2019/07/01 Meyers Research, LLC Analysis for Office DemandCITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE ANALYSIS OF OFFICE DEMAND
IS PRO IONAL SERVICES AGREEMENT ("Agreement") is made and effective
day of \1"2019 ("Effective Date") by and between the CITY OF MENIFEE,
a Califomia municipal c rporation, ("City") and RESEARCH a Delaware Limited
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Liability Company (LLC) ("Consultant"). City and Consul
to individually as a "Party" and collectively as the "Parties.
in be referred
SECTION T. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
l.Z Standard of Performance. Consultant represents and warrants that Consultant is a
provider offirst class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.4 fhg. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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l.l Term of Services. The term of this Agreement shall begin on July 1,2019 and
shall end on June 30,2020 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City's right to terminate this Agreement, as provided for in
Section 8.
1.3 Assisnment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment ofany such persons, Consultant
shall, immediately upon receiving notice from City ofsuch desire of City, reassign such person or
persons.
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SECTION2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FOURTEEN THOUSAND
DOLLARS AND ZERO CENTS ($14,000.00) notwithstanding any contrary indications that
may be contained in Consultant's proposal, for the Services to be performed and reimbursable
costs incurred under this Agreement. ln the event ofa confl ict between th is Agreement and Exhibit
A, regarding the amount ofcompensation, this Agreement shall prevail. Cityshall pay Consultant
for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized in advance by City, Consultant shall not bill
City for duplicate services performed by more than one person.
2.1 lnvoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shalI contain the following information:
a. Serial identifications ofprogress bills; i.e., Progress Bill No. I for the first
invoice, etc.;
b. The beginning and ending dates ofthe billing period;
c- A "Task Summary" containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy ofthe 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 ol the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
The Consultant Representative's signature
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee. CA 92586
2-2 Monthly Payment. Ci ty shall make monthly payments. based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
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Receipts for expenses to be reimbursed;
shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements
above to pay Consultant.
2.3 Final Payment. Ci ty shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion ofthe Services and submittal
to City ofa final invoice, if all ofthe Services required have been satisfactorily performed.
2.4 Total Pavment. Ci ty shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourlv Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 bursable E . Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment ofTaxes. Consultant is solel y responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that Ci ty or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as ofthe date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility 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 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
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requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereofto City. Verification ofthe 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 lnsureds.
4.1 Worke rs'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 ofthe Califomia
Labor Code. Statutory Workers' Compensation lnsurance 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 (S 1,000,000.00) disease per employee, and ONE MILLION
DOLLARS (S1,000,000.00) 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 ofthe California Labor Code. Determination ofwhethera self-insurance
program meets the standards ofthe Califomia Labor Code shall be solely in the discretion ofthe
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
a.General requirements. Consultant , at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS (S2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000.000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence l'orm CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c.Additional requirements. Each of the followin
insurance coverage or added as a certified endorsement to the policy:
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g shall be included in the
4.2 Commercial General and Automobile Liability Insurance.
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shalI not affect coverage provided to City and its officers, employees, agents,
and volunteers.
a. General requ irements. Consultant , at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($ 1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The followin g provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date ofthe 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 ol 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) years after the expiration or termination of this Agreement
or the completion ofthe Services. Such continuation coverage may be provided by
one ofthe following: (l) renewal ofthe existing policy; (2) an extended reporring
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement ofthe Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions ofthe policy, ifConsultant 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.
4.4 All Polic les uirements
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:Vtl and admitted in California.
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4.3 ProfessionalLiabilitvlnsurance.
b. Verification of coverage. Prior to be ginning the Services under this
Agreement, Consultant shall furnish City with Certificates of lnsurance, additional insured
endorsement or policy language granting additional insured status complete certified copies ofall
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: !![
OF MENIFEE ANALYSIS OF OFFICE DEMAND. The name and address for Additional
lnsured 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 ofongoing and completed operations by or on behalf of Consultant.
c.Notice of Reduction in or Cancellation of Coveraae. Consultant shall
provide written notice to City within ten (10) working days if: (l) any ofthe required insurance
policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. Cit y 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 Iimitations 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 ( I ) year after the expiration or termination of this Agreement or completion ofthe Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, oflicials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e.Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any ofthe
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City. its officers, employees. agents. and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
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subcontractor. All coverages for subcontractors shall be subject to all ofthe requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. ln addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates comptiance with the requirements hereof; and/or
c. Terminate this Agreement.
