entered into on June 23, 2026 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2026, to increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.
2.SECTION 3.1, “Not to Exceed Compensation” is amended to increase the maximum not to exceed compensation by Seventy Five Thousand Dollars and Zero Cents ($75,000.00), and is amended to read as follows:
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”).
The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00).
3. The initial paragraph of the original Exhibit A to the Agreement is amended to read as follows:
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00).
4. All other terms and conditions of the Agreement remain in full force and effect.
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(CONSTRUCTION INSPECTION SERVICES)
5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
AMENDMENT NO. 2 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(CONSTRUCTION INSPECTION SERVICES)
CITY OF MENIFEE DUDEK
_______________________________ _______________________________ Armando G. Villa, City Manager Joseph Monaco, President and CEO Attest: ________________________________
Helder Guimaraes, Chief Financial Officer
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
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CITY OF MENIFEE
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
ENGINEERING DEPARTMENT
(CONSTRUCTION INSPECTION SERVICES)
THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this _______ day of ______________, (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and DUDEK a California S Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on - call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).
1.2 No Guaranteed Work . The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.
This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.
1.3 Term. This Agreement shall become effective on July 1, 2025 and shall continue until June 30, 2026, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.
1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.
1.5 Contract Administrator. Kristen Jensen (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.6 Consultant Representative . George Litzinger is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.
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1.7 Notices. Any written notice to Consultant shall be sent to:
DUDEK
Attn: Joe Monaco
605 Third Street
Encinitas, CA 92064
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristen Jensen, Financial Analyst
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.
2.1 Purchase Orders . Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.
2.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its pr ofession and to the reasonable satisfaction of the Contract Administrator.
2.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
2.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
2.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order.
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2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.
2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 3. COMPENSATION.
3.1 Not to Exceed Compensation . Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchas e Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Fifty Thousand Dollars and Zero Cents ($50,000.00).
3.2 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
3.3 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.4 Payment Holds . City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s reasonable satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.
3.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
3.6 Payment Upon Termination . In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. City may condition payment of such compensation upon Consultant deliveri ng to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
SECTION 4. INDEMNIFICATION.
4.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of this Agreement, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statu te, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or su bcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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services under this Agreement. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.
4.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
4.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
4.4 Limitation of Indemnification . The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 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.
4.5 Legal Requirements Related to Indemnification . If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.
SECTION 5. INSURANCE.
5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter -insured suits between City and other insureds.
a. Workers’ Compensation . Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labo r 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 Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the C alifornia Labor Code.
Determination of whether a self -insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program o f 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. b. Commercial General and Automobile Liability Insurance. i) General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, f or 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, includin g death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles. ii) Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
iii) Additional requirements . Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
c. Professional Liability Insurance.
i) General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
ii) Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) yea rs after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be
submitted to City prior to the commencement of the Services under this Agreement.
5.2 Acceptability of Insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
5.3 Continuation of Insurance . Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
5.4 Additional Insured. For the policies outlines in 5.1 (b), City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insuran ce 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 insuran ce or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
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5.5 Subcontractors’ Insurance . Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
5.6 Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self -insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deduct ible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
5.8 Notice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
5.9 Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. The Contractor Administrator may,but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:
Master Agreement for Professional On Call Services.
5.10 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the f ollowing remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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c. Terminate this Agreement.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services and assignment of personnel pur suant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Ag reement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible f or reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include c onstruction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.
Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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to time, or any other similar law; and/or (iii) failure by Consultant or any party performing under this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consul tant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect a t all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or a re necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.4 Conflicts of Interest, Political Reform Act . Consultant represents, warrants , and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3 . In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.
7.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substa ntial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
7.7 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance . All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be rele ased to third parties without prior written consent of both Parties unless required by law.
8.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
8.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges or expenditures and disbursements charged to City for Services under this Agreement, if any for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted a ccounting principles and shall be clearly identified and readily accessible.
8.4 Inspection and Audit of Records . Any records or documents that Section 8.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1 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 th e 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.
9.2 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.
9.3 Severability. If any provision of this Agreement is he ld 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.
9.4 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.
9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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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.
9.6 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.
9.7 Rights and Remedies. The rights and remedies of the P arties 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.
9.8 Integration. This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be c onstrued for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.
9.9 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.
9.10 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 th is Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons 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.
9.11 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of person s on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
9.12 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.
9.13 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.14 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B 2905/031858-0001
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award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from an y officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
9.15 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for any Services performed hereunder.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Joe Monaco, President and CEO
Helder Guimares, CFO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Fifty Thousand Dollars and Zero Cents ($50,000.00).
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19246424.4 a07/24/23 EXHIBIT B.
EXHIBIT B
RATE SCHEDULE
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19246424.4 a07/24/23 EXHIBIT C.
EXHIBIT C
INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several ite ms will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.
If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:
In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:
These details will be required on all future invoices submitted.
PROJECT NAME CIP or TRACT
NO.
IP / IS No. PURCHASE
ORDER NO.
PURCHASE
ORDER VALUE
CURRENT
AMOUNT DUE
PREVIOUS
AMOUNT
BILLED
TOTAL BILLED
TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
Docusign Envelope ID: B56AB0DD-1609-4AE0-8DBB-E870EB8A2E1B
CITY OF MENIFEE
SUBJECT: Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Drainage Easements
MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Katrina Kunkel, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute two quitclaim deeds for drainage easements to Riverside County Flood Control and Water Conservation District for Tract Map (TM) 31392 as a portion of Assessor’s Parcel Number (APN) 358-070-011 located on Newport Road east of Goetz Road; and
2. Approve and authorize the City Manager to execute a quitclaim deed for a storm drain easement to Riverside County Flood Control and Water Conservation District for TM31392 APN 358-560-023 located along Buckstone Lane, Trailblazer Lane and Ponderosa Lane; and
3. Approve and authorize the City Manager to execute a quitclaim deed for a storm drain easement to Riverside County Flood Control and Water Conservation District for TM31393 as a portion of APN 358-540-036 located on Newport Road west of Berea Road; and
4. Approve and authorize the City Manager to execute a quitclaim deed for a drainage easement to Riverside County Flood Control and Water Conservation District for TM31391-4 as a portion of APN 358-070-011 located on Newport Road east of Goetz Road; and
5. Approve and authorize the City Manager to execute a quitclaim deed for a storm drain easement to Riverside County Flood Control and Water Conservation District for TM36485-1 as a portion of APN 358-720-044 located at Goetz Road and Audie Murphy Road South; and
6. Approve and authorize the City Manager to execute an easement deed for unrestricted access to Riverside County Flood Control and Water Conservation District for Parcel Map 32269 APN 358-070-011 located on Newport Road east of Goetz Road; and
7. Approve and authorize the City Manager to execute a non-exclusive easement deed for maintenance and operations of storm drain facilities for flood control and drainage purposes to Riverside County Flood Control and Water Conservation District for TM36485-1 APN 358- 070-011 located on Goetz Road north of Newport Road.
City of Menifee Staff Report
Storm Drain Easements – RCFC
September 16, 2026
3 5
1 0
DISCUSSION
In February 2025, the Riverside County Flood Control and Water Conservation District (District) reached out to the City of Menifee regarding five storm drain easements with facilities that are currently maintained by the District. The dedications on the subdivision maps associated with the drainage easements were made to the public rather than to the District exclusively.
The maps were entitled and recorded under the County of Riverside’s (County) authority, prior to the City’s incorporation. Now that easements to the County have been moved under the City’s jurisdiction, the District no longer has clear rights to the drainage easements. As such, the District has requested that the City proceed with the quitclaim deeds to reconvey these drainage easements to the District, which would allow them to continue maintaining the storm drains.
The District has provided the City with cooperative agreements between the District, the County, and the developer for each project. Upon incorporation, the City assumed responsibility for the County. Included within these agreements is a condition that the right-of-way necessary for the inspection, operation, and maintenance of the storm drain be conveyed to the District. The recommended action for this report satisfies the conditions of these agreements.
The proposed quitclaim documents apply to offers of dedication that were accepted by the County on behalf of the public for drainage purposes. Upon City Council approval, the attached quitclaim deeds and easement deeds would be executed and recorded.
It is important to note that approval of the attached quitclaims and easements would not eliminate or reduce the current City street right-of-way.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with approval of this item. The District would continue to maintain the subject storm drains at their own cost.
