2019/07/01 Meyers Research, LLC Analysis of Retail Demand (3)thisT&
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE ANALYSIS OF RETAIL DEMAND
IS PROFES IONAL SERVICES AGREEMENT ("Agreement") is made and effective
day of ,2019 ("Effective Date") by and between the CITY OF MENIFEE,
a California municipal oration, ("City") and
Liability Company (LLC) ("Consultant"). City and Consu
to individually as a "Party" and collectively as the "Parties
RESEARCH a Delaware Limited
n be referred
SECTION I. 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. ln the event ofa conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
I .l Term of Services. The term of this A greement shall begin on July 1,2019 and
shall end on June 30,2020 unless the term ofthis Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City's right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its prolession and to the sole satisfaction of the
Contract Administrator.
1.3 Assiqnment of Personnel. Consultant shall assi gn only competent personnel to
perform the Services pursuant to Agreement. ln 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.
1.4 Time. Consultant shall devote such time to the perlormance 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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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. In the event ofa conflict between this Agreement and Exhibit
A, regarding the amount ofcompensation, this Agreement shallprevail. 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 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. I for the first
invoice, etc.;
b. The beginning and ending dates oflthe billing period;
c. A "Task Summary" containing the original contract amount, the amount of
prior billings, the totaI due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
Receipts for expenses to be reimbursed;
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 tbr authorized reimbursable costs incurred. City
f.
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shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements
above to pay Consultant.
2.3 Final Payment. City 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 Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Pavment of Taxes. 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 City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as 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
lnsurance, indicating that Consultant has obtained or currently maintains insurance that meets the
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2.5 Hourl)z Fees. Fees for the Services perlormed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
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 Insureds.
4.1 Workers' Compensation. Consultant shall , at its sole cost and expense, maintain
Statutory Workers' Compensation lnsurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the altemative, Consultant may rely on a self-
insurance program to meet those requirements, but only ifthe program of self-insurance complies
fully with the provisions ofthe California Labor Code. Determination ofwhether a 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, ifa program ofself-
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. Generalrequirements. Consultan t, 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 ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS (52,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used. either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minirnum sco ofcovera . Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as lnsurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
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4.2 Commercial General and Automobile Liability Insurance.
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professiona L ility lnsurance.
a. Generalrequirements. Consultan t, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($ 1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. lf the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The followi ng provisions shall apply if the
prolessional Iiability 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 ofthe 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) years after the expiration or termination of this Agreement
or the completion ofthe Services. Such continuation coverage may be provided by
one of the following: (l) renewal ofthe existing policy; (2) an extended repo(ing
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement ofthe Services underthis 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.
a. Acceptability of insurers. All insurance re quired by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
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4.4 All Policies Requirements.
b. Verification of coverage. Prior to be ginning the Services under thrs
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
ceftified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of lnsurance must include the following reference: !]!!
OF MENIFEE ANALYSIS OF RETAIL DEMAND. 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 ofongoing and completed operations by or on behalf of Consultant.
c. Notiqe of Reduction in or Cancellation of Coverase. 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. Addiri lin ce. 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 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
lor 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, 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.
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.
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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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.
subcontractor
herein.
All coverages for subcontractors shall be subject to all ofthe requirements stated
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. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnificatiqn for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance 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
allof 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 Iiable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
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5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials. employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times 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 ol personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it 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 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 €mployee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS,
7.1 Govemins Law. The laws of the State of Calilornia shall govern this Agreement.
7.2 Compliance with Apolicable Laws. Consultant and an y 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 perfom work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations ofthe State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. lt is understood that it is the responsibility ofConsultant 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, officers, 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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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
l78l 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 ofthe 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 re presents 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 shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. ln addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
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 bv Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. ln the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. Ci ty 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
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authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assisnment and Subcontractinq. 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 of the Contract Administrator. Consultant
shall not subcontract any portion ofthe performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Ootions upon Breach by Consullant. IfConsultant 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 in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. lt 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 by City shall 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.
9.7 Licensing of Intellectual 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 notbe limited inanyway in its useolthe 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
thedateoffinal payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. 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 California 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 of the State Auditor, at the request of City or as part of any
audit of City, for a period ofthree (3) years after final payment under this Agreement.
SECTION IO.MISCELLANEOUS PROVISIONS.
l0.l Attomevs' Fees. lfeither 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 attomeys' fees and expenses including costs, in addition to
any other reliefto which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
267tl01l65E-000 t
1630471 2 s06l20l 19 -ll-
10.2 Applicable Law: Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of 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 Subheadinss. The section headi ngs 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 Imolied Waiverof Breach. The waiverofany breach ofa specific provision of
this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of
this Agreement.
