Menifee City Council
May 17, 2023

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On May 4, 2022, in preparation of construction activities, staff presented to Council the COZEEP Agreement and Resolution No. 22-1147 for the required traffic control services. Requested COZEEP services were anticipated not-to-exceed $45,264, which would cover approximately 15 days of traffic control services. The Project’s construction manager has since estimated that an additional 30-days of traffic control services would be required to cover all anticipated I-215 closures. Due to the increased number of days required and the increased CHP reimbursement rates, the proposed Amendment would increase the Agreement by $100,000, for a total not-to- exceed value of $145,264. Additionally, due to unforeseen utility relocation delays, the Project timeline has been extended and the existing Agreement term must also be extended to accommodate the new timeline. The original Agreement is set to expire on July 31, 2023, and this Amendment would extend the terms through July 31, 2024. Updated rates for CHP personnel under the Agreement are summarized in Table 1 below:

Table 1- CHP Reimbursement Rates
Classification Overtime Hourly Rate
CHP Officer Overtime $113.58
CHP Sergeant Overtime $143.68
CHP Automobile $1.51/mile
Execution of the proposed Amendment No. 1 to the Agreement requires authorization as the total value exceeds the City Manager’s authority. Approval of this Amendment is required to avoid further delays to the Project schedule.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The total fiscal impact for Amendment No. 1 would be $100,000. Available funding for Amendment No. 1 has been identified in the Project’s Fiscal Year 2022/2023 Budget from General Fund, as summarized in Table 2 below:

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of Additional
Services
DIF Citywide -
Circulation
Holland Road
Overpass 526-4555-58021 $749,803 $100,000

ATTACHMENTS

1. Project Location Map

2. Proposed Amendment No. 1

3. Standard Agreement Summary
Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 2
Menifee Mayor and City Council
May 17, 2023
Page
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Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 3
Menifee Mayor and City Council
May 17, 2023
Page
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2720-22R685000
2720-22R685000 1
Department of California Highway Patrol
City of Menifee
05/17/2023
07/31/2024
$145,264.00 One Hundred Forty Five Thousand Two Hundred Sixty Four Dollars and Zero Cents City of Menifee
29844 Haun Road Menifee CA 92586
Armando G. Villa City Manager
Department of California Highway Patrol
601 North 7th Street Sacramento CA 95811
A.V. Ehmka Procurement Manager, Business Services Section

SAMPLE - PENDING CHP
Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 4
Menifee Mayor and City Council
May 17, 2023
Page
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 5
Menifee Mayor and City Council
May 17, 2023
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 6
Menifee Mayor and City Council
May 17, 2023
Page
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 7
Menifee Mayor and City Council
May 17, 2023
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 8
Menifee Mayor and City Council
May 17, 2023
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 9
Menifee Mayor and City Council
May 17, 2023
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 10
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May 17, 2023
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 11
Menifee Mayor and City Council
May 17, 2023
Page
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 12
Menifee Mayor and City Council
May 17, 2023
Page
696 of 1033

Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 13
Menifee Mayor and City Council
May 17, 2023
Page
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 14
Menifee Mayor and City Council
May 17, 2023
Page
698 of 1033

Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 15
Menifee Mayor and City Council
May 17, 2023
Page
699 of 1033

Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 16
Menifee Mayor and City Council
May 17, 2023
Page
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Item Title: 10.11
Agreement

Amendment

with

the

State

of

California,

Department

of

California

Highway

Patrol

for

Traffic

Control

Services
for the Holland Road / I-215 Overpass Project
Item Page Number: 17
Menifee Mayor and City Council
May 17, 2023
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with the City of Murrieta for Dispatch Services
MEETING DATE: May 17, 2023
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Assistant to the City Manager REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the First Amendment and Restatement of the Dispatch Service Agreement with the City of Murrieta, administratively memorializing existing practices as they relate to the allocation of operational program costs and data access.

DISCUSSION
In July 2019, the City of Menifee entered into an agreement with the City of Murrieta to provide dispatch services through July 1, 2030. Under the terms of this agreement, the City of Murrieta added personnel to respond to emergency / non-emergency calls for service in the City of Menifee while operating the dispatch center serving both cities. This partnership enables both agencies to consolidate resources and gain operational efficiencies in providing police dispatch services.

As we enter the fourth year of the Menifee Police Department operations, staff have identified the need for refinements to several provisions within the Agreement to better reflect existing operational costs as well as data retention, access, and support requirements. This includes more clearly defining the calculation used for establishing the fully burdened hourly rate (FBHR) associated with police dispatchers, dispatch supervisors, and support personnel including salaries, benefits and indirect overhead costs associated with dispatch operations. The amended agreement also provides for activity-based cost allocation for dispatchers and dispatch supervisors based upon inbound and outbound emergency / non-emergency calls, and computer aided dispatch (CAD) entries, including self-initiated, dispatched, and not dispatched calls for service. This approach establishes an equitable distribution of costs based on actual dispatch center activity occurring between January 1 and December 31 of each year.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 1
Menifee Mayor and City Council
May 17, 2023
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City of Menifee Staff Report
First Amendment and Restatement of the Dispatch Service Agreement May 17, 2023

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Additionally, the amended Agreement more clearly defines how dispatch records are treated, including real-time access to data along with technical support when connectivity issues arise.

The amended Agreement presented for adoption, reflects the provisions mutually agreed upon by staff in both agencies, memorializing existing practices as they relate to the allocation of operational program costs and data access.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
Funding for police dispatch services under the terms of the Agreement are included in the Fiscal Year 2022/2023 operating Budget within Account No. 100-4911-52750 and 105-4911-52750. No additional budget appropriation action is required. Funding for future years will be budgeted in the appropriate Police Department accounts.

ATTACHMENTS

1. First Amendment and Restatement Dispatch Service Agreement

2. First Amendment and Restatement Dispatch Service Agreement - Redlined

3. Original Dispatch Service Agreement
Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 2
Menifee Mayor and City Council
May 17, 2023
Page
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101375.0010/872796.1

FIRST AMENDMENT AND

RESTATMENT OF DISPATCH

SERVICE AGREEMENT BETWEEN

THE CITY OF MURRIETA AND THE

CITY OF MENIFEE
This First Amendment and Restatement of Dispatch Service Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF MURRIETA, a municipal corporation (hereinafter "Murrieta"), and the CITY OF MENIFEE, a municipal corporation (hereinafter "Menifee"). Murrieta and Menifee may be individually referred to as a "Party" and collectively referred to as the "Parties".

RECITALS
A. On July 1, 2019, Murrieta entered a “Dispatch Services Agreement” (“Original Agreement ”)with Menifee to provide dispatching services for the Menifee Police Department.

B. Pursuant to Section 6 of the Original Agreement, the parties have met and conferred regarding proposed modifications and changes to the Original Agreement.

C. This Agreement amends and restates the Original Agreement in full.

D. Menifee has formed a police department to enhance the public health, safety, and welfare of its residents.

E. Murrieta has recently updated its facilities and technology related to dispatch services for its public safety services, including its police department.

F. Menifee desires to have Murrieta provide dispatching services for Menifee's police department, and Murrieta is willing to perform such services to increase efficiencies and provide better services to the respective police departments and communities.

G. Due to the increased call volumes resulting from providing dispatch services for Menifee, twelve (12) dispatcher positions will be added to the Murrieta dispatch center in the first year of implementation.

Staffing level for subsequent years will be agreed upon by Murrieta and Menifee Chiefs of Police. Menifee acknowledges that Murrieta is hiring the new dispatchers specifically to account for the increase in call volume that will occur with providing the dispatch services called for by this Agreement and that Murrieta would not otherwise be hiring such dispatchers.

H. Similarly, Murrieta providing dispatch services to Menifee will require hardware and software upgrades of the existing Central Square CAD and RMS system, including licensed ancillary modules, to the multi-agency versions of the software. Menifee shall pay for such upgrades and all implementation costs related to the software system upgrade, including hardware, to enable the software for Murrieta staff to provide police dispatching services to both Parties.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 3
Menifee Mayor and City Council
May 17, 2023
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201375.0010/872796.1
I. Murrieta providing dispatch services for Menifee will enhance deployment and communication during critical incidents for both cities, and updated compatible technology will improve the interoperability of the adjacent cities.

J. A single dispatch center will also result in cost savings and increased efficiencies for both cities.

K. The expansion of Murrieta's dispatch capabilities to accommodate Menifee's dispatch needs will cause Murrieta to incur substantial start-up and ongoing costs on Menifee's behalf, including dispatcher recruitment costs; supervisory, administrative, and technical support as well as technology hardware and software costs.

L. The Parties agree and acknowledge that this Agreement is guided by the following three core principles: (i) Dispatch services can be provided more effectively and efficiently to both Menifee and Murrieta through the operation of a single dispatch center serving both communities; (ii) the type and quality of services to be received by Menifee under this Agreement shall be equivalent to those provided to Murrieta, and (iii) the compensation provisions in this Agreement are based on a total cost recovery model, with the intent that Menifee pay to Murrieta the full cost (nothing more and nothing less) of the services that it provides to Menifee hereunder, i.e., Menifee shall reimburse Murrieta for Menifee's pro-rata share as described in Exhibit B of this agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true and correct and accurately reflect the intent and understanding of the Parties.

2. DEFINITIONS. The following defined terms shall have the following meanings:
a. "Annual Technology Maintenance Costs" means the cost paid by Murrieta on a yearly basis to license, operate, maintain, and upgrade the computer software used to provide dispatching services; the cost paid by Murrieta for radio, voice, and data communications lines, circuits, and equipment between the two agencies; and the cost paid by Murrieta for mapping and GIS services. The Annual Technology Maintenance Costs shall be adjusted on an annual basis to reflect the actual costs incurred by Murrieta for those services. b. "CAD" means computer-aided dispatch.
c. "Call For Service" means all incoming phone calls, all onview events in CAD that generate an incident number, and all onview events in CAD that do not generate an incident number.

Call For Service includes received calls, dispatched calls, and officer-initiated calls. d. "Data Conversion Costs" means the costs incurred by Murrieta in converting data or information into a format and onto devices suitable for transfer to Menifee, which conversion and transfer shall occur upon the expiration or earlier termination of this Agreement. All costs for data conversion associated with Menifee's data shall be Menifee's responsibility.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 4
Menifee Mayor and City Council
May 17, 2023
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301375.0010/872796.1
e. "Dispatch Services" means the services described in Exhibit A, which Murrieta shall provide to Menifee in accordance with the terms and conditions contained in this Agreement.

Such services are intended to result in Murrieta's provision of services to Menifee that are equivalent in type and quality to the services that Murrieta currently provides to its public safety departments.
f. "Costs for Service" means the ongoing cost of providing Dispatch Services to Menifee, as calculated pursuant to Exhibit B.
g. "Effective Date" means July 1, 2019.
h. "Extra Work" means work in addition to the Dispatch Services that the Parties determine to be necessary for the proper execution of the Dispatch Services, and which Menifee has requested in writing that Murrieta perform.
i. "Force Majeure" means the following acts of God: strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind by the government of the United States or of the State of California or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of the Party obliged to perform under this Agreement. j. "Go Live Date" means July 1, 2020.
k. "Menifee Calls For Service" means the Calls For Service that originate within the jurisdictional limits of Menifee or a mutual aid call to which Menifee responds.

1. "RMS" means records management system.
m. "Start-Up Costs" means the costs incurred after the Effective Date in connection with the expansion of Murrieta's dispatch capabilities in order to provide Dispatch Services to Menifee. Start- Up Costs include, but are not limited to, costs related to the recruitment, hiring, and training of necessary dispatch and related personnel; infrastructure improvements to the existing Murrieta dispatch center; acquisition of equipment and software; and costs for services provided by existing Murrieta personnel to implement and facilitate this Agreement. Startup Costs will also include costs for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data browsers/mobile data communicators and all related licenses and appurtenances. Without limiting the foregoing , Start Up Costs shall include the full cost of Murrieta's purchase and implementation (including hardware) of an upgrade to the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software, as necessary to enable the software and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated Start- Up Costs is provided in Exhibit C.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 5
Menifee Mayor and City Council
May 17, 2023
Page
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401375.0010/872796.1
n. "Start-Up Period" means the period from the Effective Date to the Go Live Date. o. "Start-Up Services" means Murrieta's implementation of such infrastructure and technology upgrades and improvements, equipment purchases, employee recruitments hirings, other personnel decisions, and training of Murrieta and Menifee personnel as necessary to provide the Dispatch Services to Menifee by the Go Live Date. p. "Technology Costs" means the amount Menifee pays to Murrieta for the technology used to run the software and hardware used to provide dispatching services, including both (i) contributions to capital costs for the dispatch software, technology, and systems already in place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are based on Menifee's proportionate use of the dispatch center and is subject to annual adjustment by Murrieta. A description of the method for calculating Menifee's share of the Technology Costs is provided in Exhibit B.