ATTACHMENTS
1. Project Location Map
2. Tract Map 31392
3. Tract Map 31393
4. Tract Map 31391-4
5. Tract Map 36485-1
6. Parcel Map 32269
7. Drainage Easement Quitclaim APN 358-070-011
8. Drainage Easement Quitclaim APN 358-070-011
9. Storm Drain Easement Quitclaim APN 358-560-023
10. Storm Drain Easement Quitclaim APN 358-540-036
11. Drainage Easement Quitclaim APN 358-070-011
City of Menifee Staff Report
Storm Drain Easements – RCFC
September 16, 2026
3 5
1 0
12. Storm Drain Easement Quitclaim APN 358-720-044
13. Access Easement Deed APN 358-070-011
14. Maintenance Easement Deed APN 358-070-011
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Map Symbology
Approximate Deed Locations
City of Menifee Boundary
0 1,100 2,200
Feet
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Project Location Maps\Project Location Map ArcPro\Project Location Maps\Project Location Maps.aprx A. Williams GIS Technician
Date: 8/24/2026
¹
Quitclaim and Easement Deed locations
Project Location Map
Riverside County Flood Control (RCFC)
254100
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Portion of APN 358-070-011
Salt Creek-Audie Murphy Storm Drain, Line A
Project No. 4-0-00131
TR 31392
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (‘Grantee”), all right, title and interest in and to that Drainage Easement recorded May 27, 2010 as document 2010-0245998 situated in the City of Menifee, County of Riverside, State of California, described as follows:
Attached hereto is said Drainage Easement, for reference purposes only. Said real property described therein shall hereafter be referenced as RCFC Parcels 4131-500.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt Creek – Audie Murphy storm Drain, Line A Project No. 4-0-00131
TR 31392
Portion of APN 358-070-011
RCFC Parcel No. 4131-500
254104
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Portion of APN 358-070-011
Salt Creek – Audie Murphy Storm Drain, Line E
Project No. 4-0-00135
MS 3909
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (“Grantee”), all right, title and interest in and to that Drainage Easement recorded May 27, 2010 as document 2010-0245990 situated in the City of Menifee, County of Riverside, State of California, described as follows:
Attached hereto is said Drainage Easement, for reference purposes only. Said real property described therein, hereafter referenced as RCFC Parcels 4135-500.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt – Creek Audie Murphy Storm Drain Line E
Project No. 4-0-0013 4
MS 3909
Portion of APN 358-070-011
RCFC Parcel No . 4135 -500
254103
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Portion of APN 358-560-023
Salt Creek-Audie Murphy Storm Drain, Line A
Project No. 4-0-00131
TR 31392
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (“Grantee”), all right, title and interest in and to that Storm Drain Easement situated in the City of Menifee, County of Riverside, State of California, described as follows:
See legal description attached here to as Exhibit A and made a part of, to be referenced hereafter as RCFC Parcel No. 4131-501.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee (SEAL)
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT “A”
LEGAL DESCRIPTION
SALT CREEK – AUDIE MURPHY STORM DRAIN LINE A
Parcel No. 4131-501
Portion of APN: 358-560-023
In the City of Menifee, County of Riverside, State of California, being that portion of Lot E, Buckstone Lane , lying northerly of the centerline and centerline prolongation of Ponderosa Lane, as shown on Tract Map No. 31392, filed in Book 436, Pages 69 through 77, inclusive, of Maps, records of said County.
Containing 28,763 square feet / 0.66 acres, more or less
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt Creek – Audie Murphy Storm Drain, Line A Project No. 4-0-00131
TR 31392
Portion of APN 358-560-023
RCFC Parcel No. 4131-501
254107
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
APN 358-540-036
Salt Creek-Audie Murphy Storm Drain,
Line J, Stage 1
Project No. 4-0-00291
TR 31393
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, “(Grantee”), all right, title and interest in and to that Storm Drain Easement situated in the City of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit A and made a part of, to be referenced hereafter as RCFC Parcel No. 4291-501.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK – AUDIE MURPHY
STORM DRAIN, LINE J, STAGE 1
Parcel No. 4291-501
APN: 358-540-036
In the City of Menifee, County of Riverside, State of California, being that certain storm drain easement over Lot 96, Tract Map No. 31393, filed in Book 436, Pages 78 through 83, inclusive, of Maps, records of said County.
Containing 1,074.2 sf / 0.02 acres, more or less
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt Creek – Audie Murphy Storm Drain, Line J, Stage 1 Project No. 4-0-00291
TR 3139 3
Portion of APN 358-540-036
RCFC Parcel No. 4291-501
254102
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Salt Creek Audie Murphy Ranch Channel
Project No. 4-0-00292
TR 31391-4
Portion of APN 358-070-011
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (“Grantee”), all right, title and interest in and to that Drainage Easement recorded May 27, 2010 as document 2010-0245985 situated in the City of Menifee, County of Riverside, State of California, described as follows:
Attached hereto is said Drainage Easement, for reference purposes only. Said real property described therein shall hereafter be referenced as RCFC Parcel No. 4292-505.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor ") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt Creek – Audie Murphy Ranch Channel
Project No. 4-0-00292
TR 31391 -4
Portion of APN 358-070-011
RCFC Parcel No. 4292-505
260025
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Portion of APN 358-720-044
Salt Creek – Audie Murphy Storm Drain, Line N
Project No. 4-0-00297
TR 36485-1
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , (“Grantor”), does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (“Grantee”), all right, title and interest in and to that Storm Drain Easement situated in the City of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit A and made a part of , hereafter referenced as RCFC Parcel No. 4297-501.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
RIVERSIDE COTINTY FLOOD CONTROL A}'.[D
WATER CONSERVATION DISTRICT
EXHIBIT ''A''
LEGAL DESCRIPTION
SALT CREEK AUDIE MURPIIY STORM DRAINO LINE N
Parcel No. 4297-501
APN:358-720-044
In the City of Menifee, County of Riverside, State of California, being that certain storm drain easement lying within Lot73, Tract Map No. 36485-1, filed in Book 451, Pages 81 through 86, inclusive, of Maps, records of said County.
Containing 1,167 sf / 0.03 acres, more or less
/-*^O/%
DENNIS ODENBAIYGH
DATE: -f ^6'fuz f
No. 9486
3 ALLA
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor "), to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Project: Salt Creek – Audie Murph y Storm Drain, Line N Project No. 4-0-00297
TR 36485 -1
Portion of APN 358-720-044
RCFC Parcel No. 4297-501
260028
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501-1770
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER’S USE
The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
APN: 358-070-011
Salt Creek Channel
Project No. 4-0-00110
PM 32269
EASEMENT DEED
The CITY OF MENIFEE, a municipal corporation, ("Grantor"), hereby grants in perpetuity to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, ("Grantee"), and its officers, agents, representatives, employees, successors and assigns a non-exclusive easement for unrestricted access to Salt Creek Channel, including ingress and egress thereto, over, upon and across that certain real property situated in the City of Menifee, County of Riverside, State of California, as described in Exhibit “A” and shown in Exhibit “B”, attached hereto and made a part hereof, to be referenced hereafter as RCFC Parcel 4110-501B.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
260028
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Easement Deed, dated _______ __________ from the CITY OF MENIFEE, ("Grantor") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Salt Creek Channel
Project No. 4-0-00110
PM 32269
Portion of APN 358-070-011
RCFC Parcel 4110-501B
260026
Recorded at request of, and return to:
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501-1770
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s)
DTT: - 0 -THE CONVEYANCE IS TO A
GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922
Portion of APN: 358-070-011
Salt Creek – Audie Murphy Storm Drain, Line N
Project No. 4-0-00297
TR 36485-1
EASEMENT DEED
CITY OF MENIFEE, a California Municipal Corporation , ("Grantor"), hereby grants in perpetuity to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, ("Grantee"), and its officers, agents, representatives, employees, successors and assigns a non-exclusive easement for use, repair, reconstruct, remove, inspect, operate and maintain storm drain facilities and all appurtenant works, for flood control and drainage purposes under and across that certain real property, including ingress and egress thereto, situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and shown Exhibit "B" and made a part hereof, to be referenced hereafter as RCFC Parcel 4297-500.
The Grantee, and its contractors, agents and employees, shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantors, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA, City Manager
ATTEST:
STEPHANIE ROSEEN
By:
City Clerk, City of Menifee
260026
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Easement Deed, dated _______ __________ from the CITY OF MENIFEE , ("Grantor") , to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION , ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By: __________________________
JASON E. UHLEY
General Manager -Chief Engineer
Salt Creek – Audie Murphy Storm Drain, Line N
Project No. 4-0-00297
TR 36485-1
Portion of APN 358-070-011
RCFC Parcel No. 4297-500
CITY OF MENIFEE
SUBJECT: Agreement and Bonds for Tract Map 31456, Ladera by KB Home Cal Management Services, LLC
MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Jorge Aguilar, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement and bonds to guarantee the completion of the required public landscape improvements for Tract Map 31456, associated with Ladera, located south of McCall Boulevard and west of Valley Boulevard.
DISCUSSION
Tract Map 31456, also known as Ladera (Project), is a proposed development for a residential subdivision of 161.34 gross acres into 192 lots for residential use. The Project is located south of McCall Boulevard and west of Valley Boulevard.
KB Home Cal Management Services, LLC (Developer), a Delaware Limited Liability Company, is now requesting approval of the Subdivision Improvement Agreement (Agreement) as required by the project’s conditions of approval. The Agreement requires that the improvement securities are posted to guarantee the completion of the required improvements within 24-months from the City Council approval date of the agreements.
Staff has reviewed the developer’s request and determined that the Agreement meets the requirements of the project’s conditions. A summary of the securities being posted to guarantee the required landscape improvements is shown in Table 1 below.
TABLE 1- TM31456, LADERA TRACT MAP, IP24-055L, OFFSITE IMPROVEMENTS Improvement Security Faithful Performance Labor & Materials Landscape 3003931 $ 650,000.00 $ 650,000.00
Total $650,000.00 $650,000.00
City of Menifee Staff Report
Ladera – Subdivision Improvement Agreement
September 16, 2026
3 4
7 2
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of the Agreement and bonds. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017-1, Annexation No. 7, Zone 7.
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond
Ladera
TTM 31456
S u n C i t y B l v d
Carina Ct
Winthrop Ct
C o n n i e W a y
Argo Dr
Cayla Ct
Wespa Dr
Golden
Nugget St
Lyra Ct
Apollo Ct
Aquila Ct
R o a n o k e R d
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Ellison Way
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Pegasus Rd
R o y l e n e D r
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Milky Way
Leah Ln
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Map Symbology
Land Development Project Area
City of Menifee Boundary
0 680 1,360
Feet
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Project Location Maps\Project Location Map ArcPro\Project Location Maps\Project Location Maps.aprx A. Williams GIS Technician
Date: 8/25/2026
¹
TM 31456 - Ladera Tract
Project Location Map
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Civic Center Parking Lot
MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Nick Fidler, Public Works Director
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for the Civic Center Parking Lot, Capital Improvement Project (CIP) No. 22-24, located at the northeast corner of Town Center Drive and City Hall Drive; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Civic Center Parking Lot Project, CIP No. 22-24 (Project), was completed as a City Council priority project that improves accessibility and connectivity to adjacent existing and proposed public facilities, such as the Menifee Courthouse, Central Park Amphitheater, and the future City Hall building. The Project consisted of constructing a permanent parking area to accommodate 191 parking spaces, as well as water quality basins, lighting, walking areas, a passive park, infrastructure for future electric vehicle charging stalls, landscaping, and irrigation. The Project supports the City’s Connectivity and Mobility Strategic Plan Objective of enhancing accessibility and linking the community with sustainable infrastructure to meet the City’s needs.