Sf,CTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liabilitv. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its oflicers, employees, o{Iicials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments. fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional
services under this Agreement.
5.2 Indemnification for Other than Professional Liabilitv. 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 ofl, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consuttant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
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6.1 Independent Contractor. At alltimes durin g the term ofthis Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph I .3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
contro[. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the Califomia 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 RE,QUIREMENTS.
7.1 Coverning Law. The laws of the State of California shall govern this Agreement
liance with Aoolicable Laws Consultant and any subcontractor shallcomply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United Srates. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations ofthe State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. [t is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465,466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times. and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, oITicers. agents, representatives, employees, and volunteers harmless
from and against any liability, loss. damage, cost or expenses (including but not limited to
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5.3 Limitation of lndemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials. employees, and agents acting in an official capacity.
SECTION 6. STATUS OFCONSULTANT.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notifi cation to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. [n the event of termination . Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services ofany applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including. without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation ofSection
I 78 I of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section l78l , as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages
under Califomia law and/or the implementation of Labor Code Section I 78 I , as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same ofall subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants 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.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shal[, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement vatid Business Licenses from City.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection l.l. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5
all the Parties.
Amendments. The Parties may amend this Agreement only by a writing signed by
8.6 Assienment and Subcontractine. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence ofConsultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval ofthe Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. ln the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8,8 Options upon Breach by Consultant. [f Consultant materially breaches any ofthe
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a.Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described
Exhibit A; and/or
tn
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Serv ices.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance . All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
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use ofsuch documents for other projects byCityshall be without liability to Consultant. Cityand
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of lntellectual Property. This A greement creates a non-exclusive and
perpetual license for City to copy, use. modify, reuse, or sublicense any and all copyrights. designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain an y and all ledgers,
books ofaccount, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date offinal payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 lnspection and Audit of Records. An y records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under Califomia Government Code Section 8546.7, ifthe amount ofpublic funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit ofthe State Auditor, at the request of City or as part ofany
audit of City, for a period ofthree (3) years after final payment under this Agreement.
SECTION IO.MISCELLANEOTIS PROVISIONS.
l0.l Attornevs'Fees. If either Part y 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 attomeys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct ofthe
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
267tl0318t8-000t
7630421 "]061201 19 -il-
10.2 Apolicable Law: Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. ln 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.
I 0.3 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 lmolied Waiverof Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver olany other breach ofthat term or any other term of
this Agreement.
I 0.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit
ofand shallapply to and bind the successors and assigns ofthe Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled lor
Consultant by Tim Sullivan, Senior Managing Principal ("Consultant's Representative"). The
Consultant's Representative shalI have full authority to represent and act on behalf of Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise and direct
the Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
10.8 Citv Contract Administration. This Agreement shall be adminisrered by a City
employee, Gina Gonzalez, Economic Development Director ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall besentto:
t^Ele6
I\4YERSRESEARCH
Attn: Tim Sullivan, Senior Managing Principal
435 S. Cedros Avenue, Suite 304
SOLANO BEACH, CA92075
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Gina Gonzalez, Economic Development Director
@
2671,03t858{00t
7630421.2.06/20/19 -12-
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page ofa technical report, first page ofdesign specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
l0.ll Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies ofthe Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason ofthe authorship of
this Agreement or any other rule ofconstruction which might otherwise apply.
10.13 Countemarts. 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.[4 Execution ofContract. The persons executing this Agreement on behatfofeach of
the Parties hereto represent and warrant that (i) such Pa(y 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.