10.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit
ofand shall apply to and bind the successors and assigns ofthe Parties.
10.7 Consultant Representative. All matters underthis Agreement shall be handled for
Consultant by Tim Sullivan, Senior Managing Principal ("Consultant's Representative"). The
Consultant's Representative shall have full authority to represent and act on behalf ol Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise and direct
the Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Gina Gonzalez, Economic Development Director ("Contract Administratoi'). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
MYERS RESEARCH
Attn: Tim Sullivan, Senior Managing Principal
435 S. Cedros Avenue. Suite 304
SOLANO BEACH, CA92075
Any written notice to City shallbe sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Gina Gonzalez, Economic Development Director
2671/031818.000 t
7630421.2 a06t20t19 -t2-
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Seal and Signature of Registered Professional with
report/design responsibi lity.
l0.l I Riehts and Remedies. Ex cept 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.
I0.12 Inteeration. 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 of construction 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.
10.14 Execution ofContract. The persons executing this Agreement on behalfofeach 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.
l0.l 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 ofthis 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.
267tl031858-000 t
1630421 2
"O6l2Ot19
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.
- l3-
10. I 6 No Third Partv Beneficiaries. With the exc eption 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. I 7 Nonliability of Citv 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 ofany default or breach by City or for any amount wh[ch may become due to
Consultant or to its successor, or for breach ofany obligation ofthe terms olthis Agreement.
r 0.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Emolo.vees. 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]
2671/03 t 858,0001
7630421.2 a06/20/19 -14-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as ofthe Effective Date.
CITY OF MENIFEE CO
Armando G. Villa, City Manager u lt an. Senior Managing Principal
Attest
A. Man ity C
Adam McAbee, Vice President
elching, C ttornev
[Note: 2 officer's signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieulJ
267tl0IE58-000t
7630,4,21 2 .06/20/19 -15-
I
Apprevqd as to Form:( )-2-""1
EXHIBIT A
SCOPE OF SERVICES
Scope of work shall include, but is not limited to:
Comprehensive Analysis of Retail Demand for the City of Menifee in the not to exceed amount
FOURTEEN THOUSAND DOLLARS AND ZERO CENTS ($14,000.00) as further detailed
in the following pages.
267 t/03 tE5E-000t
7610421 2 a0O/00/00
1
Meyers
RESEARCH
June ,l4.20|9
Ms, Gina Gonzalez
CITY OF MENIFEE
29844 Haun Road
Menfiee. CA 92586
Senl via email: oqonzalez@citvofrnenifee.us
Sub.iect;
Dear Gina
Meyers Research LLC, a Oelaware limited liabilily company ( Meyers") is pleased to prosent
this proposal to provide market research consulting services to City of lveniree ("Client'). Our
consulting servicrs will asgist with your analysis and planning for the development of the
Property by providing on-the-ground information about market dernand and the compGtitive
enviaonment. We are pleased to announce that our firm has morged with Hanley
Wood/Met.ostudy, which will further enhance our array of inforrnation and the Advisory team.
This proposal agreement ('AEreement") contains seven sections
1. Backgrouhd and Objectives
2. Scope af Work
3. Deliverablos and Timing4 Experience
5 Fee Requrrorn€nts
6 Terms and Conditions
7 Acceptance
1, BACKGROUNO AND OBJECTIVES
The purpose of lhis analysis is to analyze the market for retail uses in the City of Menifee. You
have asked us to test the level of unmet demand for various retail uses that the City can attrac,t
going forward. A regional nEp of the City of Menifee follolr6.
2671/01lE58-0001
7630421 2 a00/00/00 -3-
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14. 2019
Page 2
Meyers
RE S EARC H
\\
I
-
2, SCOPE OFWORK
\
I
q
To accomplish your goals, we will conductthe follolving scope of vork:
O'efinition of Competiti\E Ma.ket Area: Based on travel pattems and the Citys
boundaries, define approp.iate competitive markets lor retail uses.
Economic & Housing Market Update (Brie0: Summarize overall economic and
demographic conditions in the Inland Empire and the City of Menifee, wilh a focus on
projected conditions over the next fqry years. ltenE analtrzed will include job and
household growth, etc This willsetthe stage for underslanding how the retail and office
rnarkets are likely to perform going fofflard.