On December 4, 2024, the City Council approved the construction contract (Contract) with Hillcrest Contracting, Inc (Contractor) in the amount of $3,292,946. One contract change order (CCO) in the credit amount of $267,510.02 was processed in August 2026 and decreased the total not-to-exceed Contract amount to $3,025,436.58, as shown in Table 1 on the following page.
The Project was completed under the overall Project budget amount of $3,848,844, with a final construction cost of $3,422,831.91, and includes CCO No. 1, as well as ancillary costs such as materials testing and labor compliance services.
City of Menifee Staff Report
CIP 22-24 Civic Center Parking Lot NOC
September 16, 2026
3 3
7 1
TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract Activity Approval Date Summary of Changes Amount Original Contract December 4, 2024 Original construction services $3,292,946.60 CCO No. 1 August 14, 2026 Contract Cleanup ($267,510.02) TOTAL $3,025,436.58
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon Project acceptance by the City, and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved CIP budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Closeout Documents
5 2
9 6
6 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
CIVIC CENTER PARKING LOT (CIP 22-24)
Notice is hereby given that work of improvements on the project herein described was accepted as complete on August 14, 2026. The project consisted of constructing a permanent parking area to accommodate 191 parking spaces, as well as water quality basins, lighting, walking areas, a passive park, infrastructure for future electric vehicle charging stalls, landscaping, and irrigation. The project was located at the northeast corner of Town Center Drive and City Hall Drive. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
Hillcrest Contracting, Inc.
1467 Circle City Drive
Corona, CA 91718-1898
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on September 16, 2026, for and on behalf of the City. _____________________________
Stephanie Roseen, City Clerk
_____________________________
Nicolas Fidler, Public Works Director
CITY OF MENIFEE
SUBJECT: Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program for Fiscal Year 2025/2026
MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Edna I. Lebrón, Senior Management Analyst
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution approving the Community Development Block Grant (CDBG) Fiscal Year 2025/2026 Consolidated Annual Performance and Evaluation Report (CAPER); and
2. Authorize staff to submit the CAPER to the Department of Housing and Urban Development (HUD).
DISCUSSION
In Fiscal Year (FY) 2025/2026, the City received $630,907 in CDBG funds from HUD. The CDBG allowed the City to implement several housing and community development programs, primarily targeting low-income households. Projects included housing rehabilitation and public services.
HUD requires recipients of CDBG funds to prepare an annual evaluation of the progress and implementation of programs and activities under their CDBG program. The CAPER has been prepared to assist residents and HUD in evaluating the City's use of CDBG funds to meet the priority needs identified in the City's 2022-2027 Consolidated Plan (adopted by the City Council on May 4, 2022).
Table 1 on the following page summarizes the various projects/activities included within FY 2025/2026, the allocated amounts, the amounts spent, and the number of Low and Moderate Income (LMI) individuals served during the year.
CDBG CAPER FY 2025/2026
September 16, 2026
3 4
5 7
TABLE 1: FY 2025/2026 CDBG & CDBG-CV PROGRAM/ACTIVITIES Activity Allocation
Amount
Amount
Spent
LMI
Served
Administration $103,181 $103,181 N/A
Fair Housing Council of Riverside County $23,000 $23,000 446 Minor Home Rehabilitation Grant Program (MHRGP) $250,090 $114,521 6 Activity Delivery Cost (ADC) - MHRGP $60,000 0 N/A
Boys and Girls Club of Menifee Valley:
Before and After School Scholarship Program
$10,000 $10,000 43
Family Service Association (FSA)
Senior Nutrition Program
$20,000 $20,000 305
Habitat for Humanity:
Brush with Kindness Program
$20,000 $20,000 46
Hospice of the Valley
Senior Hospice Services
$13,500 $13,500 40
Menifee Valley Community Cupboard:
Emergency Food Distribution
$20,636 $20,636 2016
SAFE Family Justice Center:
Services for Abused and Neglected
$10,500 $10,500 207
Kay Ceniceros Roof $100,000 $31,350 N/A
TOTAL $630,907 $366,688 3109
PRIOR YEAR CARRY-OVER ACTIVITIES/FUNDS
Sun City – Various Street Improvements $196,112 $155,000 N/A Minor Home Rehabilitation Grant Program (MHRGP) $85,643 $85,643 5 Activity Delivery Cost - MHRGP $43,289 $33,669 N/A
TOTAL $325,044 $274,312 5
CDBG-CV – REMAINING BALANCE
Homeless Outreach:
Riverside University Health System-Behavioral
Health (RUSH-BH)
$88,038 $88,038 73
TOTAL $88,038 $88,038 73
COMBINED TOTALS OF CDBG & CDBG-CV $1,043,989 $729,038 3187 CDBG CAPER FY 2025/2026
September 16, 2026
3 4
5 7
Sun City Project – Bid was awarded to Copp Contracting. Construction began on August 4, 2025, and was completed on September 16, 2025.
Kay Ceniceros Roof – Bid was awarded to KRGS Roofing. Construction began on February 23, 2026, and was completed on April 7, 2026.
The initial quote for the new roofing material exceeded the threshold permitted for a single bid.
Therefore, CS requested CDBG funds based on the original quote. Following the formal bidding process, the actual project cost was significantly lower than anticipated, resulting in a reduced need for CDBG funds.
CDBG CAPER FY 2025/2026
September 16, 2026
3 4
5 7
MHRGP – During Fiscal Year 2025/26, a total of 47 applications were distributed to senior citizens. Of those, 27 applicants did not respond despite multiple attempts by staff to contact them. The remaining 20 applications were returned for income verification. Of those, 9 applicants were determined to be ineligible or were denied, while the remaining 11 applicants were approved and awarded funding to complete eligible projects.
For Fiscal Year 2026/27, an additional 52 applications have been distributed. To date, 10 applications have been approved, 17 remain under review, and 25 applicants have not yet responded to staff outreach.
In May 2026, the MHRGP waiting list included approximately 175 applicants. Since that time, staff has made a concerted effort to reduce the waiting list and has successfully contacted every applicant currently on the list. Moving forward, available program funds will be disbursed on a first-come, first- served basis as applications are reviewed, approved, and determined eligible for funding.
ADC for MHRGP – With a permanent part-time employee maintaining ongoing contact with applicants, the ADC funds are expected to be utilized at a faster rate.
CDBG regulations require that the public be given a 15-day period to review the CAPER and provide comments prior to approval by the City Council. A public notice announcing the availability of the CAPER was published in the Press Enterprise on August 31, 2026, and copies of the CAPER were made available for public review at City Hall and on the City’s website. The public review period ran from August 31, 2026, through September 15, 2026. Any written comments or questions are responded to in writing by staff and are included in the CAPER when it is submitted to HUD on September 30, 2026.
Upon Council approval, staff would submit the CAPER for the 2025/2026 Annual Action Plan to HUD.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact on the General Fund from participating in the CDBG program. Additionally, as allowed per HUD regulations and listed under the “Planning and Administration” section, a portion of the annual allocation is used to cover staff time spent on administration activities, including preparing the CAPER, related to the City’s CDBG Program. All grant revenue and expenditures are processed in the CDBG Fund 2481.The CAPER is an annual requirement pursuant to 24 CFR 91.520 for participation in the CDBG program.
ATTACHMENTS
1. Resolution
2. FY 2025/2026 CAPER
1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT PLAN FY 2025/2026 AS PART OF THE END-OF-THE-YEAR REQUIREMENT PROVIDED TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE
ENTITLEMENT GRANTEE PROGRAM
WHEREAS, the City of Menifee (City) participates in the Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program; and WHEREAS, the City received CDBG funds in the fiscal year 2025/2026; and WHEREAS, HUD requires the City to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) for the CDBG program within 90 days of the close of the fiscal year; and WHEREAS, the City of Menifee, as required by HUD, duly published notice of, and conducted a public hearing to obtain the views of citizens on the CAPER for fiscal year 2025/2026; and WHEREAS, on September 16, 2026, the City Council of the City of Menifee reviewed the draft CAPER and approved the report, including any comments and responses to the comments that were accepted at the hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California declares as follows:
Section 1.The CAPER for the fiscal year 2025/2026, a copy on file with the City Clerk of Menifee, is approved.
Section 2.Staff is authorized and directed to submit the fiscal year 2025/2026 CAPER to HUD as required.
Section 3.This Resolution shall take effect upon the date of its adoption.
PASSED, APPROVED AND ADOPTED this 16th day of September 2026. __________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
City of Menifee
Community Development Block
Grant Program (CDBG)
Consolidated Annual Performance
and Evaluation Report (CAPER)
Program Year 14: 2025/ 2026
September 16, 2026
Resolution No. 26-
City of Menifee
29844 Haun Road
Menifee, CA 92586
(951) 672 -6777
Table of Contents
CR-05 Goals and Outcomes…………………………………………………..1
CR-10 Racial and Ethnic Composition
of Families Assisted……………………………………………………………6
CR-15 Resources and Investments………………………………………...…7
CR-20 Affordable Housing…………………………………………………..10
CR-25 Homeless and Other
Special Needs….………………...……………………………………………13
CR-30 Public Housing……………………………………………………….16
CR-35 Other Actions………………………………………………………....17
CR-40 Monitoring……………………………………………………….…….23
CR-45 CDBG 91.520(c)……………………………………………………….24
Attachments
IDIS Reports
• PR26 - CDBG Financial Summary Report
• PR26 – CDBG-CV Financial Summary Report
For additional questions please contact: Edna I. Lebrón, Sr. Management Analyst, City of Menifee Email: [email protected] Phone: (951)723-3713.