I 0. I 5 Nondiscrimination. Consultant covenants that, by and for itseli its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
26?l/0lt8J8-000t
7670411 2 ^6t7ot 19 -t3-
10.16 No Third Partv Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.t7 lir of Cit Of llcers and Em No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event ofany default or breach by City or for any amorrnt which may become due to
Consultant or to its successor, or for breach ofany obligation ofthe terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants t hat 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 ofthis Agreement, including any method ofcoercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to Citv Emolovees. 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 ( I ) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
ISignatures on Following Page]
267 y03 I E58-000I
7630,12 | 2 !06/20/ l9 - l4-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as ofthe Effective Date.
CITY OF MENIFEE CON TANT
t
Armando G illa, City Manager
Attest
A. Manw Clerk
lching,ttorney
Senior Managing Principal
Adam McAbee. Vice President
fNote:2 officer's signatures required if
Consultant is a corporation, unless provided
with a certificate ofsecretary in-lieu]
C
J
267tl011858-0001
763UZl2 a06t2o/ 19 - 15-
Apprgwqd as to-Form:(J";_1'-..d
EXHIBIT A
SCOPE OF SERVICES
2671/011858-0001
16104212 a06l20l19
EXHIBIT A
Meyers
RESEARCH
June 14,20'!9
Ms. Gina Gonzalez
CIry OF MENIFEE
29E44 Haun Road
Menifee. CA 92586
Sent via email: ssglzalga@giqg jllellilegJg
Subject:
Dear Gina:
Meyers Research LLC. a Oelaware limited liability company ("Meyers') is pleased to present
this proposal to provido maft€t lesearch consulting services to City of Menife€ ("Client'). Our
consulting services will assist with your analysis and planning for the developnEnt of the
Property by providing on-the-ground information about matket dernand and the competitive
environment. We are pleased to announce that our firm has merged with Hanley
Wood/Mekostudy, which will further enhance our arGy of information and the Advisory team.
This proposal agreement ("Agreement") contains seven sectionsi
1 Background and Objeclives
2 Scope of Work3 Deliverables and Timing
4 Experience
5 Fee Requirements
6 Tems and Conditiohs
7 Acceptance
1 BACKGROUND AND OBJECTIVES
The purpose of this analysis is to analyze the market lor office uses in the City of M€nifee. You
havo asked us to test the level of unr€l defirand for ofiice uses and to identify ruture oppodunities
to capture office users in the City. A regional n€p showing the City of Menifee follov'6.
26? t/031858-000t
763M21.2
^06120119
-2-
Ms Gina Gon:ale:
CITY OF MENIFEE
June U. 2019
Page 2
t
2 SCOPE OF WORK
Meyers
R€ 5E ARC H
\\
I -
V
\
To accomplish your goals. v!€ wll conductthe follo,ving scope of xork:
Definition of Competitive Market Area: Based on travel patterns and the Citys
boundaries define appropriate compettive markets for oftice uses.
Economic & Housing Msrket Update (Brieo: Summari:e overall economic and
demographic conditions in the lnland Empire and the Crty of l\4enifee, with e f@us on
prolected conditjons ovet the next few years lterns analy:ed will include job and
household growth. etc Thls willsetthe stagefor understanding howthe retail and office
nBrkets are likely to prform going fon^/ard
Commercial Real Estate B.oker lntervie*a: lnterview local comnErcial brokers to
generate qualitatave insights on the retail and otfice nErkets
Office Market Overview: Summari:e the office market in the southern lnland Empire
and Menfee by compiling ard analy:ing rnacro-lsr'el statistics such as leasing adivity.
absorption. lease rate6. vacancy. etc. This will help lay the toundation frorn vrhich ofiice
planning can comnEnce
Office Competitive Analysis: ldentify a suttable competitve nErket trade area and
inventory competitiye existing, planned and under construction otlice buildings We \dill
research sEe location type (business park or freestanding). access. qual y. age and
@nditon. rentawacancy rates. etc.