Commercial Real Estate Broker lnterviews: lnterview local comrnercial brokers to
generate qualitative insights on the retail and office markets.
Retail Market Overview: Summarize the retail rnarket in and around Menifee by
compiling and analyzing macrelevel statistics such as leasing aciivity, absorption, lease
rates, vacancy, etc. This will help lay the foundation from Mich retail plannrng can
commence.
Retail Competiti\€ Analysis: Based on the defined trade area. inventory select
competitive retail centers The€e individual centers will be categorzed and will assist vrith
determining the best opFDrtunity for Menifee going folward. ln addition to the inventoried
store fronb, v/e will collect key qualitative and quantitative data pertaining to size, access
and location, special features./attractions, quality of facilities, age and reputation, tenant
types, rental rates, vacancy rates, etc. Summarize releyant planned retail de,/eloprnents
-4-
9
2671/0i1858-0001
7610.{21 2 a00/00/00
Ms Gina Gonzalez
CITY OF MENIFEE
June 14 2019
Page 3
Meyers
RESEARCH
3 DELIVEPABLES AND TIMING
4 EXPERIENCE
in the local area. Compile inforr,€tion on each such as location, likely tenants or tenant
types, center type, expecled market timing and other reler'ant (and available) details.
Retail Demand Aase3ement Consider the potential retail center types based unrnet
demand in the market area, and the population guidelines they require to be supportable
- both in terms of drive-tirne population and radius rcpulation. Oyerlay the expected
populatiofl levels, l@al retail competition le/el and size/location atributes to determine il
the Subjeci could support a given center type. Estimate denand tor rehil space in various
trade areas (a local trade area. mid-sized trade ars and larger trade area) by
understanding annual revenues at o(isting retailers in the local market (supdD, as
corrpared to resident consunEr expenditures (demand) to determine the level of potential
demand tor additjonal retail uses. Finally, estimate total suppodable retail square feet by
tenant type. Also suryey hcal retail brokers to understand the potential demaM for
additional retail space \ilithin lvlenifee.
Key Concluaiona and Recommendationa: Estimate a suppodable amount of retail
space in the City in the near term and in future buildings in the longer term. RecomrEnd
a leasonable array of tenant types (merchandising mix), space sizes and lease rates
based on the research conducted abo,/e. ComnEnt on the potential lease-up tirneframe.
Our research $,ill be presented in a concise, preserrtation-style ryErket repod that includes bcth
\.,ritten findings and key illustrative exhibits such as trend graphs, pcitioning charts, rnaps,
photos, etc- We wll require approxlrnately aix weeks from \,vitten acceptance to deliver a draft
of the report. This report is intended for use only by Client, its subGidiaries and/or its atfiliates.
Use ol this report by others is not intended by lvleyers and Cllent \riill need to gain prior written
approval before sharing draft versions, sections or the final report with any other party not
identfied in this AgreenEnt. Client agrees that it is prohibited from copying, making derivative
\..,orks (defined asanylrorkthat contains portion cfthe report, ancluding collections, compilations.
sub€ets or portions ot the data from the report), selling, sublicensirq. renting, timesharing,
loaning. leasing or distributing this report. or any portions of the report wrthout Meyers prior written
approval.
Meyers will vork with the tribes planning team in understanding repon and implementation. We
wll conduct three in person meetrngs (kick otf, key findings, and presentation of draft report)
Meyers is uniqu€ly qualified to aaaiat you with thia aasignment. Our highly educated and
experlenced consulting stafi belaeves in providing the high6l quallty servlce posslble to our
clients. We have the advantage o, Zonda, the mct robusl and advanced real €state analytics
tool available, Mich allo^€ us to create quick, accurate and cosl-efieclive analyses for our
dientele. The follo/,/ing team will be assigned to this engagerEnt
Tim Sullivan. Senior Managing Principal. Mr. Sullivan is an expert in residential feasibility
studies, strategic planning and product development and has @mpleted numerous studies ln his
5-2671/031858-0001
7610421 2 a00/00/00
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14, 2019
Page 4
Meyers
FESEARCB
36 years of experience in the Real Estrte lndustry.
Michelle Weedon, Senior Vice President. Mrs. Weedon is an expert in residential and non-
residential feasibility studies, strategic planning and producl development and has completed
numerous studies in her 26 years o, experience in the Real Estate lndustry. She has wDrked
et€nsively on residential projecis throughout Southern California.