3. TERM. This Agreement shall commence on the Effective Date and shall expire ten (10) years from the Go Live Date, which the Parties intend to be July 1, 2030 (the "Termination Date"), unless it is terminated earlier in accordance with Section 8, below.

4. SERVICES. Murrieta shall provide the following services to Menifee. a. Start Up Services. During the Start-Up Period Murrieta shall provide the Start-Up Services to or for the benefit of Menifee. Such services include the hiring of additional dispatch staff. New hires will be employees of Murrieta and subject to Murrieta's rules and regulations, which include training and probationary periods.

1. The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully performed and this Paragraph 4(a) has no further force or effect. b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services shall be allocated equally between the Parties and according to Murrieta's standard operating procedures and this Agreement.
c. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation between the Parties and may be influenced by whether Menifee timely provides complete and accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in recognition of the public health and safety concerns associated with the provision of such services.

1. The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result this Paragraph 4(c) has no further force or effect.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 6
Menifee Mayor and City Council
May 17, 2023
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501375.0010/872796.1
d. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written authorization from Menifee.

5. COMPENSATION, Menifee shall provide the following compensation to Murrieta. a. Start-Up Costs
i. Payment Obligation: Menifee shall pay Murrieta for the Start-Up Costs in accordance with the invoicing procedure set forth in Section 5(d). ii. Estimated Amount: The Parties currently estimate that the Start-Up Costs will be as set forth in Exhibit C. At such time as the total invoices for Start-Up Costs exceed eighty percent (80%) of the estimated Start-Up Costs as set forth in Exhibit C, the Parties shall meet and confer to revise the estimated Start-Up Costs as necessary.

Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta. iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a result, this Paragraph 5(a) has no further force or effect. b. Costs for Service
i. Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount and subject to the adjustments specified in Exhibit B. The Parties acknowledge that the Costs for Service include ongoing personnel costs (dispatchers and non- dispatcher support and supervisory personnel) and Technology Costs incurred by Murrieta as necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge that some of the Costs for Service will commence and may be invoiced prior to the Go Live Date.
ii. Estimated Amount: The Parties currently estimate that annual Costs for Service will be as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior notice, the Parties shall meet and confer to discuss any current or forecasted changes in the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit B are estimates only and that it is responsible for all Costs for Service incurred by Murrieta.
iii.Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that cities use to estimate full cost of employee’s time. If a city were to use a simple hourly rate to charge for services associated with an employee, the reimbursement would not cover any of the other expenses associated with the services rendered. The FBHR calculation includes salary, benefits, and other costs reasonably attributable to the employee. The cost elements that are included in the FBHR calculation are as follows:
•Salary and Benefits;
Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 7
Menifee Mayor and City Council
May 17, 2023
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601375.0010/872796.1
•Operating Cost applicable to the dispatch center; and
•Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).

These combined amounts reflect the actual cost associated with an hour of each employee’s time. The term "indirect overhead costs," as used herein, applies to costs originating in the those departments that provide support and services internally to operating departments that conduct the day-to-day operations necessary to serve the community. In order to determine the indirect overhead cost, Murrieta will engage an subject-matter expert consultant to prepare the CAP. An important factor in determining the FBHR is in the calculation of productive hours for personnel. For the purpose of this agreement, the productive hours are two thousand and eight hours (2,080). Murrieta is to engage a subject- matter expert consultant to complete the FBHR by March of each year. iv. Activity-Based Cost Allocation Methodology: An equitable methodology to allocate cost of dispatch services is based on the following criteria: All Inbound and Outbound phone calls to include 9-1-1 calls, ten-digit emergency line and non-emergency lines (inclusive of calls for Murrieta Police Department, Murrieta Fire Department, and Menifee Police Department). Additionally, all CAD entries, including self-initiated, dispatched, and not dispatched calls for service, will be included. This methodology allows for an equitable share of cost based on actual activity being performed by the dispatch center. The number of calls and location information is recorded and available in the CAD system. The percentage allocation will be based on a calendar year basis from January 1 st through December 31st and such report will be completed by March of each year. c. Extra Work: Menifee will compensate Murrieta for Extra Work at rates or charges agreed to in writing by the Parties.
d. Invoicing Procedure: Murrieta shall submit invoices to Menifee on a quarterly basis. The invoices shall be based on actual costs incurred by Murrieta to ensure full cost recovery. The invoices shall identify whether the charges included are for Start-Up Costs or Costs for Service and shall include sufficient back-up documentation to demonstrate that the costs are appropriately categorized as either Start-Up Costs or Costs for Service. Menifee shall pay the quarterly invoices within thirty (30) calendar days of receipt of the invoice. After thirty (30) calendar days, payment shall be considered late and a default subject to termination for cause under Section 8 of this Agreement.

6. ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of the City of Menifee are the designated and authorized representatives of Murrieta and Menifee respectively for purposes of administration of this Agreement. The Police Chiefs, or their designees, shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues, including changes to service delivery and appropriate staffing level; (iii) technical issues related to information technology and system components; and (iv) dispatch operational issues related to field unit reporting and system status management.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 8
Menifee Mayor and City Council
May 17, 2023
Page
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701375.0010/872796.1

7. ADDITIONAL USERS OF THE DISPATCH CENTER. The Parties acknowledge and agree that Murrieta may provide dispatch services to other agencies, including currently providing dispatch services for the Murrieta Fire Department, without the consent of Menifee. If Murrieta provides dispatch services to another agency other than the Murrieta Fire Department, the Technology Fee and the Dispatch Services Costs shall be reduced by the decrease in percentage based on the Menifee Calls for Service to the total Calls For Service dispatched by Murrieta. Murrieta will require any other agency that wants dispatch services to pay a "Buy-In Fee" and pay their proportionate share of fees and costs as reasonably determined by Murrieta. Without limiting the foregoing, the additional agency be memorialized in an amendment of this agreement that adds the new agency as an additional party and describes the corresponding modifications to the Parties respective of rights and obligations.

8. TERMINATION
a. Termination Without Cause . Neither Party may terminate this Agreement without cause prior to July 1, 2025. From and after January 1, 2024, either Party may elect to terminate this Agreement by providing written Notice of Intent to Terminate to the other Party. Any termination effectuated by this Section 8(a) shall take effect eighteen (18) months following delivery of the Notice of lntent to Terminate.
b. Termination for Cause. The Parties agree that there is a public health and safety obligation to use every effort to ensure uninterrupted and continuous delivery of Dispatch Services to Menifee even in the event of a material breach, and even if Murrieta disagrees with the alleged determination of material breach. Consistent with the foregoing, this Agreement may not be terminated for cause unless and until the dispute resolution procedures set forth in Section 9 have been followed to completion.
c. Ownership of Data and Equipment on Termination. Upon the expiration or termination (with or without cause) of this Agreement, all equipment then present in Menifee Police Department vehicles and/or on Menifee property shall become the property of Menifee, and all equipment then present in the Murrieta dispatch center and/or otherwise on Murrieta property shall remain the property of Murrieta. All data and information (“Records”) relating to Menifee and/or dispatch operations for the benefit of Menifee shall be conveyed by Murrieta to Menifee in a format suitable for use by Menifee. Menifee shall pay for all Data Conversion Costs, and Murrieta shall otherwise cooperate with Menifee in its transition to a new dispatch service provider. Copies of any Records so transferred to Menifee may be destroyed by Murrieta and Murrieta has no duty, under this agreement, to retain such copies once transferred. Any Records not transferred to Menifee shall be maintained or destroyed in accordance with the adopted Murrieta retention schedule. d. Expenses on Termination. lf Menifee elects to terminate this Agreement without cause pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta; (ii) all costs for services provided up to the date of termination; (iii) all costs for personnel terminations resulting from the termination of the Agreement including, but not limited to, any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 9
Menifee Mayor and City Council
May 17, 2023
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also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs within thirty (30) days of receipt of an invoice from Murrieta for such Costs.

9. DISPUTE RESOLUTION. Any disputes under this Agreement, including but not limited to termination for cause, shall be subject to the dispute resolution procedures herein. a. Meet and Confer. lf either Party (i) disputes the other Party's interpretation of this Agreement;· (ii) disputes the sufficiency of the other Party's performance under this Agreement, including cost of service or billing; or (iii) contends there has been a material breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The City Manager and Police Chief of Murrieta shall be the authorized dispute resolution representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the authorized dispute resolution representatives for Menifee. b. Mediation.
i. Initiation of Mediation: If a dispute is not resolved through the meet and confer process, either Party may initiate a mediation process by giving written Notice of Mediation to the other Party.
ii.Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the Parties shall mutually select one person to mediate the dispute, which person shall be a qualified professional with expertise in the subject matter of the dispute. Neither Party may unreasonably withhold, delay, or obstruct the selection of a mediator. iii. Commencement and Completion of Mediation: The mediation shall be completed within forty-two (42) days of the selection of the mediator. The mediation shall be conducted in accordance with procedures chosen by the mediator. iv. Mediator's Recommendation: If the mediator is unable to resolve the dispute during the mediation, the mediator shall submit specific and written recommendations for full resolution of the dispute within fourteen (14) days thereafter. The Parties shall consider the written recommendations of the mediator.
v. Mediation Costs: The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either Party by the mediator for good cause shown.
c. Termination following mediation. If the dispute is not resolved through the meet and confer process or the mediation process, then the Party that receives a favorable recommendation from the mediator may move forward with terminating the Agreement. Termination shall be effective thirty (30) days after written notice of termination by the aggrieved Party.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 10
Menifee Mayor and City Council
May 17, 2023
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10. INSURANCE. Both Parties shall maintain sufficient insurance, self-insurance, or a combination thereof to comply with the following requirements and, if requested, each Party shall furnish to the other Party certificates of insurance evidencing the required coverage. No policy providing the required coverage may be canceled or liability limits reduced without first providing the other Party thirty (30) days' written notice.
a. Insurance Coverages. Each Party shall, throughout the duration of this Agreement, maintain insurance, self-insurance, or a combination thereof to cover itself, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth here.
i. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $10,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage. ii. Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") "claims made" coverage shall be maintained in an amount not less than $2,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation coverage shall be maintained as required by the State of California.
b. Endorsements. Each Party shall obtain endorsements to the insurance policies with the following provisions:
i. The other Party (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured" on the commercial general liability insurance policy.
ii. As to automobile and commercial general liability policies, for any claims related to this Agreement, Menifee's coverage shall be primary insurance with respect to Murrieta. Any insurance maintained by Murrieta shall be in excess of Menifee's insurance and shall not contribute with it.
c. Notices of Cancellation. Each Party shall notify the other Party if any policy required by this Agreement is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.

If any required insurance policy under this Agreement is cancelled, the Party procuring that policy shall immediately obtain a replacement policy.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 11
Menifee Mayor and City Council
May 17, 2023
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d. Proof of Insurance. Each Party shall provide the other Party with evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the receiving Party, before either Party signs this Agreement.
e. Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of any insurance policy required by this Agreement, the insured Party shall provide the other Party with a substitute certificate of insurance.

11. NONDISCRIMINATION . The Parties shall each comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. The Parties shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, or any other classification prohibited by state or federal law.

12. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

13. CONFIDENTIAL INFORMATION AND RECORDS REQUESTS.
a. Confidential Information. The Parties acknowledge and agree that personnel, proprietary, trade secret, and other information that is otherwise exempt from disclosure under the California Public Records Act or any recognized privilege, doctrine, or law (collectively "Confidential Information") shall be handled as strictly confidential information, and shall be disclosed only to the extent otherwise mandated by state law, federal law, a properly issued subpoena, or a court order. The Parties agree to immediately advise one another upon the receipt of any request, demand, or order seeking Confidential Information and to reasonably cooperate with one another in responding to any such request, demand, or order.