Office Demand Assessment: To determine the rctential dernand for additional office
space in the local subrmrket. u,e will conduct an analysis based on rnet o leveljob gro th
2671/03t858-000t
7610421 2 a06,20/19 -3-
9
Ms. Gina Gon:ale:
CITY OF MENIFEE
June 14. 2019
Page 3
Meyers
RESEARCH
p.ojeclions that are refined by our rncdel tr be reler'ant for the subnErket and subject
property. We fjrst examine the existing lob base, the number of job6 within various industry
sectors, and determine the approxirnate mix that typically o@upies office space. This
estinEte is checked by intervi€ryE vrith brokers and $e draw from our own experience in
other analyses. We then compare fle job projedions for the next five years with the current
existing job base, and the net increase represents potential dernand for additional office
dsr'eloprnent. The net increase rn employnEnt is then translated intc total square feet of
otfice space demanded by applying an office square footage per employee factor
(determned by convers€taons with brokers. resour@s such as ULl. typical parking ratio
requirernents. and our oi4n experience) Also survey local otfic€ brokers to understand the
potential derEnd for addrtional office space in Menifee.
Key Conclusions and Recom m endations: Estimate a supportable amount of otlice
space in Menifee going fon\ard. Recommend a reasonable array of tenant types, space
sEes and lease rates based on the research conducted above. Comment on the potential
lease-up.
3 DELIVERABLES AND TIMING
4 EXPERIENCE
Our research will be presented in a concise. presentation-style rnarket report that includes both
uitten findings and key illustrative exhibts such as trend graphs. pGitioning charts. rnaps.
photos. etc. We wrll requrre approxrnEtely six weeks from vr ten acceptance to deliver a draft
of the report. This report is intended for use only by Client. its subGidiaries and/or its affiliates.
Use of this report by others is not intended by Meyers and Client wll need to gain prior \.,ritten
approval before sharing draft velsions. sections or the final report with any other party not
identified in this AgreenEnt Client agrees that it is prohibited from copying. making derivative
Vvorks (defined as any \^Drk frat contains portion of the report including collections, compilations,
subsets or portions of the data from the report). selling. sublicensing. renting. timesharing,
loaning leasing or distributing this report. or any portaons of the reportwthout Meyers prior written
approval.
lveyers will uork wilh the tribe s planning team in understanding report and implementation. We
will conducl three in person meetings (kick off. key findings. and presentation of draft report)
Meyers is uniquely qualified to assist you with this assignment. Our highly educated and
experienced consulting statf beleves in providing the hrghest quality service possible to our
clients We have the advantage of Zonda, the most robust and advanced real estate analytics
tool available wtlich allov,s us to create quick, ac.urate and cost-etfective analys€s for our
clientele The follorving team will be assigned to this engagernent
Tim Sullivan. Senior Managing Principal. Mr. Sullivan is an expert in residential leasibility
studies. strategic planning and produd development and has comdeted numerous studies in his
36 years ol exprience in the Real Estate lndustry.
Michelle Weedon, Senior Vice President Mrs. Weedon rs an expert in residential and non-
residential feasibility studies. strategic planning and product development and has completed
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Ms. Gina Gon:ale:
CITY OF MENIFEE
June'14 2019
Page 4
Meyers
RESEARCH
numerous studies in her 26 years of expenerrce in the Real Estate lndustry. She has $/'orked
extensively on residential prqecls throughout Southern Californta.
JT Schwartz. Director Mr Schwart has16 yea.s ofexperience in the Real Estate lndustry and
has drrected analyses of residential and commercial projects throughout the United States.
includrng master planned communities. active adult housing. high-rise and urban projects and
comrercial and retail developrnents.
Shaun Mccutcheon, Senior Manager Mr. l\4ccutcheon has 17 years of experience in the Real
Estate lndustry and speciali:es in market analysis for our commercial and mixed-us€ consulting
assignments Mr. i/ccubheon regularly \4orks throughout the United Slates on a variety of ass€t
types.
Alexia Wilmot, N4anager. Ms. Wlmot has 16 years ol experience in real estate developmert and
a background in financial analysis of residential home building markets and has focused on
master-planned communities. transit-oriented development, infill and mixed-use pOecls, and
affordable housing developrEn( both ngrr' construction and acquisition rehabititation.