CAPER 1
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This document represents the City of Menifee’s 2025/2026 Consolidated Annual Performance Evaluation Report (CAPER) related to the City’s Community Development Block Grant Program (CDBG). According to the federal regulations applicable to the CDBG Program, the CAPER is prepared annually to evaluate the City’s overall progress and performance in meeting the priority activities identified within its Consolidated Plan and Annual Action Plan. The CAPER provides the Department of Housing and Urban Development (HUD), the public, and the City an opportunity to review its accomplishments over the most recent program year.
Since 2010, the City of Menifee has continued to experience significant growth year by year, with a population of 117,847 as of January 1, 202 6 (per the California Department of Finance ’s most current statistics), representing an increase of 1.8% more than last year.
Program Year 2025/2026 for the period of July 1, 2025, to June 30, 2026, represents the City’s fourth year of the period addressed within the Consolidated Plan: 2022-2027. Comprehensively, in addition to the specific objectives and goals identified within the Consolidated Plan, during the 2025/2026 Program Year, the City concentrated its efforts on addressing the specific goals/objectives of the 2025/2026 Annual Action Plan.
A total of Three Thousand One Hundred Eighty-Seven (3,187) Low-and Moderate-Income persons were served through various projects/activities during the 2025/2026 Program Year period.
▪ Senior Services: A total of Four Hundred and Two (402) LMI seniors o Eleven (11) households for the Minor Home Rehabilitation Grant Program specifically targeting seniors 62+ and/or disabled persons
o Forty-Six (46) senior and/or disabled homeowners assisted by Habitat for Humanity o Three Hundred and Five (305) seniors received hot meals at the Kay Ceniceros Senior Center
o Forty (40) seniors 62+ were provided with comprehensive hospice services ▪ Youth Services: Forty-Three (43) LMI youth
o Forty-Three (43) youths received before and after-school programs from the Boys & Girls Club of Menifee Valley
▪ Emergency Food Distribution Services: Two Thousand and Sixteen (2016) LMI persons were
CAPER 2
assisted with food baskets
▪ Domestic Violence Services: Two Hundred and Seven (207) LMI persons were assisted within the City of Menifee
▪ Fair Housing Services and/or Tenant Services were provided to Four Hundred and Forty-Six (446) persons within the City of Menifee
▪ Homeless Outreach Services: Seventy-Three (73) LMI persons assisted with housing, mental health, and substance abuse services.
Additional Projects Completed but Not Reflected in the Total LMI Numbers Above ▪ CIP in Sun City: Four Hundred and Twenty-Five (425) LMI residents residing with income eligible Tract No. 427.40 Block Group 2 using sidewalk improvements (ADA ramps) along residential Adams Street – Neighborhood Resurfacing (Ramp Improvements) Project ▪ CIP – Kay Ceniceros Roof: Per Community Services, an average of Thirty-Six Hundred (3,600) seniors utilize the center a month. Although the center is not located within a qualifying census tract, it serves a limited clientele consisting of severely disabled adults and elderly persons, who are generally presumed to be principally low- and moderate-income.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
CAPER 3
Table 1 - Accomplishments – Strategic Plan & Program Year to Date Goal Category 2025/2026
Amount Indicator Unit of
Measure
5-Year Strategic Plan 2025/2026 Program Year 4
Expected Actual Percent
Complete Expected Actual Percent
Complete
Affordable
Housing
Preservation
Affordable
Housing
CDBG:
$250,090
Homeowner
Housing
Rehabilitated
Households 50 27 54% 10 11 110%
Fair Housing
Services
Affordable
Housing
CDBG:
$23,000 Other Households 2500 2200 88% 575 446 78%
Homelessness
Prevention
Services
Homeless CDBG:
$20,636
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 7000
7431
106% 1912 2016 105%
Infrastructure
and Public
Facilities
Improvements
Non-Housing
Community
Development
CDBG:
$100,000
Public Facility
or
Infrastructure
Activities
other than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 6200 1240 20% 425 305 72%
Services for
Low- and
Moderate-
Income
Residents
Public Services CDBG:
$74,000
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit
Persons
Assisted 3280
1517
46% 760 641 84%
Program
Administration Administration
CDBG:
$103,181
Other Other - - - - - -
Activity Deliver
Cost for
Affordable
Housing
Prevention
Program
Administration CDBG:
$60,000 Other Other - - - - - -
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific
CAPER 4
objectives identified in the plan, giving special attention to the highest priority activities identified.
During Program Year 2025/2026, the City of Menifee focused on addressing the following four (4) objectives:
1. Administration (Program implementation and planning activities, including fair housing services)
2. Owner Housing Rehabilitation Objectives
3. Public Facilities Objectives
4. Public Services Objectives
Program Year 2025/2026 is the City’s fourteenth year participating as an entitlement community within the CDBG Program. During the 2025/2026 year, the City has been able to make significant progress in accomplishing various goals.
The City of Menifee ’s primary objective is to use its CDBG funds to provide Low-and Moderate- Income persons with a decent and suitable living environment, including economic opportunities.
Under the four objectives listed above, during 2025/2026, the City was able to accomplish the following:
1. Administration: Delivery/implementation of CDBG-funded services/projects.
a. Fair Housing Services by contract with Fair Housing Council of Riverside County. Four Hundred and Forty-Six (446) persons received fair housing services during the 2025/2026 program year. (Funded: $23,000 Expended: $23,000);
2. Owner Housing Objectives : During 2025/2026, a total of eleven (11) Low-and Moderate- Income households of senior (62+) and/or permanently disabled owner-occupants residing within the City of Menifee received direct assistance through the Minor Home Rehabilitation Grant Program. Assistance was provided for repairs such as water heater replacements, re - roofs, and ADA accessibility improvements. By means of the Minor Home Rehabilitation Grant Program, the City is able to further the objectives of preserving affordable housing stock in good condition, and providing Low-and Moderate -Income seniors and/or permanently disabled persons with a decent, suitable , and more accessible living environment. (Funded: $250,090 Expended: $200,164 prior year $85,643 & current funds $114,521);
3. Public Services: Funding of public services for the 2025/2026 program year was reflected as one of the highest priority needs based on the Community Needs Assessment completed in 2022. As a City with a large senior and young family population, senior and youth services were identified as priorities. The various programs/activities included in the 2025/2026
CAPER 5
program are reflective of this and include:
Youth Services:
a. Boys an d Girls Club of Menifee Valley: Before and After School Programs (Scholarships), which provided scholarships for low-and moderate -income youth residing within the City of Menifee to participate in the various Before and After School recreation programs offered by the local chapter of the Boys and Girls Club. (Funded; $10,000 Expended: $10,000)
Senior Services:
a. Family Service Association (FSA): FSA operated the Senior Nutrition Program at the Kay Ceniceros Senior Center and provides meals Monday through Friday. (Funded:
$20,000 Expended: $20,000)
b. Habitat for Humanity Inland Valley: A Brush with Kindness Program, which provided repairs and maintenance within the City of Menifee . (Funded: $20,000 Expended:
$20,000)
c. Hospice of the Valleys: Senior Assistance Program, which provided comprehensive hospice services for senior residents residing within the City of Menifee (Funded $13,500, Expended: $13,500)
Other Categories:
a. Menifee Valley Community Cupboard: Emergency Food Distribution Program (Homelessness Prevention Services ), which provides emergency food for Low -and Moderate-Income persons and families residing within the City of Menifee. (Funded:
$20,636 Expended: $20,636)
b. SAFE Alternatives for Everyone: Provided services to children, youth, and families who were at risk or who ha d experienced abuse and violence . Funded: $1 0,500 Expended: $10,500)
CARES Act CDBG-CV Funding Summary
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES), Public Law 116- 136, was signed by the President of the United States. This made available $5 billion in Community Development Block Grant Coronavirus (CDBG -CV) funds to respond to the growing effects of the historic COVID-19 public health crisis. The Department of Housing and Urban
CAPER 6
Development (HUD) informed the City of Menifee that CARES Act funding would be allocated to the City based on the existing entitlement formulas for the CDBG program.
CDBG-CV funding was allocated to jurisdictions in three phases. HUD allocated the first and third phases of CDBG -CV funds to the City in the amounts of $307,232 and $404,459, respectively. The second phase was allocated to States and insular areas. During the 2020 program year, the City allocated the CDBG -CV funds to public services projects. Each project was selected to assist in carrying out the City’s C DBG priority need for COVID-19 - Prepare, Prevent , and Respond to Coronavirus.
As of June 2026, all CDBG-CV funds have been fully expended.
▪ CDBG-CV Activity Summaries FY2025/2026:
▪ Homeless Outreach Services: Seventy-Three (73) LMI persons assisted with housing, mental health, and substance abuse services.
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG
White 2448
Black or African American 373
Asian 102
Goal Category Starting
Balance
25/26
Expenditures
Unit of
Measure
Expected
(Cumulative)
Actual
(Cumulative)
Percent
Complete
COVID-19
Prepare, Prevent
and Respond
Rental/Mortgage 0 0 Household
Assisted 28 31 111%
COVID-19
Prepare, Prevent
and Respond
Food Activity 0 0 Persons
Assisted 350 320 91%
COVID-19
Prepare, Prevent
and Respond
Homeless
Outreach $88,038 $88,038 Persons
Assisted 50 73 146%
COVID-19
Prepare, Prevent
and Respond
Computer Lab 0 0 Persons
Assisted 15 20 133%
COVID-19
Prepare, Prevent
and Respond
Boys & Girls Club 0 0 Persons
Assisted 15 24 160%
COVID-19
Prepare, Prevent
and Respond
Planning and
Administration 0 0 - - - -
CAPER 7
American Indian or American Native 22
Native Hawaiian or Other Pacific Islander 15
Total 2960
Hispanic 1474
Not Hispanic 1713
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The above table utilized data automatically populated through the EconPlanning Suite system for CDBG PY2025/2026; however, it did not accurately reflect all the required racial and ethnicity IDIS categories as required in IDIS reporting. The total should be 3,187 which includes the numbers in the table above as well as the following: American Indian/Alaskan Native & White (20), Asian White (3), Black/African American & White (23), American Indian/Alaskan Native & Black/African American (13), Other Multi-Racial (168).