JT Schrvanz, Drector. Mr. SchwarE has 15 years of experience in the Real Eslate lndustry and
has directed analys€s of residentjal and commercial projects throughod the United States.
including rnaster planned communitleg aclive adult housing, high-rise and urban pojects and
comnErcial and r€tail ds/eloprnents
Shaun Mccutcheon, Senior Manager. Mr. irccutcheon has 17 years of experience in the Real
Estate lndustry and specializes in market analysis for our commercial and mixed-use consulting
assignments. Mr. Mccubheon regularly \i\orks trrroughout the United States on a variety of asset
types.
Alexi8 Wilmot, Manager. Ms. Wlmot has 16 years cf experjence in real6tate development, and
a baqkground in financial analysis of residential horr€ building markets and has focused on
master-planned communities, transit-oriented development, infill and mixed-use projecis, and
afiordable housing devebpnEnt both ne.i/ constructron and acquisition rehabilitation.
Additionalteam rnembers will provide support \,tith this assignrEnt as needed.
5 FEE REOUIREMENTS
Profeaaional Fees
OUI proposed consulting fee for this analysis is $16,m0. f the Oftice Study is conducled
concurrently, the fee for the Retail Study will be adjusted to $14,000 to reflec{ the economy
of acale earned by conducted both ofthe analysis at once.
Our fees will include three in person rEetings (kick off. key lindings. and presentstion of draft
repo.t).
Other Expenses and Billing Terms
Dired aoenses. l\reyers will be reimbursed for all out of pocket costs, including but not limited to
travel, mileage, copies and data costs.
Nonltemized Administrative Fee. A fee equal to 4.0% of the professional fees will be added to
dfset non-itemized expenses such as p6tage, telephone etc.
lnitial Oepcit. Meyers requires a 50,6 deposit ol consulting lees to begin $prk.
EJalance lnvoice. Meyerswill submit an invoice for the entire balance due for the professiomlfees
plus expenses and non-itemEed administrative fee. This balance lnvoice is due upon delivery of
the draft repoft. Any delay or inaccurate information provided by the client hat causes additional
2671/031858-0001
7610421 2 a00100/00 -6
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14, 2019
Page 5
Meyers
RESEARCH
analysis or addnlonal $ork that is outsiie the scope of this engagement, it any, will be billed
separately.
PavnEnt Due. Paymert will be due within upon receiE of invoice. Meyers reserves the right b
charge up to 'l.5% interest per month, on any outstanding irvoice€ not paid ' ithin 30 days cf the
lnvoice date.
Termination Prior to Research Comoletion. lf for sorne reason the Claent decides to end this
engagement before completion, upon written notification, Meyers will stop $/ork immediately and
billfor $ork completed to date.
6 TERMS AND CONDITIONS
9!!9IgL This letter sets forth our understanding of the ternE and objectives of our engagement
and the nature and limitations of the services \,1,e will pror'ide. Client and ib partners are
responsible for representataons about its plans and expeciations and for disclGure of signiflcant
information that might affect the ultimate realization of the projected results. There vrill usually be
differences bet$^gen projected and actual resulcs because sr'ents and circumstances frequently
do not occur as expectd, and the ditlerences may be material. We have no responsibility to
update our reportfor eJents and circumstances occurring after the date ot our report. Payment of
any and all of our fees and expenses is not in any \!ay contingent upon any factor other than our
providing services outlaned in this Agreement. We understand that these reports will be shared
with third parties and potential investors, butthe use of any repods prepared by Meyers pursuant
to this Agreement should not be solely relied on by anyone in rnaking a location or investment
decision
Limitation of Liabilitv. ln no e/ent shall N4eye[s, its subGidiaries, affiliates, direclors, otficers,
employees, agents, llcensors and/or suppliers (collectively, the 'Research GrouC) be liable,
tthether a claim be in tort contact or otherwise for any indirect, special, incidental, reliance,
consequential (including lost protits or revenue), exemplary, punitive, loss or similar darages
arising out of this Agreement and services rendered by MeyelS, even if llleyers has been app.ised
of the possibility thereof. Furthermcre, in no event shall the Research Group's total cumulative
liability tor all darnages, including attorneys' fees, arising under this Agreement e(ceed the total
professional lees paid by Client and received by lveyers pursuantto thisAgreement. lt is further
understood and agreed that the Research Group shall not be liablefor any claim in the event that
Meyers l,as not (i) notitied promptly upon Client becoming a\Ere of the exbtence of such claim
and (ai) given an opponunty to cure or mitigatesuch claim, itpossible. lt is underst@d and agreed
that this paragraph shall survive the te.mination cf this Agreement and Meyers engagement
hereunder
Pglljgjv. Neither pa y shalladvertise, market or otherwie make knowl to others any in orrnation
relating to the subjed matbr of this Agreernent, including mentioning q implying the name of the
other party. without the prior ufiften appro/al ol such party. Not,vithstandirE the foregoing, Claent
agrees to grant Meyers permission to: (0 discbse the tact that Client is our client orally or in witing
to third parties; (ii) include Clients name and logo on a client list to appear on Meyers or its
affiliate's u€b6ite; and (iii) includeClients name and logo on a client lid to appear in presentations
to be given to Meyers cr.Jnent or prGpective clients.