Addrtional team nEmbers will provhe support Wth this assignrnent as needed
Our proposed consulting tee for this analysis is $16,0m. lf the Retail Study is conducted
concurrently, the fee for the Oftice Study will be adjueted to 014,000 to reflect the economy
of 6cale esrned by conducted both ofthe anelyses at once.
Ourfees will include h,^/o in person meetings or conferencecalls (kick off and presentation of draft
report).
Other Expenses and Billing Terma
Direct Exoenses Meyers wll be reimbursed for atl out of pocket costs. including but not limted b
travel mileage. copies and data costs
5 FEE REOUIREMEI{TS
Professional Fees
NonJtemi:ed Administratjve Fee. A fee equal to 4.0% of the professionat fees \dl be added to
otfset non-itemi:ed expenses such as p6tage, telephone etc.
lnjtial Deoosit. Meyers requires a 50q6 deposit of consulting fees to begin $ork
Balance lnvoice lvleyers wll submh an invoice for the entire balance due for the professional fees
plus expenses and non-itemi:ed administrative fee This balance invoice is due upon delivery of
the draft report. Any dehy or inaccurate informatbn provided by the client that causes additional
analysis or additional \aDrk that is outside the scope of this engagemert, if any, will be billed
separately.
5
26711031858-0001
1630421.2 a06t20tl9
Ms Gina Gon:ale:
CITY OF MENIFEE
June 14 2O1g
Page 5
Meyers
FESEARCH
Pavment Due. Payment will be due within upon receipt of invoice. Meyers reserves the right tc
charge up to 1.5% interest per month. on any outstanding anvorces not paid within 30 days of the
invoic€ date.
Termination Prior to Research Comoletion. lf for sorne reason fre Client decides to end this
engagemert before completion, upon written notification. Meyers $ill stop \.ork immediately and
bill for \ork clmpleted to date
6 TERMS AND CONDITIONS
gglglaL This letter sets forth our understandrng of the ternE and obleclives of our engagement
and the nature and limitations of the services v,e \rill pro/ide Client and its partners are
responsible for representatjons about its phns and expectations and for disclosure o, significant
information that might affect the ultimate reali:ation of the projected results. There will usually be
differencE beb^een projected and actual results because €vents and circumstances frequently
do not occur as expecled aM the differences may be material. We have no responsibility to
update our report for ar'ents and circumstances occurring after the date of our report. Payment of
any and all of ourfees and expenses is not in any \^iay contingent upon any factor other than our
providing services outlined in this Agreemert. We understand that thes€ reports lrill be shared
with third parties and potential investors. but the use of any reports prepared by Meyers pursuant
to this Agreement should not be solely relied on by anyone in rnakng a location or irwestment
decision
Limitaton of Liabilitv. ln no e/ent shall Meyers. ils subsidiar|es. atfrliates, directors, offacers.
employees. agents, licensors and/or suppliers (colleclrvely. the 'Research Group) be liable.
whether a claim be in tort contracL or othen&ise tor any indirect. special. incidental, reliance.
consequential (jncluding lost profrts or revenue). exemplary. punitive, loss or similar darnages
arising out ofthis Agreement and seryices rendered by Meyers. er'en if Meyers has been apprised
of the possibility thereof Furthernpre. in no event shall the Research Group s total cumulative
liability for all danEges. including anorneys fees, arising under this Agre€ment exceed the total
profGsional fees paiJ by Client and receNed by Meyers pursuant to this Agreement. lt is further
understood and agreed thatthe Research Group shall not be liable for any claim in the e,/ent that
lvleyers was not: (i) not ied promptly upon Client becoming aware of the existenc€ of such claim
aM (ii) given an opportunity to cure or mitrgate such ciaim. f possible lt is underst@d and agreed
that this paragraph shall survive the termination of this Agreement and Meyers engagement
hereunder.