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Federal $1,043.989 $641,000
CDBG-CV Federal $ 88,038 $ 88,038 Table 3 - Resources Made Available
Narrative
During the fiscal year, the City of Meni fee had a total of $1,043,989 in Federal CDBG funding available to fund eligible Housing and Community Development activities in low -and moderate- income areas and to fund local agencies that provide services that assist low- and moderate-income residents throughout the City. The funding consisted of $ 630,907 in new entitlement fun ding through CDBG, $325,044 of prior-year funding, and $88,038 in CDBG-CV funds.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Target Areas 42% 0% New entitlement funds
only Citywide 58% 100%
Table 4 – Identify the geographic distribution and location of investments
CAPER 8
Narrative
Funds expended during 2025/2026 were mainly used connected to Low -and Moderate-Income Clientele (LMC) activities serving Low -and Moderat e-Income persons residing within and throughout the City of Menifee.
CAPER 9
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the ne eds identified in the plan.
The CDBG Program does not require matching funds. Whenever possible, the City will continue to seek other funding opportunities (public and private) to help address the needs of its community and will evaluate potential leverage opportunities to maximize addressing needs in future program years.
CAPER 10
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate- income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 11
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 11
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 10 11
Number of households supported through
Acquisition of Existing Units 0 0
Total 10 11
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
During Program Year 2025/2026, the City was able to complete rehabilitation on eleven (11) projects under its Minor Home Rehabilitation Grant Program (MHRGP), and forty-six (46) through the Habitat for Humanity – Brush with Kindness Program.
The MHRGP program provides assistance to income-eligible owner-occupant seniors (62+) or permanently disabled persons.
CAPER 11
Improvements completed under the program included, but are not limited to, replacements of the water heater(s), re -roofs, ADA grab bar additions, ramps/entrance accessibility improvements, ADA accessible toilet replacements, sub -flooring replacements, non -operating HVAC replacements, etc.
During 2025/2026, a total of forty -seven (47) applications for the Minor Home Rehabilitation Grant Program were distributed. Of these, twenty (20) applications were returned. Eleven (11) applicants met the eligibility requirements and were approved, while the remaining nine (9) applications were denied because the applicants exceeded the established income threshold.
Despite multiple follow-up attempts, no response was received from the other twenty-seven (27) applicants.
With respect to the Brush with Kindness program, Habitat for Humanity provides repairs and maintenance to low-to moderate -income residents. Residents served under the Brush with Kindness Program are senior citizens, veterans, unemployed, working families, and those with physical disabilities.
Examples of types of minor housing projects are those that reduce blight and resolve small repairs and maintenance issues, such as landscaping, exterior painting, fascia, and fence repairs.
Discuss how these outcomes will impact future annual action plans.
The program has been very well received by the senior community and serves as one of the primary housing assistance programs for income-eligible senior residents. The City has worked in the last year to improve efficiencies in the delivery of the program and re-focused on completing the projects in a timely manner. Currently, there is a waiting list of Fifty-One (51) seniors and or permanently disabled persons awaiting help from the MHRGP. Future Consolidated Plans will evaluate the size of the program comprehensively and the feasibility of what can feasibly be completed within a year’s timeframe and make any necessary adjustments if needed.
Include the number of extremely low -income, low -income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 12 0
Low-income 27 0
Moderate-income 18 0
Total 57 0
Table 7 – Number of Households Served
Narrative Information
Collectively, the City’s MHRGP and Habitat for Humanity, provide home repairs and or
CAPER 12
maintenance to twelve (12) extremely low-income, twenty-seven (27) low-income residents, and eighteen (18) moderate-income residents in an effort to keep housing affordable and improve living conditions.
Housing Needs
With respect to affordable housing, the 2022-2027 Consolidated Plan identified property maintenance as warrantable for addressing housing needs in Menifee. As such to address the Minor Home Rehabilitation Grant Program (MHRGP) was included in the 2025/2026 Annual Action Plan projects/activities. The outcome goal for the program is to assist approximately ten (10) LMI household units. Through the Minor Home Rehabilitation Grant Program, the City’s objective is to foster and maintain existing affordable housing stock. “WORST-CASE NEEDS”: Worst-case housing needs are defined as low-income renter households who pay more than half their income for rent, live in seriously substandard housing, or have been involuntarily displaced. The City of Menifee served the worst -case needs in FY 2025/2026 by providing the following:
More than 50% of rent: The Housing Choice Voucher rental assistance Program provided housing payment assistance to those qualifying households who paid more than 50% of their income for housing. CDBG and ESG funds were utilized through various agencies to aid with food and other support services.
Substandard Housing: The Housing Choice Voucher rental assistance program and various residential rehabilitation programs (stated above) ensured that substandard housing met HQS Standards, State Standards , and/or local rehabilitation standards for decent housing.
Additionally, the City participates in the County’s mortgage certificate program.
Involuntarily Displaced: During the reporting period, there was no voluntary or involuntary displacement through the City’s Federal Entitlement Programs.
The City has also identified homelessness as a worst -case need and allocated CDBG funds for Homeless Outreach Prevention Program.
Persons with Disabilities: The City has focused its capital improvement projects on removing barriers to those with disabilities. In the last few years and currently, the City has retrofitted, upgraded, and brought neighborhoods (eligible tract areas) into compliance by adding ADA pedestrian ramps.
CAPER 13
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Due to the federal transition, the Point -in-Time (PIT) Count will now be conducted every other year, per the County of Riverside Office of Homeless Services (OHS) | Housing and Workforce Solutions. As a result, the most recent PIT Count was completed in 2025. On January 22, 2025, the Office of Homeless Services within the Department of Housing and Workforce Solutions (HWS) from Riverside County successfully led the County’s annual Homeless Point-in-Time (PIT) Count, in close collaboration with the Riverside County Continuum of Care (CoC), all 28 cities, the Board of Supervisors, the County Executive Office, and key departments of DPSS, RCIT, RUHS-Behavioral Health, Code Enforcement, Probation, and the Sheriff’s Office.
The 2025 PIT Count identified 2,012 s h e l t e r e d homeless people a n d 1, 9 7 8 u n s h e l t e r e d homeless people f o r a t o t a l o f 3,990 individuals experiencing homelessness in Riverside County. While this represents a 7% increase over the 2023 count (3,725 individuals), the rate of growth is slowing steadily year over year—down from 15% in 2022, to 12% in 2023, and now 7% in 2025. The survey documented about 43 homeless people living in Menifee, a 72% increase from 2023.
To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the Menifee Police Department created the Homeless Liaison Officer (HLO) in April 2022. The HLO and Riverside University Health System -Behavioral Health (RUSH -BH) are trained in working with homeless-related problems and are knowledgeable about local and regional resources. They provide referrals to local service providers to address the homeless person’s needs. Prior to July 1, 2020, when the City of Menifee Police Department was incorporated, the City had a contract with the Riverside County Sheriff's Department.
While the City does not currently have a high homeless population, the Strategic Plan developed as part of the 2022-2027 Consolidated Plan, specifically identified the Elimination of Homelessness as one of its goals. To achieve this goal, the City is a member of the Continuum of Care and will continue to participate in the County of Riverside’s Plan to End Homelessness as a county-wide effort. The County’s plan includes:
• Homeless Prevention
• Discharge Planning
CAPER 14
• Street Outreach
• Shelter Beds
• Transitional Housing
• Permanent Supportive Housing
• Permanent Affordable Housing
• Homeless Management Information System
• Mainstream Resources
• Housing Trust Fund
• Inclusionary Housing Practices
The City has and will continue to support all County efforts as well as collaboration with other jurisdictions and CDBG recipients, in addressing existing homelessness, as well as actions to help homeless persons transition to permanent housing and independent living.
The County of Riverside Department of Public Social Services (DPSS) and Continuum of Care (CoC) continue to focus on expanding the services available to the homeless, including providing additional beds, units, and services. Menifee residents are able to serve through programs such as the Riverside County Emergency Food and Shelter Program.
Addressing the emergency shelter and transitional housing needs of homeless persons In completion of the 2025 Homeless Point-In-Time Count, the Riverside CoC reported 1,277 emergency shelter beds and 292 transitional housing beds in Riverside County. Transitional Housing (TH) covers the cost of housing while providing case management and support services; providing a period of stability to enable homeless households to transition successfully to and maintain permanent housing within 24 months of program entry. To achieve its goal of ending homelessness, the CoC encourages communities to transform transitional housing programs into permanent supportive housing or rapid rehousing. The CoC partners with the Riverside County EDA, which administers ESG funding, to integrate CoC and ESG funding and increase the number of families with children who are assisted through rapid rehousing. In addition, non-McKinney-Vento funding sources, such as the Emergency Food and Shelter Program (EFSP), funded under FEMA, will be matched as a source for rental/mortgage assistance for families that are homeless or at risk of homelessness in the county's strategy to meet this goal.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
CAPER 15
The CoC has adopted and implemented a Housing First and Rapid Rehousing CoC-wide approach to reduce the length of time homeless (LOTH) and has recently increased the number of public/private partners to help implement these approaches. In addition, the CoC is revising the intake process to ensure homeless households are given the appropriate intervention at the time they are admitted into the program to reduce their stay; adjusted CoC and ESG case management procedures to move away from the housing-ready approach to a home-based case management approach; improved HMIS data collection through training; and generate a monthly report for outcome measurement.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The County of Riverside CoC discharge policy is mandated by the State. The Discharge Planning Committee of the CoC is responsible for implementing policies and protocols, and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs , inclusive of housing and supportive services , and to link the individual with community resources that include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to fac ilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The County of Riverside Department of Mental Health collaborates with the Department of Public Social Services and the CoC in the coordination and i mplementation of discharge planning for homeless individuals disabled by serious mental health and/or substance abuse disorders.
Foster Care and Extended Foster Care programs help transition dependent youth who are emancipating from foster care to independent living. The Department of Public Social Services, the City of Menifee Police Department, and the Probation Departments support the CoC's mission of working towards reintegrating persons leaving correctional facilities to community- based living and self-sufficiency.