267tl03 t8t8-0001
76?0421.2 a00n0t00 -7
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14. 2019
Page 6
Meyers
RE 5E ARC I-]
Relat onshio ot Parti6. irleyers shall serve as an independent contactor b Client, and under no
circumstances shall it be, or be deerned to be, a partner. agent, servant, disfributor or emdoyee
0f Client in its performance hereunder.
Gorernino Law. This Agreement shall be gor'erned by, and const.ued and enforced in
accordance with. the la!\6 ot the Slate of California, without reference to conflict of law principes.
Amendments:Waiver. Th is Agreement constitutes the sole agreenrent of the parties wth respect
to Meyers'services and any othersubject rnatter heeof and supercedes alloral negotiations and
prior witings vr'lth respecl to any subject rnatter hereof or thereof. No rngdification or \aiver of
any terms of this Agreernent shall be valid and binding unless agreed to in writing by Meyers and
Client. A Maiver of any specific term hereof shall not be deemed to constitute a uarver of any
othel term hereof, nor shall a t€iver of any one or rpre occasions be deerned to imply or
constitute a uaiver of the same or any other term on any other occasion.
Severabilitv. \Merever possible, each provision of this Agreement shall be interpreted in such a
manner as to be erfeqtive and valid under applicable law, but if any pror'ision of this Agreement
shall be prohibited by or invalid under applicable law, such prorision shall be inefective to the
extent of such prohibnion or invalidity, Mhout invalidating the remainder of such provision or the
remaining provisions of this Agreement.
Enforceabilitv. This Agreement has been duly executed and delivered by each of Meyers and
Client and constitutes the legal, valid and binding obligations of each ot Meyers and Client
enforceable against each of Meyers and Client in accordance with the terms hereof, subject to
applicable bankuptcy, insolvency and slmilar la,i\E affecling the rights of creditors generally. and
general principles of equity.
Counteroarts. This Agreernent and any amendrnents, waivers or supplements to this Agreement
may be executed in any number of counterparts, each of Mich \ilhen so executed and delivered
shall be deenEd to be an original. Facsimile copies of signatures shallbe deemed equally binding
as originals.
267U03 t8511-0001
?610421 2 a00/00/00 -8
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14. 2019
Page 7
7 ACCEPTANCE
Sincerely,
Timothy P. Sullivan
Senior Managing Principal. Meyerc Research, LLC
Agreed and Accepted: CITY OF MENIFEE
Pleose chetk scooe of work ooprcved:
O Retail
O Both Retailand Office done concurrently
Signature:
Print Name:
Date:
RC41E19
Meyers
RESE ARC H
We look lorward to v,orking with you. The signed propGal rnay be sent via e-rnail or can be
taxed to (858) 704-4097.
$16.000
$u,0m
2671/031E58-0001 -9-
d-
Ms. Gina Gonzalez
CITY OF MENIFEE
June 14. 2019
Page I
Meyers
RESE A RC H
MEYERS RESEARCH COIlIMERCIAL EXPERTISE ANO EXPERIENCE
MeyeE Research combines experienced real estate aad technology advisors wth leading data to
provide aur cliants with a clear perspectrve and a shategic path forward Our commcrcial expertise
incLudes
Retail development inclLrd ng stand-alone restaurants. in-lrne shops groLlnd floor retail.
neighborhood/ commLrnit/ shopping centers. regional malts. outlet centers. other specialty
c€nters ard repositioolng ot existng retarl product
lndustdal development including warehouse/distribd,on and flex/R&D paodl./ct in urban and
subLrrLEn locations as well as .epositioning of existing indlstrial product
Hotol development rnclldrng lndependent and branded ('Ilag ) hotets resorE and rnultj
phased hotel opportlrnities in domestic and internationat locatons.