EgllEily. Neither party shalladvertise. marketor o$erwise make known to others any information
relating to the subject matter of this Agreement, including mentioning or implying the name of the
other party. wthout the prior wrrtten approvalof such party. Notwithstandang thetoregoing, Client
agrees to grant Meyers permlssion to: (i) disclose the factthat Client as our client orally or in \Miting
to thrrd parties: (ii) include Client s name and l€o on a client list to appear on Meyers or its
afiiliate s,r,\,ebsrte: and (iii) rnclude Client's name and logo on a client list to appear in presentations
to be given to Meyers current or prGpective clients.
Relationshio of Partjes. Meyers shall serve as an independent contractor b Client. and under no
circumstances shall it be, or be deemed to be. a panner. agent. servant. distributor or employee
of Client in ts performance hereunder.
2671/031858-0001
1630421 2 a06l20l19 -6
Ms. Gina Gon:ale:
CITY OF MENIFEE
June 14. 2019
Page 6
Meyers
RE 5E ARC H
Governrnq Law Thas Agreement shall be gor'erned by. and construed and enforced in
acrordance $rth, the la$6 of the State of California. withgut reference to conflict of law principles
Amendments:Waiver. This Agreement consttutes the sole agreement olthe parttes \drth respect
to Meyers services and any other subject rnatter hereof and supersedes alloral negotiations and
prior wrtings with respect to any subject rnatter hereof or thereof. No npdification or waaver of
any terms of thrs Agreernent shall be valid and brndmg unless agreed to in \4nting by Meyers and
Client. A vaiver of any specfac term hereof shall not be deemed to constitute a wawer of any
other term hereof. nor shall a !,vaiver of any one or rnore oc@sions be deenEd to imply or
const ute a $aiver of the same or any other term on any other occasion
Severabilitv Vvherever possible each provision of this Agreement shall be rnterpreted in such a
manner as to be effectrve and valid under applicable law but if any pro/ision of this Agreement
shall be prohibited by or invalid under applicable law such pror'ision shatl be inetfective to the
extent of such prohibition or invalidity Mhout invalidating the remainder ot such pror'ision orthe
remaining provisions of this Agreement.
Enforceabilitv. This Agreement has been duly executed and delivered by each of lveyers and
Client and constitutes the legal. valid and binding obligations of each of Meyers and Ctient
enforceable against each of Meyers and Client in accordance with the terms hereof. subjed to
applicable bankruptcy. insotvency and similar la\r\,s afiecling the rights of creditors generafiy and
general prirrciples of equty.
CounterDarts This AgreenEnt and any amendnEnts. \,\aiyers or supplements to this Agreement
may be executed in any number of counterparts. each ot which Mten so executed and deltvered
shall be deerned to be an original. Facsimle copies of signatures shallbe deemed equa y binding
as originals.
7
267U031858-0001
1630421 2 ro6t20l19
Ms. Gina Gon:ale:
CITY OF MENIFEE
June 14 2019
Page 7
Pleose chetk scooe of wo* oooroved:
l1 Oflice
d Both Retailand Ofrice done concurrently
Signature:
Print Narne:
Oate:
RC47+19
Meyers
RESEARCH
7 ACCEPTANCE
We look forward to v\orking with you. The signed proposal n€y be sent via e-rEil or can be
laxed to (858) 704-4097
Sincerely,
Timothy P. SulliYan
Senior Managing Principal. Meyers Research. LLC
Agreed and Acceptedr CITY OF MENIFEE
s16.0@
$28.0m
2671/031858-0001
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Ms Gina Gon:ale:
CITY OF MENIFEE
June 14. 2019
Page I
Meyers
RESEARCH
MEYERS RESEARCH COMMERCIAL EXPERTISE ANO EXPERIENCE
Meyers Research combines expenenced real estab and technology ac,vrsors with leading data b
provide our clierts wrth a clear peEpective and a straEgic path forwad Our commercial exf,ertse
i6cludes
R€lall developmeot rncludrng stand-aione restauEnb. irFline shops ground tloor retail.
nerghborhood/ communr9 shopping centers. reglonal malls. outlet centeE other specialty
cenbrs ard repositionrng of exrstng retail ploduct
lndustrlal development lncluding./r'arehouse/dtstnbLrtion and flex/R&D product in urban and
subLirban locations as well aE repositionrng of existing indusbial product.