CAPER 16
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Menifee does not have a Housing Aut hority. Any publicly subsidized housing within the City is provided and managed by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support its efforts.
Currently, the City has three (3) publicly assisted multiple -family projects that offer 226 deed- restricted units affordable to lower-income households. The Vineyards project offers 81 units affordable to lower-income seniors. The Avila apartment has 178 units, of which 36 units are affordable to lower-income family households. The 118 -unit Halter Hillside I and II project provides 110 affordable units to seniors.
Additionally, the County of Riverside’s Housing Choice Voucher (Section 8) program provides rental assistance to very low-income families to help them afford decent and safe rental housing in Menifee. This program is currently administered by the Riverside County Housing Authority.
The Housing Authority accepts applications for rental assistance, selects the applicant for admission, and issues the applicant a rental voucher. The family must then find and lease a unit suitable to the family's needs and desires in the private rental market. The Housing Authority pays the owner a portion of the rent that generally covers the difference between what the tenant can afford (30% of income) and the locally determined fair market rent and payment standard. Because of the limited number of vouchers, there is a waiting list for vouchers.
Currently, there are 170 residents of Menifee provided with the County of Riverside’s Housing Choice Voucher.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
While the City of Menifee does not have a Housing Authority, it actively encourages participation through the various housing programs administered by the Housing Authority of Riverside County and the Riverside County Economic Development. The City will continue to support its efforts.
Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Riverside (HACR) is not a troubled agency and has been HUD rated as either a "High Performer" or a "Standard Performer" in the past few years.
CAPER 17
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) As a main component of the City’s General Plan, the Housing Element (2021 -2029) of the Plan specifically reviews, assesses, and identifies the jurisdiction’s housing stock, any existing barriers/constraints to affordable housing, and actions, plans to mitigate the identified barriers/constraints.
As of December 18, 2013, the City of Menifee’s first General Plan was formally adopted by the City Council. The 6th Cycle Housing Element was adopted on November 16, 2022, and on April 5, 2023, the California Department of Housing and Community Development (HCD) found the City’s 6 th Cycle, 2021-2029 Housing Element in compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The Housing Element incorporates the City’s strategy to eliminate barriers to affordable housing.
The City’s Housing Element includes an analysis of potential and actual market, governmental, and environmental constraints to the production, maintenance, and improvement of housing for persons of all income levels, including persons with disabilities. The adopted Housing Element identifies the following main categories of barriers/constraints in its analysis:
• Market Constraints – development costs, accessibility to financing, fees , and assessments
• Land Use Controls – Conformity with General Plan Land Use • Development Regulations – Development standards, parking standards, building codes and enforcement, subdivision requirements, energy conservation, • Permitting Processes – Plot Plan process, design review process, housing for people with disabilities
In 2015, the City began implementation of the strategies to mitigate the identified constraints/barriers. While some of the identified factors, such as market constraints , are not within the direct control of the City, by including and identifying them in its analysis, the City has a comprehensive perspective and approach to proactively working on increasing accessibility to affordable housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
CAPER 18
The City of Menifee works closely with the County of Riverside to address obstacles related to meeting underserved needs. The County directs services, education, referrals, and public health assistance to Menifee residents through its HIV/AIDS programs, Lead Hazard Control Program, Elderly Services/Office of Aging, Homeless Programs Unit, Substance Abuse Programs, Mental Health Programs, and A nti-Poverty Programs. The City will continue to work closely with the County of Riverside.
Additionally, comprehensively through the public facilities/infrastructure projects and public services program/activities the City seeks to provide direct service and improvements to the underserved populations within Menifee.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) While the City does not currently have a stand-alone lead prevention program, lead-based paint hazard awareness, identification, testing, and, if needed, mitigation are incorporated as part of the Minor Home Rehabilitation Grant Program. Additionally, the City will continue to participate in all lead-based paint hazard prevention programs, such as the Childhood Lead Poisoning Prevention Program administered by the County of Riverside.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City of Menifee continue s its efforts to reduce the number of families and individuals living in poverty. The City focuses primarily on supporting programs that raise household incomes and stabilize housing situations. The City utilize s CDBG to support the continuation and implementation of affordable housing that help homeless persons make the transition to permanent housing and independent living.
Menifee used resources from state, federal , and private sources to provide a number of community-based and direct services aimed directly or indirectly at decreasing the poverty level.
These programs include job enrichment, development, and placement through education and economic development; food pantry programs; and programs designed to prevent and alleviate the devastating impact of domestic violence, which often plunges women and their children into poverty.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) Program Year 2025/2026 is the fourteenth year the City of Menifee has participated in the CDBG Program as an entitlement community. As such, the Consolidated Plan 2022-2027 and 2025/2026 Annual Action Plan were intentionally structured with a simple framework. To enhance, organize good coordination, and overcome gaps in institutional structure, the City
CAPER 19
established formal agreements with all participating sub-recipients and a n internal memorandum of understanding (MOU) specifying the different roles of the sub- recipients/departments.
During the development and preparation for the 2025/2026 Annual Action Plan, various inter- departmental meetings were held to help identify shovel-ready projects/activities that align with the goals and objectives of the 2022-2027 Consolidated Plan.
Within the City of Menifee, the roles of the various departments with respect to the implementation of the 2025/2026 Annual Action Plan are summarized as follows:
Community Development Department: The Community Development Department ( Planning Division) will ensure CDBG compliance with City land use policies and permits, as appropriate and necessary. Additionally, the Community Development Department also coordinates t h e preparation of the Consolidated Plan, Annual Action Plan, and the Consolidated Annual Performance Evaluation Report (CAPER). The Department administers the CDBG housing programs, ensures satisfactory product and service delivery by all public service grantees, and is responsible for meeting all HUD CDBG program regulations.
City Manager’s Office: The City Manager’s Office is responsible for the day- to-day operations of the City, including financial commitments and program staffing. The Office ensures that City services, including CDBG, are performed to the highest standard in accordance with Council goals and policies.
Public Works Department: The Public Works Department is responsible for maintaining and operating all City-owned facilities, including publicly maintained streets, parks, streetl i g h t s , some drainage facilities, and traffic signals. The Department is actively involved in the selection, implementation, and monitoring of CDBG infrastructure and public facilities projects.
Economic Development Department: The Economic Development Department participates in CDBG programs and projects that encourage investment in the community, create jobs, and provide opportunities for residents and businesses.
Community Services Department: The Community Services Department oversees the operation and maintenance of existing parks and recreation facilities, including the Kay Ceniceros Senior Center. Additionally, Community Services ran a Senior Meal Distribution Program due to COVID-19.
CAPER 20
Additionally, private (non-profit) organizations played an integral role in the implementation of the 2025/2026 Program Year. The following organizations participated as public services subrecipients:
❖ Boys and Girls Club of Menifee Valley
❖ Family Service Association (FSA)
❖ Habitat for Humanity
❖ Hospice of the Valleys
❖ Menifee Valley Community Cupboard
❖ SAFE Family Justice Center
The City will continue to work with the County of Riverside and local private service providers to ensure that residents of the City receive the best possible care. The City is a member of the Riverside County Continuum of Care, Western Riverside Council of Governments (WRCOG), and Southern California Association of Governments (SCAG), and works with the Menifee Valley Community Cupboard, and other service organizations to identify and address the needs and concerns of City residents.
In 2014, the City formed the Menifee Citizens Advisory Committee (MCAC) which has historically played an integral role in the CDBG Consolidated Plan and Annual Action Plan, particularly with respect to the review of the public services applications and , was expanded to meet more frequently to review/provide feedback on the full Annual Action Plan and annual CAPER prepared.
On August 20. 2026, the CAPER for PY2025 was presented to MCAC.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to enhance coordination between public and private housing and social service agencies through collaboration with various local nonprofit organizations, the Housing Authority of the County of Riverside, the County of Riverside Econom ic Development Agency , and other agencies that partner with the City to revitalize low-income communities utilizing CDBG, and mortgage credit certificates.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The 2022 Analysis of Impediments identified four key barriers, each of which is mentioned below, along with a discussion of the measures implemented to address and mitigate their impact.
CAPER 21
Impediment 1: Homeownership Opportunities
The City of Menifee, in collaboration with Riverside County and the Fair Housing Council, is actively promoting a range of programs designed to support residents on their path to homeownership and housing stability. These initiatives include:
Homebuyer & Housing Assistance Program
• First-Time Homebuyer Support: Programs offer guidance and financial assistance to help new buyers navigate the home purchasing process.
• Foreclosure Recovery: Resources are available to assist individuals and families facing foreclosure, helping them regain stability.
• Acquisition Assistance: Aid is provided to help eligible residents acquire homes, making ownership more accessible.
PLHA Grant & Down Payment Assistance
• The City of Menifee secured a Permanent Local Housing Allocation (PLHA) Grant totaling $1,381,356 from the California Department of Housing and Community Development (HCD).
• This funding supports housing-related projects that address unmet local needs. • To date, eleven households earning at or below 80% of the area median income have received loans through the Down Payment Assistance Program, helping them take the crucial step toward homeownership.
Fair Housing Education & Counseling
• The Fair Housing Council offers comprehensive first-time homebuyer education, including:
• One-on-one counseling sessions
• Interactive workshops
• Topics covered include:
• Budgeting for homeownership
• Understanding loan qualifications
• Finding trustworthy lenders and suitable homes
• Navigating credit issues and avoiding predatory lending practices Additionally, since August 2014, the City of Menifee has been part of Riverside County’s Mortgage Credit Certificate (MCC) Program. This initiative offers eligible homebuyers a valuable federal income tax credit, calculated as a percentage of the mortgage interest paid annua lly. By reducing their tax liability, buyers effectively increase their qualifying income —making it easier to secure a home loan.
CAPER 22
Timeframe: Ongoing and continuous.