The terms of this Section 13 shall survive termination of this Agreement. b. Records Requests. If Menifee receives any request for documents pursuant to the Public Records Act or other applicable law or court order, Menifee shall be solely responsible for responding to said request. When such requests seek information in the possession, custody, or control of Murrieta, Murrieta shall use its best efforts to provide reasonable assistance to Menifee in responding to said request. Notwithstanding the foregoing, Murrieta shall not be responsible or liable to either the requestor(s) or Menifee as a result of Murrieta's inability to respond to a document request, so long as Murrieta demonstrates it exercised its best efforts to provide reasonable assistance.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 12
Menifee Mayor and City Council
May 17, 2023
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14. INDEMNIFICATION,
a. Menifee. Menifee shall indemnify, hold harmless, and defend Murrieta (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Menifee's willful misconduct or negligent performance, or failure to perform, under this Agreement. b. Murrieta . Murrieta shall indemnify, hold harmless, and defend Menifee (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Murrieta's willful misconduct or negligent performance, or failure to perform, under this Agreement. c. Exception for Willful Misconduct and Sole Negligence. Notwithstanding Sections 14(a) and 14(b), neither Party shall have any obligation to defend or indemnify the other Party if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of the Party to be indemnified.

15. FORCE MAJEURE.

If by reason of Force Majeure a Party is unable, in whole or in part, to perform any of its obligations under this Agreement, such Party shall not be in default, and its performance obligations shall be tolled, during the continuance of such inability.

16. RELATIONSHIP OF THE PARTIES.
a. In General. Nothing contained in this Agreement is intended to, nor shall it, be construed in any way to be a joint powers agreement of any kind. Neither Menifee nor any of its agents shall have control over the conduct of Murrieta or any of Murrieta's employees, except as set forth herein.

Neither Party's employees shall acquire or be (or become) entitled to any of the rights, privileges, powers, or advantages of the other Party's employees including, but not limited to, the right to any compensation, benefits, or pension benefits of the other Party's employees.

Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume any liability for direct payment of any salary, wage or other such compensation to any person employed by Murrieta to perform the services described in the Agreement. Murrieta shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of Menifee.
b. No Promise of Future Contract for Dispatch Services . Nothing in this Agreement shall be interpreted to imply that Murrieta must maintain any contractual relationship with Menifee on a continuing basis after the termination of this Agreement. c. Murrieta Retains Daily Control of Dispatch Services . Murrieta is responsible to provide the Start-Up Services and Dispatch Services as set forth in Exhibit A, and to reasonably Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 13
Menifee Mayor and City Council
May 17, 2023
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cooperate with Menifee to ensure those services are delivered in an effective and efficient manner. Subject to the foregoing, (i) Murrieta is the final authority and is not required to comply with daily instructions from Menifee staff with respect to when, where, or how Murrieta must perform the Start-Up Services and Dispatch Services; (ii) Murrieta is solely responsible for determining who, under supervision or direction of Murrieta, will perform the Start Up Services and Dispatch Services; (iii) Menifee will not hire, supervise, or pay any employees working for Murrieta pursuant to the Agreement during such employee(s)' period of employment with Murrieta; and (iv) Murrieta shall be solely responsible for setting the hours in which Murrieta performs or plans to perform the Start-Up Services and Dispatch Services.
l 7. ADDITIONAL DOCUMENTS AND AGREEMENTS. The Parties agree to cooperate in the execution of any additional policies and procedures, instruments, and conveyances, which may be required to carry out the terms of this Agreement.

18. WARRANTY. Murrieta provides the hardware, software, and ancillary systems necessary to the provision of the Dispatch Services without any warranty or condition, expressed or implied. Murrieta specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Menifee acknowledges that the hardware, software, and ancillary systems may not operate totally without interruption. Murrieta makes no representations, warranties, or guarantees regarding uptime for the hardware, software, and ancillary systems. Murrieta agrees to pursue remedies through the vendor for the systems to all software problems arising from software provided by the vendor. Remedies for problems arising that are caused by circumstances outside of the vendor's control (network connection issues, user errors, hardware failures, etc.) shall be pursued by Murrieta until a resolution is achieved. If a total or partial failure should occur, Murrieta Police dispatch shall continue to dispatch for Menifee using whatever manual methods may be necessary and provide the same level of service they would for Murrieta Police.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 14
Menifee Mayor and City Council
May 17, 2023
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19. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective Party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a Party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either Party may modify their respective contact information identified in this section by providing notice to the other Party.

TO: Murrieta
Attn: Police Chief
2 Town Square
Murrieta, CA 92562
TO: Menifee
Attn: Police Chief
29844 Haun Road
Menifee, CA 92586
With a Copy To:

City Attorney
1 Town Square
Murrieta, CA 92562
With a Copy To:

City Attorney
29844 Haun Road
Menifee, CA 92586

20. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.

22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Riverside.

Item Title: 10.12
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May 17, 2023
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23. ASSIGNMENT AND DELEGATION. Neither this Agreement, nor any portion hereof, shall be assigned or transferred, nor shall any of the Parties' duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written consent of the other Party, shall be void and of no force or effect. Consent by a Party to one assignment shall not be deemed to be consent to any subsequent assignment.

24. SUCCESSORS. This Agreement shall bind and inure to the benefit of all duly authorized successors and assigns of the Parties.

25. MODIFICATIONS. This Agreement may not be modified, orally or in any manner, other than by an agreement in writing signed by duly authorized representatives of both Parties.

26. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

27. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

28. ENTIRE AGREEMENT. This Agreement, including all documents and exhibits incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the services provided hereunder. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

29. LITIGATION EXPENSES AND ATTORNEYS' FEES. In the event that any action is brought by either Party to construe this Agreement or enforce any of its terms, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs incurred, whether or not the matter proceeds to judgment.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective Parties.

31. COUNTERPARTS. This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 16
Menifee Mayor and City Council
May 17, 2023
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IN WITNESS WHEREOF, Murrieta and Menifee do hereby agree to the full performance of the terms set forth herein.

CITY OF MURRIETA CITY OF MENIFEE
By: Kim Summers
Title: City Manager
Date:

By: Armando G. Villa
Title: City Manager
Date:

ATTEST: ATTEST:

By: Cristal McDonald, MMC
City Clerk
APPROVED AS TO FORM:

By: Tiffany Israel
Title: City Attorney
By: Stephanie Roseen,
Acting City Clerk
APPROVED AS TO FORM:

By: Jeffrey T. Melching
Title: City Attorney
Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 17
Menifee Mayor and City Council
May 17, 2023
Page
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1 EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement 1, Murrieta shall provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the following:

1. Police General Dispatch Service.
a. Provide all Dispatch Services identified in this Exhibit A to all Menifee police officers. b. Receive and respond to all 911 calls for police services for Menifee twenty-four (24) hours a day, seven (7) days a week. Telephone lines will be answered using a generic greeting such as, "Emergency Services", "9-1-1 Emergency'', or "police services". c. Monitor and reply to all emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
d. Provide call-out notifications as directed by Menifee for incidents requiring response from Menifee Police Department personnel or mutual aid resources. e. Provide after-hour notifications for Menifee Public Works Department personnel. f. Monitor and reply to all non-emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
g. Handle dispatch responsibilities for Menifee SWAT activations. h. Utilize appropriate radio and CAD systems for dispatching services. i. Ensure supervisory awareness of major incidents.

J. Maintain appropriate staffing levels at all times. k. Make telephone calls for Menifee Police Department officers to request tow trucks, taxi cabs, and other resources.
l. Use Menifee unit requirements for dispatching calls for service to Menifee Police Department officers.
m. Prioritize response according to Murrieta policies and procedures. If changes are desired, Murrieta will consult with Menifee prior to implementation of any new response priorities.

Unless otherwise indicated, capitalized terms used in this Exhibit A have the meaning set forth in the agreement to which this Exhibit A is attached.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 18
Menifee Mayor and City Council
May 17, 2023
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1. Police Dispatch Technology Criteria and G uidelines. a. Operate and maintain a computer-aided dispatch system that is capable of:
i. Tracking the status of Menifee's on-duty police units' activity and availability.
ii. Assigning report numbers for incidents.
iii. Ensuring that all systems and electronic interfaces are maintained and working.
b. Utilize the Riverside County Public Safety Enterprise Communications ("PSEC") radio system for dispatch communications.
c. Operate dedicated Murrieta and Menifee radio channels for police operations twenty-four (24) hours a day, seven (7) days a week. During exigent or other mutually agreed upon circumstances, the individual radio channels may be patched together for combined communication.
d. Dispatch Menifee police units based on a call priority of 1, 2, and 3 for urgent and non-emergency calls for service.
e. Transfer all 9-1-1 telephone calls to secondary public safety answering point when appropriate.
f. Maintain and monitor secondary radio channel(s) during special events, incidents, or enforcement activities.

2. Computer-Aided Dispatch (“CAD”) and Records Management System (“RM S”). a. Purchase the upgrade of the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software. b. Install RMS and Web Query on Menifee's workstations. c. Host and maintain the CAD and RMS applications, database, and backups and provide twenty-four (24) hours, seven (7) days a week of operational support of the servers and applications.
d. Murrieta's Communications Manager will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hour (0800 hours to 1700 hours) and after-hour (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address technical and information technology issues.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 19
Menifee Mayor and City Council
May 17, 2023
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e. Maintain and support the existing software license agreement with Central Square. f. Provide the servers, CAD and RMS along with ancillary applications, databases, system administration, and necessary interfaces for the systems. g. In the event Menifee changes their RMS to a provider other than CentralSquare, Murrieta Information System Division shall maintain Menifee’s existing data for a period of one year, unless a shorter period is requested by Menifee. The cost of maintaining the data will be borne by Menifee.
h. Maintain and support the servers and the hardware necessary for the operation of the systems.
i. Monitor new technology to maintain technologically current systems. j. Be solely responsible for determining the hardware and software that will maximize benefits to both Murrieta and Menifee; provided, however, that Murrieta shall consult with Menifee prior to implementing any significant cost increase for hardware and/or software.
k. Provide the ability for Menifee workstations (including Mobile Data Computers ["MDC"]) to perform California Law Enforcement Telecommunication System ("CLETS") queries.
l. Assist Menifee to resolve any issues with the operation of the mobile software as a result of issues with the CAD application.
m. Create network accounts for Menifee to access Murrieta's network and Central Square accounts for Menifee to access CAD and RMS applications within five (5) days of the date that the request is received from Menifee.
n. Be responsible for all CAD file maintenance updates including user accounts, terminals, and quarterly GIS updates.
o. Provide access to the database views for reporting on the CAD data warehouse and RMS database.
p. Report and track issues with the CAD and RMS vendor(s), and test fixes in the test environment before installing fixes into the live production system. q. Murrieta shall provide access to Menifee to the audio logger at Murrieta PD for the purpose of obtaining recordings related to Menifee in order to comply with any California Public Records Act request. Murrieta PD shall provide training to Menifee personnel on using the audio logger, as identified by Menifee’s command staff. A second audio logger will be housed at Murrieta PD to maintain recordings solely for Menifee PD. Menifee assumes all costs related to the second audio logger, including its maintenance.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 20
Menifee Mayor and City Council
May 17, 2023
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r. Provide administrative support and technical support to the Menifee Police Department supervisors or administrators and Information Technology team seeking information from CAD and/or RMS.
s. Provide and send to Menifee PD duplicate CAD and RMS data relating to all Menifee calls and reports, including all attachments, to Menifee PD servers on a real-time basis.

Further, (1) provide immediate notification to Menifee PD and Information Technology departments if the data replication stops for any reason.

3. Network Connectivity.
a. Provide and maintain a point-to-point dedicated connection at Murrieta's dispatch center to establish communications with Menifee's network. b. Provide and maintain a backup dedicated connection for communications with Menifee's network.
c. Provide immediate notification to Menifee PD and Information Technology departments the circuits specified in paragraphs 3(a) and 3(b) are interrupted.

4. Mobile Data Computer System .
a. Provide hardware support for the MDCs or issues related to networking or connectivity between the two agencies. Murrieta will assist Menifee, as necessary, to resolve any issues; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the CAD application. b. Install and maintain the current MDC software and resolve any problems.

5. Ancillary Services.
a. May conduct inquiries for officers into federal, state, and local databases through CLETS and Riverside Sheriff Office Message Switch (Local Warrant System) ("RSOMS").
b. Complete after-hours entries into federal and state databases (MUPS, DVROS, AFS, SVS).
c. Murrieta Communications Manager will be responsible for CJIS audits, yearly training and sign-offs for Murrieta only.

6. Geographic Information System .
a. Work with Menifee to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services. For areas of shared boundaries, duplicates and discrepancies must be resolved before Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 21
Menifee Mayor and City Council
May 17, 2023
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implementation.
b. Update and maintain the Menifee portion of the Geofile ad hoc basis as needed (but no less frequently than quarterly). The changes will be based upon direct geographic information system ("GIS ") files provided by Menifee or agreed upon documentation for Murrieta to input directly.