Hotsl develofrnent rncludrng hdependent and branded (_flag') hobls. resorE and multi
phared hotel opportunites ln domestic and rnternational locatons
Orflce development hcludirE Class A and Class B product tn urLEn and suburban locations
as M€ll as medEal office p.oducl and repos,ttontng of existing otfice product
Othgr Commorclal Us€s such as selt-storage edLtcatjon (day care) ard reltgioLts faottes
Our analytical appoach for commercial studies tnc[ldes the following processes
Locallonal Analysls: we consider access traffic Levels nea rby uses. transportation linkages
locaton of services. etc
Ma,ket Trends: we tnclude regpnal and local malketcondltons by compaimg and analyzing
slatrstjcs such as annual delNe.Es leasing activity. lease rates. vacancy absorption. etc
Supply Assessmont u€ identfy and rnventory exlstrng competton includhg bulldrng sEe.
access and location. s pec ra I features/attactons. qualty offacilities age and reputation. tena nt
mrx/types rental rates. vacancy rates. etc We also summan:e relevant planned commercial
developments in the localarea.
Domand Analysls: our methodology for commen.ral uses vary For retail analysls. we
estmate clemand for retail space rn vanoL,s trade areas by undelstanding annual revenlres at
existng retarlels rn the local market (supply) as comp6red to resident consumer expenditures
(demarE) to deErmrne the level of potental demand for additonal retarl uses For office and
industnal analysis we estlmate demand for oflice/ rndustfial sp6ce rn the greabr market and
at the Subject by conductng an analyss that E based on job grovv,th pElectjons. For hotel
analysis we torecast room rates and occupancy rabs along wlth hotel clelMeaies in the pipeline
to determrne the opportun,ty icr additonal hotel(s) at a gNen subject property.
Producl Rocommendations: we summante the findings from our research in a concEe
market reportthat addresses the most deal mn of uses for a gven site. what speciftc tenants
may be good targets for thrs clemand. anal what can be expecEd in terms of lease rateE room
rates occupancy and absorption expectatons
26?l/031858-0001
7630421.2 a06/20/le 9-
Ms. Gina Gon:ale:
CITY OF MENIFEE
June 14 2019
Page I
Meyers
RESEARCH
SELECT COMIIIERCIAL EXPERIENCE
Meyers proJrdes deblled assEbnce wth the plannrng for and rmplenEntation of comnErcEl
and mxed-use dgr'elopnEnt Our servces include integratrng sustarnability into the mainstream
development usrng nracroecononxc analysis coordination wlth the developmentand salesteam.
compet Ne analysrs and strategic plannrng for p.oposed developments The follo\lng E a
selecton of @mmercral propertres our combned team has assessed
M.y.r. x*r.6 f,.Dr&nr..lu. ad ...i.l trudiB
Irr oVl.loCmFnrli^.rlyr!
!r cou,w r..bnd, vr!.non
u lolr ulba. tEr. c.ntt
Cnh. ar !'llebvrd c.ntx
Ldb.m nh.I. i/r&..d ur
Mo'rrllrr & I.o.a. ! tll.r
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267t'03lEt8-0001
76iO42l 2 aOiizol l9 -10-
Ms. Gina Gon:ale:
CITY OF MENIFEE
June 14. 2019
Page 10
Meyers
E ESEAR C H
MEYERS RESEARCH
lveyers Research combrnes expenenced real esbte and technology advEors !{th leadtng data
to provrde our clrents wlth a clear perspectve and a strategic path fonErd
Our expenise rncludes
. Communfty Development. Resort & lnternation€l Oeveloprnent. Litigation Support & Apert Wrtness. lnstitutronal Advrsory I Portfolio Analysis. Multr-Famly. Urban & Mi)(ed-Use. Comn€rcEl Analyss. Caprtallnvestments
Our Advantage: The combination of deep real estate
knorriedge and cutrng edge technology backed by the
most comprehensrve data
THE ADVISORY TEAM COMPLETED
APPROXIMATELY 600 STUDIES THROUGHOUT
THE U,S. IN THE LAST YEAR
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