Impediment 2: Increase Affordable Housing Availability
During the development of the Analysis of Impediment, it was identified that the primary barriers to affordable housing in Menifee are the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related to the fact that demand for affordable housing exceeds the supply, and there are insufficient resources available to increase the supply of affordable housing to meet demand.
The City will continue to conduct annual outreach to developers, apply for or support applications for funding, and look for opportunities to encourage the production of affordable housing. Funding sources may include State, Regional, and private resources, such as:
• State Low-Income Housing Tax Credit Program
• CalHome Program
• Mental Health Service Act (MHSA) Funding
• Federal Home Loan Bank Affordable Housing Program (AHP) • Unity Way Funding
• Private Contributions
• Public-Private Partnerships
Timeframe: Ongoing and continuous.
Impediment 3: Job Creation
The City of Menifee’s Economic Development Department is dedicated to enhancing the economic prosperity and overall quality of life for its residents by attracting new businesses, which in turn generate additional employment opportunities throughout the city.
Additionally, Menifee has joined forces with Riverside County Workforce Development to support residents throughout their career journeys. Offering assistance in job searching, career changes, skill building, and vocational training, they help residents advance toward higher -paying opportunities. With a dedicated and experienced team, the Workforce Development Center stands ready to guide individuals at every stage of their professional growth.
Timeframe: The City will continue to do this on an ongoing and continuous basis.
Impediment 4: Broadband Internet Accessibility
The City of Menifee continues to make strong progress in broadband accessibility. According to one major local provider, fiber optic broadband now reaches over 95% of the community.
Additionally, multiple broadband satellite providers offer 100% coverage, and several mobile
CAPER 23
providers have entered the market, expanding competition and connectivity options. With this level of access achieved, the City is shifting its focus from broadband expansion to enhancing communications infrastructure and exploring how technology can meaningfully improve the lives of our residents. While the city is not currently pursuing formal Smart City initiatives, the Information Technology Department is partnering with Engineering, which is actively addressing traffic congestion, to support strategic planning and design recommendations. They are also exploring grant opportunities that align with future Smart City goals. As the City moves forward, we are committed to listening to our community and identifying technology-driven solutions that address real needs and create lasting impact.
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Menifee utilizes multi-level monitoring to ensure all program projects/programs are completed under the CDBG Program regulations and guidelines.
Projects/Programs completed by sub-recipients and/or other City Departments included the following monitoring steps:
1. Subrecipients Agreement/MOU Executed
2. Copy of CDBG Program Policies and Procedures Provided and Discussed
3. Project/Program Kick-Off Meeting
4. Quarterly Reporting Requirements
5. Desktop Program/Project Review/Audit
6. On-Site Visits
7. Final/Close-Out Reporting Requirements
Fiscal monitoring is performed throughout the program year, from specific program budgets and performance measures delineated within the Subrecipients Agreement/MOUs executed to a thorough review of reimbursement requests received.
As part of the CDBG comprehensive Program Management, the City of Menifee conducted annual on-site programmatic and internal control visits of all the public services sub-recipients.
Additionally, sub-recipients are required to provide quarterly progress reports throughout the Program Year. As a condition of funding, the City o f Menifee requires each CDBG-funded project to measure performance in terms of productivity and program impact. Sub-recipients
CAPER 24
measured and reported productivity goals through quarterly reports.
The on-site visits provide an opportunity to review and evaluate project operations, administrative, and financial controls. Following the on-site visits, all sub-recipients are provided with detailed follow-up letters discussing the results of the on-site visit, comprehensive desktop analysis, and, where appropriate, recommended actions. Site visits provide a hands-on opportunity to review compliance with the executed agreement, proper financial management systems are in place, and that project files are kept up to date.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Pursuant to the requirements of the City’s Consolidated Plan/Citizen Participation Plan, during the annual preparation of the CAPER, the CAPER will be made available for public review/comment for a 15-day period, followed by a Public Hearing held on September 16, 2026, where it will be presented to City Council for adoption along with any public comments received.
A notice regarding the 15-day comment period and Public Hearing was published in the local newspaper, The Press Enterprise, in English and Spanish on August 31, 2026, as well as noticed on the City’s website. Copies of the draft CAPER were made available for review at City Hall (29844 Haun Rd, Menifee, CA 92586) or via email/mail upon request. (No comments were received)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
There were no changes in the jurisdiction’s program objectives during the 2025/2026 program year.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
N/A
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
12:50
08-24-26
Program Year 2025
MENIFEE , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
MENIFEE , CA
2,025.00
0.00 630,907.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 630,907.00
514,818.85
0.00 514,818.85
126,181.00
0.00 0.00
640,999.85
(10,092.85)
0.00 0.00
514,818.85
0.00 514,818.85
100.00%
PY: PY: PY:
0.00 0.00
0.00%
94,636.00
0.00 0.00
0.00 94,636.00
630,907.00
0.00 0.00
630,907.00
15.00%
126,181.00
0.00 0.00
0.00 126,181.00
630,907.00
0.00 0.00
630,907.00
20.00%
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
12:50
08-24-26
Program Year 2025
MENIFEE , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2025
2024
2025
2025
2025
2025
2025
2025
2025
2025
2025
2025
2025
2025
2024
2025
2025
2025
2023
2023
2024
Total
2 2
3 3
3 3
3 3
3 3
3 3
3 1
4 4
4 4
9 9
6 191
181
186
186
186
188
189
189
187
187
184
184
184
185
182
192
192
192
168
168
180
7163861
7121797
7121254
7163861
7183839
7183839
7121254
7163861
7163861
7183839
7121254
7163861
7183839
7163861
7121254
7121254
7163861
7183839
7121254
7183839
7183839
Kay Ceniceros Roof Project (PY25/26)
Sun City Residential Street Improvements Project (PY 24/25) Hospice of the Valleys: Senior Assistance Program (PY25/26) Hospice of the Valleys: Senior Assistance Program (PY25/26) Hospice of the Valleys: Senior Assistance Program (PY25/26) Habitat for Humanity- Senior A Brush with Kindness Program (PY25/26) Family Service Association (FSA) - Senior Nutrition Program (PY25/26) Family Service Association (FSA) - Senior Nutrition Program (PY25/26) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY25/26) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY25/26) Menifee SAFE & Healthy Families (PY25/26)
Menifee SAFE & Healthy Families (PY25/26)
Menifee SAFE & Healthy Families (PY25/26)
Menifee Valley Community Cupboard - Emergency Food Distribution (PY25/26) Minor Home Rehabilitation Grant Program (PY24/25)
Minor Home Rehabilitation Grant Program (PY25/26)
Minor Home Rehabilitation Grant Program (PY25/26)
Minor Home Rehabilitation Grant Program (PY25/26)
Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY23/24) Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY23/24) Activity Delivery Cost - Minor Home Rehabilitation Grant Program (PY24/25) 03F
03F
03K
03K
05A
05A
05A
05A
05A
05A
05A
05D
05D
05D
05N
05N
05N
05N
05W
05W
14A
14A
14A
14A
14A
14H
14H
14H
14H
LMC
Matrix Code 03F
LMA
Matrix Code 03K
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05A
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
Matrix Code 05N
LMC
Matrix Code 05W
LMH
LMH
LMH
LMH
Matrix Code 14A
LMC
LMC
LMC
Matrix Code 14H
$31,350.00
$31,350.00
$155,000.00
$155,000.00
$3,159.77
$5,224.47
$5,115.76
$20,000.00
$13,856.99
$6,143.01
$53,500.00
$4,748.52
$5,251.48
$10,000.00
$1,676.09
$5,478.12
$3,345.79
$10,500.00
$20,636.00
$20,636.00
$85,642.86
$14,275.14
$49,131.00
$51,115.00
$200,164.00
$5,349.65
$17,939.63
$10,379.57
$33,668.85
$514,818.85
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2025
2025
2025
2025
2025
2025
2025
2025
3 3
3 3
3 3
3 3
186
186
186
188
189
189
187
187
7121254
7163861
7183839
7183839
7121254
7163861
7163861
7183839
No
No
No
No
No
No
No
No
Hospice of the Valleys: Senior Assistance Program (PY25/26) Hospice of the Valleys: Senior Assistance Program (PY25/26) Hospice of the Valleys: Senior Assistance Program (PY25/26) Habitat for Humanity- Senior A Brush with Kindness Program (PY25/26) Family Service Association (FSA) - Senior Nutrition Program (PY25/26) Family Service Association (FSA) - Senior Nutrition Program (PY25/26) Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY25/26)
Boys & Girls Club of Menifee Valley - Before and After School Scholarship Program (PY25/26)
B25MC060604
B25MC060604
B25MC060604
B25MC060604
B25MC060604
B25MC060604
B25MC060604
B25MC060604
EN
EN
EN
EN
EN
EN
EN
EN
05A
05A
05A
05A
05A
05A
05A
05D
05D
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05A
LMC
LMC
$3,159.77
$5,224.47
$5,115.76
$20,000.00
$13,856.99
$6,143.01
$53,500.00
$4,748.52
$5,251.48
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
12:50
08-24-26
Program Year 2025
MENIFEE , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2025
2025
2025
2025
Total
3 3
3 1
184
184
184
185
7121254
7163861
7183839
7163861
No
No
No
No
No
Menifee SAFE & Healthy Families (PY25/26)
Menifee SAFE & Healthy Families (PY25/26)
Menifee SAFE & Healthy Families (PY25/26)
Menifee Valley Community Cupboard - Emergency Food Distribution (PY25/26)
Activity to prevent, prepare for, and respond to Coronavirus B25MC060604
B25MC060604
B25MC060604
B25MC060604
EN
EN
EN
EN
05D
05N
05N
05N
05N
05W
05W
Matrix Code 05D
LMC
LMC
LMC
Matrix Code 05N
LMC
Matrix Code 05W
$10,000.00
$1,676.09
$5,478.12
$3,345.79
$10,500.00
$20,636.00
$20,636.00
$94,636.00
$94,636.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2025
2025
2025
2025
2025
2025
Total
6 6
6 5
5 5
194
194
194
193
193
193
7121254
7163861
7183839
7121254
7163861
7183839
Administration & Planning (PY25/26)
Administration & Planning (PY25/26)
Administration & Planning (PY25/26)
Fair Housing Services (PY25/26)
Fair Housing Services (PY25/26)
Fair Housing Services (PY25/26)
21A
21A
21A
21A
21D
21D
21D
21D
Matrix Code 21A
Matrix Code 21D
$44,986.05
$1,511.59
$56,683.36
$103,181.00
$7,702.00
$9,791.67
$5,506.33
$23,000.00
$126,181.00
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 1
12:53
08-24-26
MENIFEE , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)
MENIFEE , CA
711,691.00
0.00 0.00
711,691.00
674,745.85
36,945.15
0.00 711,691.00
0.00 0.00
0.00 674,745.85
674,745.85
674,745.85
100.00%
674,745.85
711,691.00
94.81%
36,945.15
711,691.00
5.19%
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 2
12:53
08-24-26
MENIFEE , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.
LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
9 10
11 12
13 131
132
133
134
135
6531080
6560126
6574888
6607086
6656350
6560126
6574888
6656350
6670442
6794948
6907443
7015226
7053279
7121254
7163861
6560126
6574888
6607086
6656350
6670442
6718566
6745683
6794948
6800048
6807094
6841147
6868726
6506576
6525935
6531080
6785480
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Computer Lab Program
CV Computer Lab Program
CV Computer Lab Program
CV Boys and Girls Club
05W
05W
05W
05W
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
05D
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
LMC
$20,910.60
$34,444.66
$76.10
$300.00
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$8,258.00
$8,556.39
$48,511.28
$24,277.98
$47,954.15
$40,084.07
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$30,484.81
$22,635.00
$8,500.00
$6,054.00
$4,130.50
$4,702.50
$4,071.00
$23,405.64
$3,691.37
$3,723.07
$240.11
$674,745.85
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE: 3
12:53
08-24-26
MENIFEE , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
9 10
11 12
13 131
132
133
134
135
6531080
6560126
6574888
6607086
6656350
6560126
6574888
6656350
6670442
6794948
6907443
7015226
7053279
7121254
7163861
6560126
6574888
6607086
6656350
6670442
6718566
6745683
6794948
6800048
6807094
6841147
6868726
6506576
6525935
6531080
6785480
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Food Activity
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Homeless Outreach
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Rental & Mortgage Assistance
CV Computer Lab Program
CV Computer Lab Program
CV Computer Lab Program
CV Boys and Girls Club
05W
05W
05W
05W
05W
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Z
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05Q
05H
05H
05H
05D
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMCSV
LMCSV
LMCSV
LMC
$20,910.60
$34,444.66
$76.10
$300.00
$77,842.23
$17,190.00
$20,060.07
$11,480.62
$19,913.75
$8,258.00
$8,556.39
$48,511.28
$24,277.98
$47,954.15
$40,084.07
$88,933.62
$47,950.34
$8,277.48
$24,616.51
$13,470.00
$30,484.81
$22,635.00
$8,500.00
$6,054.00
$4,130.50
$4,702.50
$4,071.00
$23,405.64
$3,691.37
$3,723.07
$240.11
$674,745.85
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
Total
8 130 6506576
6525935
6531080
6581271
6607086
6656350
6745683
6794948
6800048
6841147
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
CV Administration
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
$5,891.27
$760.00
$6,532.75
$14,498.50
$1,567.50
$5,029.00
$1,004.39
$1,294.98
$213.03
$153.73
$36,945.15
CITY OF MENIFEE
SUBJECT: Evaluation of a Menifee Charitable Organization MEETING DATE: September 16, 2026
TO: Mayor and City Council
PREPARED BY: Kori Jones, Senior Management Analyst
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Discuss the potential establishment of a Menifee charitable organization and provide direction to staff on the concept and potential organizational approaches for further evaluation.
DISCUSSION
As Menifee continues to grow, so have the programs, facilities, events, and services provided to the community. As a future agenda item request of the City Council, this memorandum revisits whether a charitable organization could provide an additional resource to support community programs, projects, and initiatives through donations, sponsorships, grants, and other contributions.
For purposes of this discussion, a charitable organization refers to a nonprofit organization established for charitable purposes that may qualify for federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This type of organization can provide an avenue for tax- deductible charitable contributions and access to certain grants and other philanthropic funding opportunities.
This concept has been considered previously by the City. In 2019 and 2020, the Parks, Recreation, and Trails Commission (PRTC) reviewed charitable organizations associated with other public agencies, including how they were structured and staffed, the types of programs and projects they supported, and the resources needed to operate them. The PRTC recommended that the City Council consider establishing a nonprofit organization, ,but the item was ultimately postponed due to the economic uncertainty associated with the COVID-19 pandemic.
Since that time, the City has continued to expand its partnerships with businesses, nonprofit organizations, schools, and other community partners that provide financial and in-kind support for City programs and events. These partnerships are an important part of how the City supports
City of Menifee Staff Report
Evaluation of a Menifee Charitable Organization
September 16, 2026
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community programs and activities. Forming a charitable organization could complement these existing efforts and create additional opportunities to support community priorities.
Potential Role of a Charitable Organization
A charitable organization could provide another wayto contribute to programs and projects that benefit the Menifee community. Depending on its purpose, an organization could support:
•Community programs and recreation scholarships;
•City events and cultural programming;
•Programming and amenities at the Central Park Amphitheater; •Parks, recreation facilities, and other community amenities; and •Other programs or projects consistent with the organization's charitable purpose.
The role of a charitable organization could also extend beyond fundraising. Depending on its purpose and structure, an organization could help develop community partnerships, pursue grants, provide volunteers or other resources, or support the delivery of programs and services.
A charitable organization would supplement, rather than replace, City funding for existing community services. Establishing an organization would also not, by itself, guarantee donations or fundraising revenue. Its effectiveness would depend on a clear purpose, sustained leadership, and the partnerships and resources needed to carry out its mission.
Potential Organizational Approaches
There are different ways a municipality can work with a charitable organization. Two approaches may be relevant to Menifee differing primarily in who governs and administers the organization and the level of City resources needed to support. Table 1 outlines these approaches.
TABLE 1 – POTENTIAL ORGANIZATIONAL APPROACHES
Model Structure/Role City Commitment
City-Affiliated
Foundation
Closely connected to the City, with City
officials and staff participating in
governance and administration
Higher – City governance,
staffing, and administration
Community-Led
Foundation
Partnership
Independently governed by a
community board that works in
partnership with the City to support
shared priorities
Lower – City coordination
related to partnerships or
agreements as applicable
Under a City-affiliated model, elected officials and/or City representatives may participate in the organization's governance, while City staff may provide administrative, financial, legal, or other ongoing support. This approach maintains a close connection between the organization and City priorities but requires a corresponding commitment of City resources.
A community-led foundation would be governed and operated independently, with responsibility for governance, fundraising, and operations resting with the organization. The City's role would generally focus on coordination and the programs, projects, or services where the City and foundation choose to work together. This approach would depend on sufficient community interest City of Menifee Staff Report
Evaluation of a Menifee Charitable Organization
September 16, 2026
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and individuals willing to take an active role in establishing and governing an independent nonprofit organization.
The City could also continue building upon its existing sponsorships and community partnerships without establishing a new charitable organization.
Examples from Other Communities
Examples from other nearby communities help illustrate how these approaches can work in practice.
•Moreno Valley Community Foundation: Established in 2007, the Foundation is governed by the Moreno Valley City Council, with City staff supporting its administration.
The Foundation supports a range of community programs, including homeless outreach and grant-funded food assistance. This model demonstrates how a charitable organization can remain closely connected to City priorities while relying on elected officials and City staff for governance and administration.
•Riverside Community Services Foundation: Also established in 2007, the Foundation is governed by an all-volunteer board of community members and works closely with the City's Parks, Recreation and Community Services Department. The Foundation supports parks and recreation activities, events, youth scholarships, senior programs, arts and cultural activities, and other community services. This model demonstrates how a community-led nonprofit can support municipal programs and priorities while maintaining independent governance.
These examples show how similar community-support goals can be pursued through different governance structures. Moreno Valley maintains direct City involvement in its foundation, while Riverside relies on a community board to govern its organization. These different structures affect both who guides the organization and the level of City staff time and resources needed to support it.
Considerations for Menifee
An important first consideration for Menifee would be what a charitable organization is intended to accomplish. Its purpose could be broad, supporting a variety of community priorities, or more focused on areas such as parks and recreation, cultural arts, community facilities, scholarships, or specific programs and projects.
The intended purpose would also help shape the appropriate organizational approach. A City- affiliated foundation could provide a close connection to City priorities but would require consideration of the City's ongoing role in governance, staffing, administration, fundraising, and financial management. A community-led foundation partnership could provide greater independence and community participation, but its success would depend on identifying individuals willing and able to govern the organization and support its fundraising efforts.
Regardless of the approach, successful fundraising requires sustained effort to build relationships, cultivate donors, pursue grants, organize fundraising activities, and maintain community support. Establishing an organization alone does not create that capacity. Community City of Menifee Staff Report
Evaluation of a Menifee Charitable Organization
September 16, 2026
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leadership, staff support, volunteers, and other resources needed to carry out the organization's mission would therefore be an important consideration in any further evaluation.
Fiscal and staffing impacts would also vary by approach. A City-affiliated foundation could require ongoing City staffing, administrative, legal, and financial resources. A community-led organization would generally be responsible for its own organizational and operating costs, with City resources focused on coordination and agreed-upon partnership activities.
Based on City Council direction, staff could further evaluate the approach or approaches of interest, including the intended purpose and scope, governance and staffing needs, fiscal and legal considerations, fundraising opportunities, community interest and capacity, and potential next steps.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action. Should City Council direct staff to further evaluate a charitable organization, potential fiscal and staffing impacts would be evaluated based on the approach being considered and presented to the City Council as part of a future action.
ATTACHMENTS
None.