SERVICES PROVIDED BY MENIFEE: During the term of this Agreement, Menifee shall provide to Murrieta and be responsible for the following actions:

1. Police General Dispatch Service.
a. Provide daily rosters for all patrol shifts to Murrieta at the beginning of each shift. b. Notify Murrieta prior to conducting any operations with an OPS plan, including personnel involved and location.
c. Conform to Murrieta response protocols. Murrieta will collaborate with Menifee in good faith if there are any desired changes to response protocols by either party. d. Conform to Murrieta call types and dispositions. Murrieta will collaborate in good faith with Menifee if there are any desired changes to call types or dispositions by either party.
e. Conform to Murrieta's radio codes.
f. Follow established complaint procedures to address personnel and dispatching issues.

1. Orders received from Murrieta Communications Center related to the operation of the communications center are official department orders and will be treated as such. Menifee personnel receiving such orders shall comply. Wherever practical, Menifee's authorized representatives will be consulted prior to the implementation of new orders or procedures.

11. In the event of a dispute between a Murrieta dispatcher and Menifee field personnel, the dispute shall be referred to the employees' direct supervisors.

The employees' supervisors shall then be responsible for identifying a resolution to the dispute.
111. Issues unrelated to personnel complaints should be addressed at the line supervisor level initially. If resolution is not achieved for any type of issue, it shall be forwarded to authorized representatives for each agency for resolution.
1v. Proposed operational or procedural changes should be directed to the Murrieta Communication Manager and Menifee's authorized representative.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 22
Menifee Mayor and City Council
May 17, 2023
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2. Computer-Aided Dispatch and Records Management System. a. Establish and maintain telephone line(s) services as necessary to support the dispatch consolidation effort outlined in this Agreement.
b. Process all paperwork related to the records function including, but not limited to, records data entry, citation entry, or miscellaneous paperwork not related to the basic dispatch function and respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menifee. c. Submit a request to create a network account and accounts for Central Square CAD and/or RMS applications for a new hire to Murrieta. d. Notify Murrieta immediately of any separated employee so that the respective network and Central Square accounts can be deleted. e. Manage RMS user accounts, all agency specific code table maintenance, UCR, and ad hoc reporting.

Support Menifee's records workstations. Murrieta will assist Menifee as necessary to resolve any issues; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the RMS application. a. Provide all ad hoc reporting (using SSRS or other tools) from the CAD data warehouse and RMS database. Menifee will be provided view access to the databases to create the necessary reports.

3. Network Connectivity.

Provide and maintain a dedicated connection to Murrieta's core network including the installation and maintenance of network connections.

4. Ancillary Services.
a. Menifee Records Supervisor will be responsible for CJIS audits, yearly training and sign-offs for Menifee.
b. Maintain and manage the ORI and mnemonics for M enifee.

5. Mobile Data Computer System.
a. Maintain its own NetMotion server and provide the connectivity of the MDCs to the Murrieta CAD system along with related costs. b. Pay any costs to upgrade the current MDC software to MobileCOM if Menifee elects to upgrade the software.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 23
Menifee Mayor and City Council
May 17, 2023
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c. Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. d. Process audio recording requests for criminal, civil, and internal cases.

6. Geographic Information System.
a. Provide the initial Geofile and Maverick map layers. Menifee will be accountable for the quality of the data.
b. Work with Murrieta to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services.

For areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
c. Provide direct GIS files or agreed upon documentation for Geofile and Maverick map additions and changes on a quarterly or on an ad hoc basis as needed.

Menifee will review and sign off on Geofile changes incorporated by Murrieta on a quarterly basis. Upon sign-off, Menifee will be accountable for the quality of data.
d. Provide AT&T data and site plan/complex card detailed information to supplement the GIS Web Dispatch application.
e. Provide all updated geographic data to M urrieta.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 24
Menifee Mayor and City Council
May 17, 2023
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EXHIBIT "B"
Costs for Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch Services 2 the following:

A. Dispatcher and Dispatch Supervisor Costs.

1. Year One . In the first year, known as the Start-Up Period, Menifee's Dispatcher Costs will be the actual "Loaded Cost" of the dispatchers hired in support of providing Dispatch Services to Menifee, up to twelve (12) dispatchers. Loaded Cost shall be defined as base pay plus benefits._

2. Year Two. In the second year, commencing with the Go-Live Date, Menifee's portion of Dispatcher Costs will be 43% of the "Total Personnel Cost " 3. The Total Personnel Cost shall include the following:
a. The "Fully Burdened Cost" for all dispatchers. Murrieta will calculate the Fully Burdened Cost to include direct and indirect costs such as salaries and benefits without limitation, departmental support, supervision, and administrative overhead, including associated human resources costs; internal service costs; and indirect City-wide overhead costs.

Murrieta agrees to meet with Menifee prior to the Go Live Date to review the components of the Fully Burdened Cost. After meeting, Murrieta shall have the sole authority to determine both the direct and indirect components and to calculate the cost. b. Actual training costs incurred.
c. Overtime costs incurred by all dispatchers, applying base pay plus any additive pays that are payable on overtime hours including bi-lingual pay, Workers' Compensation and Medicare.

If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened Cost rates prior to May 31, 2020, Menifee's Dispatcher Cost shall be 43% of the Loaded Cost rate for all dispatchers plus actual training and overtime costs incurred.

3. Year Three. Commencing July 1, 2021, Dispatcher Costs will be calculated at the Fully Burdened Cost rate in the same manner as Year Two (described in subsection (A)(2) above) unless both Murrieta and Menifee agree in writing to a new formula prior to the commencement of any given year.

4. Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached
Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 25
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1

5. The Parties specifically acknowledge that the amount due from Menifee is subject to annual adjustments at the beginning of the fiscal year based on Murrieta's personnel costs, including but not limited to increased labor costs as negotiated in the Memoranda of Understanding between Murrieta and the Murrieta General Employees Association and Murrieta Supervisors' Association, respectively, any increases in employee compensation and benefits and changes in staffing levels in the dispatch center.

6. Year Four and beyond. Commencing July 1, 2022, Dispatcher Cost for services rendered by dispatchers and dispatch Supervisors will be calculated at the Fully Burdened Cost rate per section 5.b.iii and cost shall be allocated using the Activity-Based Cost Allocation Methodology as described in section 5.b.iv. a. Actual training costs incurred.
b. Overtime costs incurred by all dispatchers and dispatch supervisors, applying base pay plus any additive pays that are payable on overtime hours including bi-lingual pay, Workers' Compensation and Medicare.
c. Leave Buy Out based on respective MOUs.

B. Non-Dispatcher Personnel Costs
Performance of the dispatch services under this Agreement will require services and support from Murrieta personnel other than dispatchers including, but not limited to, supervisory or management dispatch personnel and information technology services. Menifee shall pay the Total Personnel Costs for the following positions in the following proportions and amounts (subject to adjustment as set forth herein):

1. During the Start Up Period, Menifee shall pay the Loaded Cost for the following positions:

Position Title Proportion
Communications Manager 43%
Radio Systems Administrator Hours actually worked up to Go Live Date Information Systems Analyst Hours actually worked up to Go Live Date Information Systems Technician Hours actually worked up to Go Live Date Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 26
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May 17, 2023
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2. In Year Two, commencing on the Go Live Date, Menifee shall pay the Fully Burdened Cost plus any applicable overtime for the following positions and in the following proportions:

Position Title Proportion
Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost plus any applicable overtime for the following positions:

Position Title Proportion
Communications Manager 43%
Dispatch Supervisors 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%

3. Estimates of Non-Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

4. Year Four and beyond. Commencing July 1, 2022, Menifee shall pay the Fully Burdened Hourly Rate Cost plus any applicable overtime for the following positions and in the following proportions:

Position Title Proportion
Communications Manager % per section 5.b.iv.

CAD/RMS Systems Administrator 40%
Information Systems Analyst 30%
Program Administrator As incurred
IT System Administrator As incurred
Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 27
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
Management Analyst 7.5%
a. Actual training costs incurred.
b. Overtime costs, including Workers' Compensation and Medicare. c. On-Call pay based on respective MOUs.
d. Leave Buy Out based on respective MOUs.
c. Technology Costs
The Technology Costs consist of three components. The first component represents Menifee's contribution towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars ($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each loan payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred Forty- Eight Dollars and Twenty Cents ($41,848.20).

The second component of the Technology Costs is the Annual Technology Maintenance Costs. For the first year following the Go-Live Date, the Annual Technology Maintenance Costs will include an additional component for deferred start-up costs, as detailed in Exhibit B-2. For each subsequent year, the estimated Annual Technology Maintenance Costs are estimated as detailed in Exhibit B-3.

Menifee's responsibility for Annual Technology Maintenance Costs is based on the ratio of Menifee authorized sworn personnel to total number of authorized sworn personnel on the dispatch system .

The number of sworn personnel used for the above calculations will be updated annually at the meet and confer meeting held pursuant to Paragraph F, below.

The Annual Technology Maintenance Costs may change based upon a change in pricing and/or adjustments in the actual costs billed by the CAD vendor for the support renewal.

The third component of the Technology Costs are monthly subscriber rates for mobile, portable, and console radios ("Radio Costs"). Menifee's responsibility for Radio Costs for the first year following the Go Live Date shall be Thirty-Eight Dollars and Eighteen Cents ($38.18) per radio utilized by Menifee personnel. The Radio Costs increase by six percent (6%) for each following year through June 30, 2025.

Effective July 1, 2021, the County of Riverside started to invoice Menifee Police Department for their radio subscriptions.

D.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 28
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
Offset Costs.

The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from the provision of Dispatch Services to Menifee, shall be offset against the Dispatcher Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta.

E. Payment M ethodology.

Notwithstanding the estimates provided above and in Exhibits B-1, B-2 and B-3, the amount paid by Menifee to Murrieta for the Costs for Services shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Costs for Services in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement.

F. Annual Meet and Confer.

The Parties shall meet and confer annually (as part of a coordination meeting required by Section 6 of the Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the calculation of cost of services set forth in section 5(b), the proportion of Menifee end users to total end users, the proportion of Menifee radios to total radios, technology cost, the annual technology maintenance costs, and any offset costs received or anticipated to be received by Murrieta.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 29
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
EXHIBIT "B-1"
Estimated Personnel C osts
Year One (FY 2019/20)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $97,406.00 12 6mos. 100% $584,436.00
Comm Mgr $164,048.00 1 12 mos. 43% $70,540.64
Radio Administrator * $108,667.00 1 12 mos. 40% $43,466.80 IT Analyst* $120,702.00 1 12 mos. 25% $30,175.50
IT Tech* $107,714.00 1 6mos. 10% $5,385.70
Total $734,004.64
Year Two (FY 2020/21)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $100,815.00 12 12 mos. 100% $1,209,780.00
Supervisors $119,961.00 4 12 mos. 43%4 $206,332.92
Comm Mgr $178,279.00 1 12 mos. 43% $76,659.97
Radio Administrator $112,470.00 1 12 mos. 20% $22,494.00 $131,173.00 1 12 mos. 20% $26,234.60IT Analyst
IT Tech $111,484.00 1 12 mos. 10% $5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas set forth in sections (A) and (B) of Exhibit B, be charged for and pay for actual costs notwithstanding Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 30
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
the above estimates. In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20), the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged on an hourly basis for hours actually worked and thus the amounts listed for those positions are for illustration only.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 31
Menifee Mayor and City Council
May 17, 2023
Page
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01375.0010/872796.1
EXHIBIT "B-2"
Annual Technology C osts Deferred Start Up C osts
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY 20 - Year 2 Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101-250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software License Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software License Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 Total Tritech/Central Square CAD/RMS Quoted Add-on only Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1-day Remote Project Management Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2- days Remote Project Management Costs $ 1,400.00
Project Management from Central Square
Crossroads Crash Software
Project Management Costs $ 6,250.00
Project Management Services Cost $ 8,350.00
Site License $ 9,800.00
Total Additonal Required Software $ 9,800.00
Crime view implementation professional services Based on adding Menifee to Murrieta's Crimeview dashboard and advanced analytics $ 14,875.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly Subscription 50% of Murrieta Yearly Subscription $ 8,137.50 Field Ops(mobile app to CAD) Implementation $ 1,400.00 Field Ops Yearly Subscription Cost Subscription per user $ 2,400.00 IQ Search Implementation Implementation $ 1,100.00
IQ Search Yearly Subscription Yearly Subscription $ 4,800.00 Project Management for CrimeView and Field Ops Project Management Costs Total Optional Software Licensing and lmplentation Costs _$. 2,'-4_6_4_.o_o_
$ 35,176.50
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 31,552.64 Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software maintenance $ 22,555.54
Duo Software (2FA) 2FA Software (Annually) $ 7,424.00 Endpoint Protection Carbonblack security software for dispatch computers $ 107.44 Vmware Licensing 50% share of the host licenses (3 hosts) $ 3,000.00 Software Renewals $ 64,639.62
Internet (Failover)
Internet (Primary)
Failover Internet Connection (Monthly)
Primary Internet Connection - Shared Cost (Monthly) $ 10,788.00
$ 8,027.76
Internet Service Costs $ 18,815.76
Grand Total (does not include taxes) $ 224,558.20
NOTE:

Central Square agreed to payment terms of 50% at start and 50% at go-live Does not include the possible renewal increase of 3% for Central Square Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 32
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
EXHIBIT "B-3"
Annual Technology Maintenance C osts
\1enifee Dispatching Services
Hara ware and Software Costs by Year
08/05/2019
Summary
FY21 -costs
Software Renewals
-
$ -----65
-
,53
-
9 -
.62
-
Internet (Failover)
Internet {Primary)
Optional Software Renewals
-
$
--
15 -
, 3 3
-
7 . 5
-
0 Faiiover Internet Connection (Monthly) $ 10,788.00
Primary Internet Connection- Shared Cost (Monthly)_$ 8 ,0_2_7_.7_6_ lmernet Service Costs $ 18,815.76
Grand Total_$,,..._99-,-69_2 88-
NOTE:

Does '10t incl:JC:e the possible etiewal ir.crease of 3% for Central SquarF Annual Maintenance for new Software This cost reflects maintenance fortheadditional software licenses $ 31,552.64 Annual Maintenar.ce for Menifee Portion of Central Square Software Th's cost reflects Meri!fee's share of 36% of the eKisti ng annual maintenance $ 22,555.54 Crossroads Annual Maintenance Crossroads Crash Software $ 900.00 Duo Software (2FA) 2FA Software (Annually) $ 7,424.00 Endpoint Protection Carbonb!ack security software for dispatch computers $ 107.44 Vmware Licensing 50%share of the host licenses $ 3,000.00 Field Ops Yearly Subscription Cost Subscription per user 2,400.00 Crimeview (Advanced reporting, Nearme, dashboard) Yearly 50% of Murrieta Year!y Subscription Subscription 8,137.50
IQ Search Yearly Subscription Yearly Subscription 4,800.00 Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 33
Menifee Mayor and City Council
May 17, 2023
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01375.0010/872796.1
EXHIBIT "C"
Start-Up C osts
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services 5 the following:

A. Equipment, Hardware and Software. All such equipment and software as is necessary to provide the services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta.

Such equipment and software includes, but is not limited to those items listed on Exhibit C-1.

B. Other Equipment, Furniture, and Infrastructure. All such equipment, furniture, and other infrastructure (not otherwise listed in Exhibit C-1) as is necessary to provide the services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta. Such equipment, furniture, and other infrastructure includes, but is not limited to, dispatch ergonomic workstations, Motorola dispatch console radio equipment; telephone and 9-1-1 Vesta console equipment; acquired computers, monitors, telephones, printers; and retrofit of the dispatch center as necessary to accommodate the additional demand created by providing the Services listed in Exhibit A.

C. Murrieta Legal Services. Menifee shall further pay for half of all costs incurred by Murrieta for services by its City Attorney's office in preparing the Agreement upon invoice by Murrieta.

D. Offset Costs. The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from or are in connection with the Start-Up Services shall be offset against the Start-Up Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta. If the grant, subsidy, or reimbursement is received after the Start-Up Period, it shall be offset against Costs for Service in the period in which it is received.

E. Payment M ethodology.

Notwithstanding the estimates provided in Exhibits C-1, the amount paid by Menifee to Murrieta for the Start-Up Costs shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Start-Up Costs in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement.

Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to which this Exhibit C is attached.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 34
Menifee Mayor and City Council
May 17, 2023
Page
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01375.0010/872796.1
EXHIBIT "C-1"
Equipment, Hardware, and Softw are
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY19 - Year One Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101•250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software license Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software license Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 50% of Total Trttech/Central Square CAD/RMS Quoted Add-on only Cost $ B7,n6.32
Inform CAD Business Analysis and Consultation Service 1·day Remote Project Maragement Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2· days Remote Project Management Costs $ 1,400.00
Project Management from Central Square Project Managemeet Costs $ 6,250.00 50% of Project Management Services Cost .....,.$--8-,35---0-.00- Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software
Crossroads Crash Software
Property & Evidence Hardware
maintenance$ 22,555.54
Total Menifee Portion of Annual Maintenance $ 22,555.54 Site license• To Be Installed on June 1, 2020 w/ bill due 7/1/2020 $ Total Addltonal Required Software--,-$
Zebra and Topaz label printers, signature pads and scanners $ 5,889.77 Total P&E Hardware Costs $ 5,889.77
Duo Software {2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 644.80 MS Core CAL
Client access license for Window machines for Dispatch computers $ 1,580.00 MS Office CAL Microsoft Office license for dispatch computers $ 1,536.00 Total Software Costs _$_1_1_ ,184 80-
Desktop Computer Dell 7060 SFF 5 Year Warranty Plus Tariff Increase for Dispatch plus extra video card $ 4,000.00
22" Monitor Dell P2117H for Dispatch (4 per computer) $ 3,232.00 Total Hardware Costs ...$.._7_.2_3_2_.oo_
PCM·G Network Services Network services to configure and establish the network between Menifee and Murrieta $ 31,601.77
internet {Failover) Failover Internet Connection (Monthly) $ 899.00 internet (Primary) Primary Internet Connection· Shared Cost (Monthly) $ 668.98 Total Network Services Cost $ 33,169.7S
Grand Total (does not include taxes) $ 176,158.18
NOTE:

Central Square agreed to payment terms of 50% at start and 50% at go.live Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 35
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/l/K/S0567299.DOCX} 101375.0010/872796.1

FIRST AMENDMENT AND

RESTATMENT OF DISPATCH

SERVICE AGREEMENT BETWEEN

THE CITY OF MURRIETA AND THE

CITY OF MENIFEE
This First Amendment and Restatement of Dispatch Service Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF MURRIETA, a municipal corporation (hereinafter "Murrieta"), and the CITY OF MENIFEE, a municipal corporation (hereinafter "Menifee"). Murrieta and Menifee may be individually referred to as a "Party" and collectively referred to as the "Parties".

RECITALS
A. On July 1, 2019, Murrieta entered a “Dispatch Services Agreement” (“Original Agreement ”)into an agreement with Menifee to provide dispatching services for the Menifee Police Department.

B. Pursuant to Section 6 of the Original Agreement, the parties have met and conferred regarding proposed modifications and changes to the Original Agreement.

C. This First Amendment and Restatement of the Agreement amends and restates the Originalis intended to incorporate the modifications and changes agreed to by both parties and to restate the Agreement in full with those amendments included in a single document.

A.D. Menifee has formed a police department to enhance the public health, safety, and welfare of its residents.

B.E. Murrieta has recently updated its facilities and technology related to dispatch services for its public safety services, including its police department.

C.F. Menifee desires to have Murrieta provide dispatching services for Menifee's police department, and Murrieta is willing to perform such services to increase efficiencies and provide better services to the respective police departments and communities.

D.G. Due to the increased call volumes resulting from providing dispatch services for Menifee, twelve (12) dispatcher positions will be added to the Murrieta dispatch center in the first year of implementation .

Staffing level for subsequent years will be agreed upon by Murrieta and Menifee Chief s of Police. Menifee acknowledges that Murrieta is hiring the new dispatchers specifically to account for the increase in call volume that will occur with providing the dispatch services called for by this Agreement and that Murrieta would not otherwise be hiring such dispatchers.

E.H. Similarly, Murrieta providing dispatch services to Menifee will require hardware and software upgrades of the existing Central Square CAD and RMS system, including licensed ancillary modules, to the Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 36
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May 17, 2023
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{Client Files/4540/l/K/S0567299.DOCX} 201375.0010/872796.1 multi-agency versions of the software. Menifee shall pay for such upgrades and all implementation costs related to the software system upgrade, including hardware, to enable the software for Murrieta staff to provide police dispatching services to both Parties.

F.I. Murrieta providing dispatch services for Menifee will enhance deployment and communication during critical incidents for both cities, and updated compatible technology will improve the interoperability of the adjacent cities.

G.J. A single dispatch center will also result in cost savings and increased efficiencies for both cities.

H.K. The expansion of Murrieta's dispatch capabilities to accommodate Menifee's dispatch needs will cause Murrieta to incur substantial start-up and ongoing costs on Menifee's behalf, including dispatcher recruitment costs; supervisory, administrative, and technical support as well as technology hardware and software costs.

I.L. The Parties agree and acknowledge that this Agreement is guided by the following three core principles: (i) Dispatch services can be provided more effectively and efficiently to both Menifee and Murrieta through the operation of a single dispatch center serving both communities; (ii) the type and quality of services to be received by Menifee under this Agreement shall be equivalent to those provided to Murrieta, and (iii) the compensation provisions in this Agreement are based on a total cost recovery model, with the intent that Menifee pay to Murrieta the full cost (nothing more and nothing less) of the services that it provides to Menifee hereunder, i.e., Menifee shall reimburse Murrieta for Menifee's pro-rata share of staffing as described in Exhibit B of this agreement and operating a dispatch center serving both cities.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. RECITALS. The foregoing recitals are true and correct and accurately reflect the intent and understanding of the Parties.

2. DEFINITIONS. The following defined terms shall have the following meanings:
a. "Annual Technology Maintenance Costs" means the cost paid by Murrieta on a yearly basis to license, operate, maintain, and upgrade the computer software used to provide dispatching services; the cost paid by Murrieta for radio, voice, and data communications lines, circuits, and equipment between the two agencies; and the cost paid by Murrieta for mapping and GIS services. The Annual Technology Maintenance Costs shall be adjusted on an annual basis to reflect the actual costs incurred by Murrieta for those services. b. "CAD" means computer-aided dispatch.
c. "Call For Service" means all incoming phone calls, all onview events in CAD that generate an incident number, and all onview events in CAD that do not generate an incident number.

Call For Service includes received calls, dispatched calls, and officer-initiated calls.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 37
Menifee Mayor and City Council
May 17, 2023
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738 of 1033

{Client Files/4540/l/K/S0567299.DOCX} 301375.0010/872796.1 d. "Data Conversion Costs" means the costs incurred by Murrieta in converting data or information into a format and onto devices suitable for transfer to Menifee, which conversion and transfer shall occur upon the expiration or earlier termination of this Agreement. All costs for data conversion associated with Menifee's data shall be Menifee's responsibility. e. "Dispatch Services" means the services described in Exhibit A, which Murrieta shall provide to Menifee in accordance with the terms and conditions contained in this Agreement.

Such services are intended to result in Murrieta's provision of services to Menifee that are equivalent in type and quality to the services that Murrieta currently provides to its public safety departments.
f. "Costs for Service" means the ongoing cost of providing Dispatch Services to Menifee, as calculated pursuant to Exhibit 8B.
g. "Effective Date" means July 1, 2019.
h. "Extra Work" means work in addition to the Dispatch Services that the Parties determine to be necessary for the proper execution of the Dispatch Services, and which Menifee has requested in writing that Murrieta perform.
i. "Force Majeure" means the following acts of God: strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind by the government of the United States or of the State of California or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of the Party obliged to perform under this Agreement.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 38
Menifee Mayor and City Council
May 17, 2023
Page
739 of 1033

{Client Files/4540/l/K/S0567299.DOCX} 401375.0010/872796.1 J.j. "Go Live Date" means July 1, 2020.
k. "Menifee Calls For Service" means the Calls For Service that originate within the jurisdictional limits of Menifee or a mutual aid call to which Menifee responds.