Offlce development including Class A and Class B product in urban and sububan locations
as well as medical offce ffoduct and repositiontng of existir! office product
Othor Commorclal lJses such as self-storage. education (day care) and retigious fucilitjes.
Our analytica I a pproach ,or commercial str.rdes includes the following processes.
Locallonal Analtlsls: we consrder access. traffic levels nearby Ltses. transportation linkages
locatron of seNices, etc
Market Tr6nds: we nclude regional and local rnarket conditjons by comp ing and analyzing
statstrcs sLrch as annual delivefles. leag ng actjvlty lease rates vacanc.!, absorptton etc
Supply Assessmentt \de identfy and inventory extsting compettion ioctudlng building stle.
access and location spec ia I features/attractions quality ofiactlittes. age and reputation tenant
mrx/types. reohl r€tes, vacancy ra€s eh We also summad:e reievant planned commercial
developments rn the local area.
Oomand Anal)6is: our methodology for clmmelclal uses vary For retail analysls. we
estimate demand for retail space tn various tade areas by Ltndetstanding annual revenues at
existjng rebile15 in the,oca malket (sripply) as compared to lesidentconsumer expendit!res
(demand) to determine the level of rctental demand for additional retail uses. For oflice and
indLrstnal analysis. we estimate demand for office/ irtusfial space in the greatea market and
at the Sublect by conductng an analyrs that is based on job grov,th projectons. For hotel
analysis. we forecast room Tates and occupa ncy rates along wth hobl delivenes in Ute pipeljne
to determine the opportunty for additional hotel(s) at a given sobject property
Product Recommendations: we summan:e the findings from our rEs€arch in a concEe
ma*et report that addresses the most deal mL\ ot uses for a given site. what specrfic tenants
may be good taagets for thrs demand and what can be exFEcbd rn terms of le€se raEs/ room
rates. occuFancy and ab6orption erpectations
267tl031858-0001
7610421.2 a00/00/00 - t0-
Ms Gina Gonzalez
CITY OF MENIFEE
June'14, 2019
Page 9
Meyers
RE 5 EA RCH
SELECT COMMERCIAL EXPERIENCE
Meyers prgrfldes detailed asslsEn@ with the plannrng for and implenlentatron of comrnercral
and mxed-use da/elopnEnt Ourservrces include integrating sustainability into the mainstream
development using macroeconomic analysis, coordrnation wth the deJelopnent and sales team,
competitive analysis and skateglc planning for proposed developments. The follo\eing is a
selection ot commercral properties our combined team has assessed:
M.t Bi.kr.h t!.rred.t}v a.mm.r.a.l trudlB
r.rcEvr.l.tohm'drr
^ndY'r'
r cohn hltrd.r.lvc!rdd
t lolhvllli.fDt.&.r.t
chh.lirrr rilproYdd c..r.r
r.db.m ir.rll. rvir.d u.
r,io,llllll ! lr.l.a. sr!.e
rulmm ltill ird.vC.F,Hr
e*til. rd. C..rrtne tr
o..D lllum Crrlr. Otne
bdnr C..rlrtor/ VA
'i6thtr
,addond i.d.!.loD6.m tn.
s. /^rvi..n/onk /id..
Orno/id{U rrSB/tFo
r.^/^pvi.rruonb/Hdd
i.^/^orli.rrlroiad/rldlr
3I^/sto/AeVbho/lid/onl'
i.t[. Otna, S.li slont!
kra. orno. 9.ll sr.rar
sr /sf D/APvr.r.rrlofi re
sF /sf o/^wrndln.i.r/ofl re
!. E O/^rv..-/oiflE
st^/Lo/^rrlbrr/o{la
ol s'n f,tMr(l.'ld rru5llt
.n5ld.tnv.nm..!Pen.E
rrdn.rr...nbron Holdlrys
267tl03185E-000t
7610.121 2 a00/00/00 -ll-
Ms. Gina Gonzale:
CITY OF MENIFEE
June 14, 2019
Page 10
Meyers
RE5EARCH
MEYERS RESEARCH
Meyers Research combines experienced real estate and technology advisors vrth leading data
to provide our clients wth a clear perspectue and a strategE path forlllard.
Our expertis€ rncludesl
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THE ADVISORY TEAM COMPLETED
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THE U.S, IN THE LAST YEAR
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RESEARCH
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Our lPad Appwith RealTinE Housing and Economic Data
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