1. "RMS" means records management system.
m. "Start-Up Costs" means the costs incurred after the Effective Date in connection with the expansion of Murrieta's dispatch capabilities in order to provide Dispatch Services to Menifee. Start- Up Costs include, but are not limited to, costs related to the recruitment, hiring, and training of necessary dispatch and related personnel; infrastructure improvements to the existing Murrieta dispatch center; acquisition of equipment and software; and costs for services provided by existing Murrieta personnel to implement and facilitate this Agreement. Startup Costs will also include costs for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data browsers/mobile data communicators and all related licenses and appurtenances. Without limiting the foregoing , Start Up Costs shall include the full cost of Murrieta's purchase and implementation (including hardware) of an upgrade to the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software, as necessary to enable the software and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated Start- Up Costs is provided in Exhibit C.
n. "Start-Up Period" means the period from the Effective Date to the Go Live Date. o. "Start-Up Services" means Murrieta's implementation of such infrastructure and technology upgrades and improvements, equipment purchases, employee recruitments and hirings, other personnel decisions, and training of Murrieta and Menifee personnel as necessary to provide the Dispatch Services to Menifee by the Go Live Date. p. "Technology Costs" means the amount Menifee pays to Murrieta for the technology used to run the software and hardware used to provide dispatching services, including both (i) contributions to capital costs for the dispatch software, technology, and systems already in place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are based on Menifee's proportionate use of the dispatch center and is subject to annual adjustment by Murrieta. A description of the method for calculating Menifee's share of the Technology Costs is provided in Exhibit B.

3. TERM. This Agreement shall commence on the Effective Date and shall expire ten (10) years from the Go Live Date, which the Parties intend to be July 1, 2030 (the "Termination Date"), unless it is terminated earlier in accordance with Section 8, below.

4. SERVICES. Murrieta shall provide the following services to Menifee. a. Start Up Services. During the Start-Up Period Murrieta shall provide the Start-Up Services to or for the benefit of Menifee. Such services include the hiring of additional dispatch staff. New hires will be employees of Murrieta and subject to Murrieta's rules and regulations, which include training and probationary periods.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 39
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May 17, 2023
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{Client Files/4540/l/K/S0567299.DOCX} 501375.0010/872796.1 a.1. The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully performed and this Paragraph 4(a) has no further force or effect. b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services shall be allocated equally between the Parties and according to Murrieta's standard operating procedures and this Agreement.
c. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation between the Parties and may be influenced by whether Menifee timely provides complete and accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in recognition of the public health and safety concerns associated with the provision of such services. c.1. The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result this Paragraph 4(c) has no further force or effect.
d. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written authorization from Menifee.

5. COMPENSATION, Menifee shall provide the following compensation to Murrieta. a. Start-Up Costs.
i. 1. Payment Obligation: Menifee shall pay Murrieta for the Start-Up Costs in accordance with the invoicing procedure set forth in Section 5(d). ii. 11. Estimated Amount: The Parties currently estimate that the Start-Up Costs will be as set forth in Exhibit C. At such time as the total invoices for Start-Up Costs exceed eighty percent (80%) of the estimated Start-Up Costs as set forth in Exhibit C, the Parties shall meet and confer to revise the estimated Start-Up Costs as necessary. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta.
iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a result, this Paragraph 5(a) has no further force or effect.

Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 601375.0010/872796.1 b. Costs for Service:
i. 1. Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount and subject to the adjustments specified in Exhibit B. The Parties acknowledge that the Costs for Service include ongoing personnel costs (dispatchers and non- dispatcher support and supervisory personnel) and Technology Costs incurred by Murrieta as necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge that some of the Costs for Service will commence and may be invoiced prior to the Go Live Date.
ii. 11. Estimated Amount: The Parties currently estimate that annual Costs for Service will be as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior notice, the Parties shall meet and confer to discuss any current or forecasted changes in the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit B are estimates only and that it is responsible for all Costs for Service incurred by Murrieta.
iii.Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that City’scities use to estimate full cost of employee’s time. If a Ccity were to use a simple hourly rate to charge for services associated with an employee, the reimbursement willwould not cover any of the other expenses associated with the services rendered. The FBHR calculation includes salary, benefits, and other costother costs reasonably attributable to the employee.

These cost elements that are included in the FBHR calculation are as follows:
•Salary and Benefits;
•Operating Cost applicable to the Ddispatch Ccenter; and •Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).

These combined amounts reflect the actual cost associated with an hour of each employee’s time. The term "indirect overhead costs," as used herein, applies to costs of this type originating in the central service departments. Central service departments are those departments that provide support and services internally to operating departments that conduct the day-to-day operations necessary to serve the community. In order to determine the indirect overhead cost, Murrieta will engage an expert-matter subject-matter expert consultant to prepare the CAP. An important factor in determining the FBHR is in the calculation of productive hours for personnel. For the purpose of this agreement, the productive hours is are two thousand and eight hours (2,080). Murrieta is to engage a subject-matter expert consultant expertconsultant to complete the FBHR by March of each year.
iv. Activity-Based Cost Allocation Methodology: An equitable methodology to allocate cost of dispatch services is based on the following criteria: All Inbound and Outbound phone calls to include 9-1-1 calls, ten-digit emergency line and non-emergency lines (inclusive of calls for Murrieta Police Department, Murrieta Fire Department, and Menifee Police Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 701375.0010/872796.1 Department). Additionally, all CAD entries, including self-initiated, dispatched, and not dispatched calls for service, and report numbers assigned will be includedconsidered. on the number of calls for services received by the dispatch center. Calls for service includes received calls, dispatched calls, and officer-initiated calls. This methodology allows for an equitable share of cost based on actual activity being performed by the dispatch center.

The percentage allocation will be based on the location of originating calls. The number of calls and its location information isare recorded and available in the CAD system. The percentage allocation will be based on a calendar year basis from January 1 st through December 31 st and such report will be completed by March of each year prior to the beginning of the upcoming fiscal year.
c. Extra Work: Menifee will compensate Murrieta for Extra Work at rates or charges agreed to in writing by the Parties.
d. Invoicing Procedure: Murrieta shall submit invoices to Menifee on a quarterly basis (January 15, April 15, July 15, and October 15). The invoices shall be based on actual costs incurred by Murrieta to ensure full cost recovery. The invoices shall identify whether the charges included are for Start-Up Costs or Costs for Service and shall include sufficient back-up documentation to demonstrate that the costs are appropriately categorized as either Start-Up Costs or Costs for Service. Menifee shall pay the quarterly invoices within thirty (30) calendar days of receipt of the invoice. After thirty (30) calendar days, payment shall be considered late and a default subject to termination for cause under Section 8 of this Agreement.

6. ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of the City of Menifee are the designated and authorized representatives of Murrieta and Menifee respectively for purposes of administration of this Agreement. The Police Chiefs, or their designees, shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues, including changes to service delivery and appropriate staffing level ; (iii) technical issues related to information technology and system components; and (iv) dispatch operational issues related to field unit reporting and system status management.

7. ADDITIONAL USER{S)S OF THE DISPATCH CENTER. The Parties acknowledge and agree that Murrieta may provide dispatch services to other agencies, including currently providing dispatch services for the Murrieta Fire Department, without the consent of Menifee. If Murrieta provides dispatch services to another agency other than the Murrieta Fire Department, the Technology Fee and the Dispatch Services Costs shall be reduced by the decrease in percentage based of on the Menifee Calls For for Service to the total Calls For Service dispatched by Murrieta. Murrieta will require any other agency that wants dispatch services to pay a "Buy-In Fee" and pay their proportionate share of fees and costs as reasonably determined by Murrieta. Without limiting the foregoing, the additional agency be memorialized in shall participate in the Technology Costs on a going forward basis. an amendment of this agreement that adds the new agency as an additional party and describes the corresponding modifications to the Parties respective of rights and obligations.

Item Title: 10.12
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May 17, 2023
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8. TERMINATION.
a. Termination Without Cause . Neither Party may terminate this Agreement without cause prior to July 1, 2025. From and after January 1, 2024, either Party may elect to terminate this Agreement by providing written Notice of Intent to Terminate to the other Party. Any termination effectuated by this Section 8(a) shall take effect eighteen (18) months following delivery of the Notice of lntent to Terminate.
b. Termination for Cause. The Parties agree that there is a public health and safety obligation to use every effort to ensure uninterrupted and continuous delivery of Dispatch Services to Menifee even in the event of a material breach, and even if Murrieta disagrees with the alleged determination of material breach. Consistent with the foregoing, this Agreement may not be terminated for cause unless and until the dispute resolution procedures set forth in Section 9 have been followed to completion.
c. Ownership of Data and Equipment on Termination. Upon the expiration or termination (with or without cause) of this Agreement, all equipment then present in Menifee Police Department vehicles and/or on Menifee property shall become the property of Menifee, and all equipment then present in the Murrieta dispatch center and/or otherwise on Murrieta property shall remain the property of Murrieta. All data and information (“Records”) relating to Menifee and/or dispatch operations for the benefit of Menifee shall be conveyed by Murrieta to Menifee in a format suitable for use by Menifee subject to payment by. Menifee shall pay forof all Data Conversion Costs, and Murrieta shall otherwise cooperate with Menifee in its transition to a new dispatch service provider. Copies of any Records so transferred to Menifee may be destroyed by Murrieta and Murrieta has no duty , under this agreement, to retain such copies once transferred.

Any Records not transferred to Menifee shall be maintained or destroyed in accordance with the adopted Murrieta retention schedule.
d.c.
e.d. Expenses on Termination. lf Menifee elects to terminate this Agreement without cause pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta; (ii) all costs for services provided up to the date of termination; (iii) all costs for personnel terminations resulting from the termination of the Agreement including, but not limited to, any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs within thirty (30) days of receipt of an invoice from Murrieta for such Costs.

9. DISPUTE RESOLUTION. Any disputes under this Agreement, including but not limited to termination for cause, shall be subject to the dispute resolution procedures herein. a. Meet and Confer. lf either Party (i) disputes the other Party's interpretation of this Agreement;· (ii) disputes the sufficiency of the other Party's performance under this Agreement, including cost of service or billing; or (iii) contends there has been a material Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 901375.0010/872796.1 breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The City Manager and Police Chief of Murrieta shall be the authorized dispute resolution representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the authorized dispute resolution representatives for Menifee. b. Mediation.
i. Initiation of Mediation: If a dispute is not resolved through the meet and confer process, either Party may initiate a mediation process by giving written Notice of Mediation to the other Party.
ii.Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the Parties shall mutually select one person to mediate the dispute, which person shall be a qualified professional with expertise in the subject matter of the dispute. Neither Party may unreasonably withhold, delay, or obstruct the selection of a mediator. iii. Commencement and Completion of Mediation: The mediation shall be completed within forty-two (42) days of the selection of the mediator. The mediation shall be conducted in accordance with procedures chosen by the mediator. iv. Mediator's Recommendation: If the mediator is unable to resolve the dispute during the mediation, the mediator shall submit specific and written recommendations for full resolution of the dispute within fourteen (14) days thereafter. The Parties shall consider the written recommendations of the mediator. v. Mediation Costs: The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either Party by the mediator for good cause shown.
c. Termination following mediation. If the dispute is not resolved through the meet and confer process or the mediation process, then the Party that receives a favorable recommendation from the mediator may move forward with terminating the Agreement. Termination shall be effective thirty (30) days after written notice of termination by the aggrieved Party.

10. INSURANCE. Both Parties shall maintain sufficient insurance, self-insurance, or a combination thereof to comply with the following requirements and, if requested, each Party shall furnish to the other Party certificates of insurance evidencing the required coverage. No policy providing the required coverage may be canceled or liability limits reduced without first providing the other Party thirty (30) days' written notice.
a. Insurance Coverages. Each Party shall, throughout the duration of this Agreement, maintain insurance, self-insurance, or a combination thereof to cover itself, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth here.

1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 1001375.0010/872796.1 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $10,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

11. Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") "claims made" coverage shall be maintained in an amount not less than $2,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation coverage shall be maintained as required by the State of California.
b. Endorsements. Each Party shall obtain endorsements to the insurance policies with the following provisions:

1. The other Party (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured" on the commercial general liability insurance policy.

11. As to automobile and commercial general liability policies, for any claims related to this Agreement, Menifee's coverage shall be primary insurance with respect to Murrieta. Any insurance maintained by Murrieta shall be in excess of Menifee's insurance and shall not contribute with it.
c. Notices of Cancellation. Each Party shall notify the other Party if any policy required by this Agreement is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.

If any required insurance policy under this Agreement is cancelled, the Party procuring that policy shall immediately obtain a replacement policy. d. Proof of Insurance. Each Party shall provide the other Party with evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the receiving Party, before either Party signs this Agreement.
e. Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of any insurance policy required by this Agreement, the insured Party shall provide the other Party with a substitute certificate of insurance.

11. NONDISCRIMINATION . The Parties shall each comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. The Parties shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, or any other classification prohibited by state or federal law.

12. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 1101375.0010/872796.1 laws are expressly stated in this Agreement.

13. CONFIDENTIAL INFORMATION AND RECORDS REQUESTS.
a. Confidential Information. The Parties acknowledge and agree that personnel, proprietary, trade secret, and other information that is otherwise exempt from disclosure under the California Public Records Act or any recognized privilege, doctrine, or law (collectively "Confidential Information") shall be handled as strictly confidential information, and shall be disclosed only to the extent otherwise mandated by state law, federal law, a properly issued subpoena, or a court order. The Parties agree to immediately advise one another upon the receipt of any request, demand, or order seeking Confidential Information and to reasonably cooperate with one another in responding to any such request, demand, or order.

The terms of this Section 13 shall survive termination of this Agreement. b. Records Requests. If Menifee receives any request for documents pursuant to the Public Records Act or other applicable law or court order, Menifee shall be solely responsible for responding to said request. When such requests seek information in the possession, custody, or control of Murrieta, Murrieta shall use its best efforts to provide reasonable assistance to Menifee in responding to said request. Notwithstanding the foregoing, Murrieta shall not be responsible or liable to either the requestor(s) or Menifee as a result of Murrieta's inability to respond to a document request, so long as Murrieta demonstrates it exercised its best efforts to provide reasonable assistance.

14. INDEMNIFICATION,
a. Menifee. Menifee shall indemnify, hold harmless, and defend Murrieta (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Menifee's willful misconduct or negligent performance, or failure to perform, under this Agreement. b. Murrieta . Murrieta shall indemnify, hold harmless, and defend Menifee (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Murrieta's willful misconduct or negligent performance, or failure to perform, under this Agreement.

C. Exception for Willful Misconduct and Sole Negligence. Notwithstanding Sections 14(a) and 14(b), neither Party shall have any obligation to defend or indemnify the other Party if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of the Party to be indemnified.

Item Title: 10.12
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May 17, 2023
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15. FORCE MAJEURE.

If by reason of Force Majeure a Party is unable, in whole or in part, to perform any of its obligations under this Agreement, such Party shall not be in default, and its performance obligations shall be tolled, during the continuance of such inability.

16. RELATIONSHIP OF THE PARTIES.
a. In General. Nothing contained in this Agreement is intended to, nor shall it, be construed in any way to be a joint powers agreement of any kind. Neither Menifee nor any of its agents shall have control over the conduct of Murrieta or any of Murrieta's employees, except as set forth herein.

Neither Party's employees shall acquire or be (or become) entitled to any of the rights, privileges, powers, or advantages of the other Party's employees including, but not limited to, the right to any compensation, benefits, or pension benefits of the other Party's employees. a.

Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume any liability for direct payment of any salary, wage or other such compensation to any person employed by Murrieta to perform the services described in the Agreement. Murrieta shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of Menifee.
b. No Promise of Future Contract for Dispatch Services . Nothing in this Agreement shall be interpreted to imply that Murrieta must maintain any contractual relationship with Menifee on a continuing basis after the termination of this Agreement. c. Murrieta Retains Daily Control of Dispatch Services . Murrieta is responsible to provide the Start-Up Services and Dispatch Services as set forth in Exhibit A, and to reasonably cooperate with Menifee to ensure those services are delivered in an effective and efficient manner. Subject to the foregoing, (i) Murrieta is the final authority and is not required to comply with daily instructions from Menifee staff with respect to when, where, or how Murrieta must perform the Start-Up Services and Dispatch Services; (ii) Murrieta is solely responsible for determining who, under supervision or direction of Murrieta, will perform the Start Up Services and Dispatch Services; (iii) Menifee will not hire, supervise, or pay any employees working for Murrieta pursuant to the Agreement during such employee(s)' period of employment with Murrieta; and (iv) Murrieta shall be solely responsible for setting the hours in which Murrieta performs or plans to perform the Start-Up Services and Dispatch Services.
l 7. ADDITIONAL DOCUMENTS AND AGREEMENTS. The Parties agree to cooperate in the execution of any additional policies and procedures, instruments, and conveyances, which may be required to carry out the terms of this Agreement.

18. WARRANTY. Murrieta provides the hardware, software, and ancillary systems necessary to the provision of the Dispatch Services without any warranty or condition, expressed or implied. Murrieta specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 1301375.0010/872796.1 and non-infringement. Menifee acknowledges that the hardware, software, and ancillary systems may not operate totally without interruption. Murrieta makes no representations, warranties, or guarantees regarding uptime for the hardware, software, and ancillary systems. Murrieta agrees to pursue remedies through the vendor for the systems to all software problems arising from software provided by the vendor. Remedies for problems arising that are caused by circumstances outside of the vendor's control (network connection issues, user errors, hardware failures, etc.) shall be pursued by Murrieta until a resolution is achieved. If a total or partial failure should occur, Murrieta Police dispatch shall continue to dispatch for Menifee using whatever manual methods may be necessary and provide the same level of service they would for Murrieta Police.

19. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective Party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a Party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either Party may modify their respective contact information identified in this section by providing notice to the other Party.

TO: Murrieta
Attn: Police Chief
2 Town Square
Murrieta, CA 92562
TO: Menifee
Attn: Police Chief
29844 Haun Road
Menifee, CA 92586
With a Copy To:

City Attorney
1 Town Square
Murrieta, CA
992562 2562
With a Copy To:

City Attorney
29844 Haun Road
Menifee, CA 92586
TO: Murrieta Attn: Police Chief 2 Town
Square
Murrieta, CA 92562
Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 1401375.0010/872796.1 T
O
:

M
enifee Attn:

Police Chief
29844 Haun Road
Menifee, CA 92586
With a Copy To:

City Attorney
1 Town Square
Murrieta, CA 92562
With a Copy To:

City Attorney
29844 Haun Road
Menifee, CA 92586

20. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.

22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Riverside.

Item Title: 10.12
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23. ASSIGNMENT AND DELEGATION. Neither this Agreement, nor any portion hereof, shall be assigned or transferred, nor shall any of the Parties' duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written consent of the other Party, shall be void and of no force or effect. Consent by a Party to one assignment shall not be deemed to be consent to any subsequent assignment.

24. SUCCESSORS. This Agreement shall bind and inure to the benefit of all duly authorized successors and assigns of the Parties.

25. MODIFICATIONS. This Agreement may not be modified, orally or in any manner, other than by an agreement in writing signed by duly authorized representatives of both Parties.

26. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

27. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

28. ENTIRE AGREEMENT. This Agreement, including all documents and exhibits incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the services provided hereunder. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

29. LITIGATION EXPENSES AND ATTORNEYS' FEES. In the event that any action is brought by either Party to construe this Agreement or enforce any of its terms, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs incurred, whether or not the matter proceeds to judgment.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective Parties.

31. COUNTERPARTS. This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

Item Title: 10.12
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{Client Files/4540/1/K/S0567299.DOCX} 1401375.0010/872796.1 IN WITNESS WHEREOF, Murrieta and Menifee do hereby agree to the full performance of the terms set forth herein.

CITY OF MURRIETA CITY OF MENIFEE
By: Kim Summers
Title: City Manager
Date:

By: Armando G. Villa
Title: City Manager
Date:

ATTEST: ATTEST:

By: Stephanie D. SmithCristal
McDonald , MMC
City Clerk
APPROVED AS TO FORM:

By: Leslie E.

Devaney Tiffany Israel
Title: City Attorney
By: Sarah A. Manwaring Stephanie
Roseen ,
MMC Acting City Clerk
APPROVED AS TO FORM:

By: Jeffrey T. Melching
Title: City Attorney
Item Title: 10.12
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May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement 1, Murrieta shall provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the following:

1. Police General Dispatch Service.
a. Provide all Dispatch Services identified in this Exhibit A to all Menifee police officers. b. Receive and respond to all 911 calls for police services for Menifee twenty-four (24) hours a day, seven (7) days a week. Telephone lines will be answered using a generic greeting such as, "Emergency Services", "9-1-1 Emergency'', or "police services". c. Monitor and reply to all emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
d. Provide call-out notifications as directed by Menifee for incidents requiring response from Menifee Police Department personnel or mutual aid resources. e. Provide after-hour notifications for Menifee Public Works Department personnel. f. Monitor and reply to all non-emergency radio traffic from Menifee twenty-four (24) hours a day, seven (7) days a week.
g. Handle dispatch responsibilities for Menifee SWAT activations. h. Utilize appropriate radio and CAD systems for dispatching services. i. Ensure supervisory awareness of major incidents.

J. Maintain appropriate staffing levels at all times. k. Make telephone calls for Menifee Police Department officers to request tow trucks, taxi cabs, and other resources.
l. Use Menifee unit requirements for dispatching calls for service to Menifee Police Department officers.
m. Prioritize response according to Murrieta policies and procedures. If changes are desired, Murrieta will consult with Menifee prior to implementation of any new response priorities.

Unless otherwise indicated, capitalized terms used in this Exhibit A have the meaning set forth in the agreement to which Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 52
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 this Exhibit A is attached.

Item Title: 10.12
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1. Police Dispatch Technology Criteria and G uidelines. a. Operate and maintain a computer-aided dispatch system that is capable of:
i. Tracking the status of Menifee's on-duty police units' activity and availability.
ii. Assigning report numbers for incidents.
iii. Ensuring that all systems and electronic interfaces are maintained and working.
b. Utilize the Riverside County Public Safety Enterprise Communications ("PSEC") radio system for dispatch communications.
c. Operate dedicated Murrieta and Menifee radio channels for police operations twenty-four (24) hours a day, seven (7) days a week. During exigent or other mutually agreed upon circumstances , the individual radio channels may be patched together for combined communication.
d. Dispatch Menifee police units based on a call priority of 1, 2, and 3 for urgent and non-emergency calls for service.
e. Transfer all 9-1-1 telephone calls to secondary public safety answering point when appropriate.
f. Maintain and monitor secondary radio channel(s) during special events, incidents, or enforcement activities.

2. Computer-Aided Dispatch (“CAD”) and Records Management System (“RM S”). a. Purchase the upgrade of the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software. b. Install RMS and Web Query on Menifee's workstations. c. Host and maintain the CAD and RMS applications, database, and backups and provide twenty-four (24) hours, seven (7) days a week of operational support of the servers and applications.
d. Murrieta's Communications Manager will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hour (0800 hours to 1700 hours) and after-hour (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address technical and information technology issues.

Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 201375.0010/872796.1 e. Maintain and support the existing software license agreement with Central Square.

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f. Provide the servers, CAD and RMS along with ancillary applications, databases, system administration, and necessary interfaces for the systems. f.g. In the event Menifee changes their RMS to a provider other than CentralSquare , Murrieta Information System Division would shall maintain Menifee ’s existing data for a period of one year , unless a shorter period is requested by Menifee , if required . The cost of maintaining the data will be borne by Menifee. g.h. Maintain and support the servers and the hardware necessary for the operation of the systems.
h.i. Monitor new technology to maintain technologically current systems. i.j. Be solely responsible for determining the hardware and software that will maximize benefits to both Murrieta and Menifee; provided, however , that Murrieta shall consult with Menifee prior to implementing any significant cost increase for hardware and/or software.
j.k. Provide the ability for Menifee workstations (including Mobile Data Computers ["MDC"]) to perform California Law Enforcement Telecommunication System ("CLETS") queries.
k.l. Assist Menifee to resolve any issues with the operation of the mobile software as a result of issues with the CAD application.
l.m. Create network accounts for Menifee to access Murrieta's network and Central Square accounts for Menifee to access CAD and RMS applications within five (5) days of the date that the request is received from Menifee. m. n. Be responsible for all CAD file maintenance updates including user accounts, terminals, and quarterly GIS updates.
n.o. Provide access to the database views for reporting on the CAD data warehouse and RMS database.

Report and track issues with the CAD and RMS vendor(s), and test fixes in the test environment before installing fixes into the live production system. o.
p.
q. Menifee will be provided Murrieta shall provide access to Menifee to the audio logger at Murrieta PD for the purpose of obtaining pulling their own recordings related to Menifee in order to comply and complying with all any California Public Records Act request s. Murrieta PD assumes responsibility for shall provide training to Menifee personnel on using the audio logger, as identified by Menifee’s command staff. A second audio logger will be housed at Murrieta PD to maintain recordings solely for Item Title: 10.12
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Menifee PD. Menifee assumes all costs related to the second audio logger, including its maintenance.
r. Respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menif Provide administrative support and technical support to the Menifee Police Department supervisors or administrators and Information Technology team seeking information from CAD and/or RMS. r.s. Provide and send to Menifee PD duplicate CAD and RMS data relating to all Menifee calls and reports, including all attachments, to Menifee PD servers on a real-time basis.

Further, (1) provide immediate notification to Menifee PD and Information Technology departments if the data replication stops for any reason.

3. Network Connectivity.
a. Provide and maintain a point-to-point dedicated connection at Murrieta's dispatch center to establish communications with Menifee's network. b. Provide and maintain a backup dedicated connection for communications with Menifee's network.
b.c. Provide immediate notification to Menifee PD and Information Technology departments the circuits specified in paragraphs 3(a) and 3(b) are interrupted.

4. Mobile Data Computer System .
a. Provide hardware support for the MDCs or issues related to networking or connectivity between the two agencies. Murrieta will assist Menifee, as necessary, to resolve any issues; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the CAD application. b. Install and maintain the current MDC software and resolve any problems.

5. Ancillary Services.
a. May conduct inquiries for officers into federal, state, and local databases through CLETS and Riverside Sheriff Office Message Switch (Local Warrant System) ("RSOMS").
b. Complete after-hours entries into federal and state databases (MUPS, DVROS, AFS, SVS).
c. Be the Custodian of Record of all telephone audio recordings, and consult with Menifee representatives prior to the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement.

Item Title: 10.12
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d. Process audio recording requests for criminal, civil, and internal cases that are actually recorded by Murrieta after full consolidation and provide copies of records to Menifee following Murrieta's request procedure.
e.c. Murrieta Communications Manager will be responsible for CJIS audits, yearly training and sign-offs for Murrieta only.

6. Geographic Information System .
a. Work with Menifee to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services. For areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
b. Update and maintain the Menifee portion of the Geofile ad hoc basis as needed (but no less frequently than quarterly). The changes will be based upon direct geographic information system ("GIS ") files provided by Menifee or agreed upon documentation for Murrieta to input directly.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 58
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SERVICES PROVIDED BY MENIFEE: During the term of this Agreement, Menifee shall provide to Murrieta and be responsible for the following actions:

1. Police General Dispatch Service.
a. Provide daily rosters for all patrol shifts to Murrieta at the beginning of each shift. b. Notify Murrieta prior to conducting any operations with an OPS plan, including personnel involved and location.
c. Conform to Murrieta response protocols. Murrieta will collaborate with Menifee in good faith if there are any desired changes to response protocols by either party. d. Conform to Murrieta call types and dispositions. Murrieta will collaborate in good faith with Menifee if there are any desired changes to call types or dispositions by either party.
e. Conform to Murrieta's radio codes.
f. Follow established complaint procedures to address personnel and dispatching issues.

1. Orders received from Murrieta Communications Center related to the operation of the communications center are official department orders and will be treated as such. Menifee personnel receiving such orders shall comply. Wherever practical, Menifee's authorized representatives will be consulted prior to the implementation of new orders or procedures.

11. In the event of a dispute between a Murrieta dispatcher and Menifee field personnel, the dispute shall be referred to the employees' direct supervisors.

The employees' supervisors shall then be responsible for identifying a resolution to the dispute.
111. Issues unrelated to personnel complaints should be addressed at the line supervisor level initially. If resolution is not achieved for any type of issue, it shall be forwarded to authorized representatives for each agency for resolution.
1v. Proposed operational or procedural changes should be directed to the Murrieta Communication Manager and Menifee's authorized representative.

Item Title: 10.12
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2. Computer-Aided Dispatch and Records Management System. a. Establish and maintain telephone line(s) services as necessary to support the dispatch consolidation effort outlined in this Agreement.
b. Process all paperwork related to the records function including, but not limited to, records data entry, citation entry, or miscellaneous paperwork not related to the basic dispatch function and respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menifee. c. Submit a request to create a network account and accounts for Central Square CAD and/or RMS applications for a new hire to Murrieta. d. Notify Murrieta immediately of any separated employee so that the respective network and Central Square accounts can be deleted. e. Manage RMS user accounts, all agency specific code table maintenance, UCR, and ad hoc reporting.

Support Menifee's records workstations. Murrieta will assist Menifee as necessary to resolve any issues; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the RMS application. a. Provide all ad hoc reporting (using SSRS or other tools) from the CAD data warehouse and RMS database. Menifee will be provided view access to the databases to create the necessary reports.

3. Network Connectivity.

Provide and maintain a dedicated connection to Murrieta's core network including the installation and maintenance of network connections.

4. Ancillary Services.
a. Menifee Records Supervisor will be responsible for CJIS audits, yearly training and sign-offs for Menifee.
b. Maintain and manage the ORI and mnemonics for M enifee.

5. Mobile Data Computer System.
a. Maintain its own NetMotion server and provide the connectivity of the MDCs to the Murrieta CAD system along with related costs. b. Pay any costs to upgrade the current MDC software to MobileCOM if Menifee elects to upgrade the software.

Item Title: 10.12
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c. Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. b.d. Process audio recording requests for criminal, civil, and internal cases.

6. Geographic Information System.
a. Provide the initial Geofile and Maverick map layers. Menifee will be accountable for the quality of the data.
b. Work with Murrieta to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services.

For areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
c. Provide direct GIS files or agreed upon documentation for Geofile and Maverick map additions and changes on a quarterly or on an ad hoc basis as needed.

Menifee will review and sign off on Geofile changes incorporated by Murrieta on a quarterly basis. Upon sign-off, Menifee will be accountable for the quality of data.
d. Provide AT&T data and site plan/complex card detailed information to supplement the GIS Web Dispatch application.
e. Provide all updated geographic data to M urrieta.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 61
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 EXHIBIT "B"
Costs for Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch Services 2 the following:

A. Dispatcher and Dispatch Supervisor Costs.

1. Year One . In the first year, known as the Start-Up Period, Menifee's Dispatcher Costs will be the actual "Loaded Cost" of the dispatchers hired in support of providing Dispatch Services to Menifee, up to twelve (12) dispatchers. Loaded Cost shall be defined as base pay plus benefits._

2. Year Two. In the second year, commencing with the Go-Live Date, Menifee's portion of Dispatcher Costs will be 43% of the "Total Personnel Cost " 3. The Total Personnel Cost shall include the following:
a. The "Fully Burdened Cost" for all dispatchers. Murrieta will calculate the Fully Burdened Cost to include direct and indirect costs such as salaries and benefits without limitation, departmental support, supervision, and administrative overhead, including associated human resources costs; internal service costs; and indirect City-wide overhead costs.

Murrieta agrees to meet with Menifee prior to the Go Live Date to review the components of the Fully Burdened Cost. After meeting, Murrieta shall have the sole authority to determine both the direct and indirect components and to calculate the cost. b. Actual training costs incurred.
c. Overtime costs incurred by all dispatchers, applying base pay plus any additive pays that are payable on overtime hours including bi-lingual pay, Workers' Compensation and Medicare.

If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened Cost rates prior to May 31, 2020, Menifee's Dispatcher Cost shall be 43% of the Loaded Cost rate for all dispatchers plus actual training and overtime costs incurred.

3. Year Three and beyond . Commencing July 1, 2021, Dispatcher Costs will be calculated at the Fully Burdened Cost rate in the same manner as Year Two (described in subsection (A)(2) above) unless both Murrieta and Menifee agree in writing to a new formula prior to the commencement of any given year.

4. Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached
per section 5.b.iii
Item Title: 10.12
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 2 Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached.

Actual training costs incurred.

3. Overtime costs incurred by all dispatchers, applying base pay plus any additive pays that are payable on overtime hours including bi-lingual pay, Workers' Compensation and Medicare. 2 Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached.
43% is the the proportion of the twelve (12) dispatchers hired pursuant to the Agreement relative to the total number of dispatchers (twenty-eight (28), as of the Effective Date), rounded to the nearest whole number.

Recommend this be removed or note this effective prior to July 1, 2021.

Item Title: 10.12
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4. Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

5. The Parties specifically acknowledge that the amount due from Menifee is subject to annual adjustments at the beginning of the fiscal year based on Murrieta's personnel costs, including but not limited to increased labor costs as negotiated in the Memoranda of Understanding between Murrieta and the Murrieta General Employees Association and Murrieta Supervisors' Association, respectively, and any increases in employee compensation and benefits and changes in staffing leveslevels in the dispatch center.

6. Year Four and beyond. Commencing July 1, 2022, Dispatcher Cost for services rendered by dispatchers and dispatch Supervisors will be calculated at the Fully Burdened Cost rate per section 5.b.iii and cost shall be allocated using the Activity-Based Cost Allocation Methodology as described in section 5.b.iv. a. Actual training costs incurred.
b. Overtime costs incurred by all dispatchers and dispatch supervisors , applying base pay plus any additive pays that are payable on overtime hours including bi-lingual pay, Workers' Compensation and Medicare.

5.c. Leave Buy Out based on respective MOUs.

B. Non-Dispatcher Personnel Costs&
Performance of the dispatch services under this Agreement will require services and support from Murrieta personnel other than dispatchers including, but not limited to, supervisory or management dispatch personnel and information technology services. Menifee shall pay the Total Personnel Costs for the following positions in the following proportions and amounts (subject to adjustment as set forth herein):

1. During the Start Up Period, Menifee shall pay the Loaded Cost for the following positions:

Position Title Proportion
Communications Manager 43%
Radio Systems Administrator Hours actually worked up to Go Live Date Information Systems Analyst Hours actually worked up to Go Live Date Information Systems Technician Hours actually worked up to Go Live Date

2. In Year Two, commencing on the Go Live Date, Menifee shall pay the Fully Burdened Cost plus any applicable overtime for the following positions and in the following proportions:

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Position Title Proportion
Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost plus any applicable overtime for the following positions:

Position Title Proportion
Communications Manager 43%
Dispatch Supervisor s (4) 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Informat ion Systems Technician 10%

3. Estimates of Non-Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

4. Estimates of Non-Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.Year Four and beyond. Commencing July 1, 2022, Menifee shall pay the Fully Burdened Hourly Rate Cost plus any applicable overtime for the following positions and in the following proportions:

Position Title Proportion
Communications Manager % per section 5.b.iv.

Dispatch Supervisor % per section 5.b.iv.

RadioCAD/RMS Systems
Administrator
420%
Information Systems Analyst 30%
Item Title: 10.12
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Information Systems Technician 10%
Program Administrator As incurred
IT System Analysts Administrator As incurred
Management Financial Analyst 7.5%??
a. Actual training costs incurred.
b. Overtime costs, including Workers' Compensation and Medicare. c. On-Call pay based on respective MOUs.
d. Leave Buy Out based on respective MOUs.
c.!, Technology Costs
The Technology Costs consist of three components. The first1 component represents Menifee's contribution towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars ($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each Finance Payment loan payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred Forty-Eight Dollars and Twenty Cents ($41,848.20).

The second component of the Technology Costs is the Annual Technology Maintenance Costs. For the first year following the Go-Live Date, the Annual Technology Maintenance Costs will include an additional component for deferred start-up costs, as detailed in Exhibit B-2. For each subsequent year, the estimated Annual Technology Maintenance Costs are estimated as detailed in Exhibit B-3.

Menifee's responsibility for Annual Technology Maintenance Costs is based on the ratio of Menifee authorized sworn personnel to total number of authorized sworn personnel on the dispatch system .

The number of sworn personnel used for the above calculations will be updated annually at the meet and confer meeting held pursuant to Paragraph F, below.

The Annual Technology Maintenance Costs may change based upon a change in pricing and/or adjustments in the actual costs billed by the CAD vendor for the support renewal.

The third component of the Technology Costs are monthly subscriber rates for mobile, portable, and console radios ("Radio Costs"). Menifee's responsibility for Radio Costs for the first year following the Go Live Date shall be Thirty-Eight Dollars and Eighteen Cents ($38.18) per radio utilized by Menifee personnel. The Radio Costs increase by six percent (6%) for each following year through June 30, 2025.

Effective July 1, 2021, the County of Riverside started to invoice Menifee Police Department for their radio subscriptions.

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D. Offset Costs.

The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from the provision of Dispatch Services to Menifee, shall be offset against the Dispatcher Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta.

E. Payment M ethodology.

Notwithstanding the estimates provided above and in Exhibits B-1, B-2 and B-3, the amount paid by Menifee to Murrieta for the Costs for Services shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Costs for Services in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement.

F. Annual Meet and Confer.

The Parties shall meet and confer annually (as part of a coordination meeting s required by Section 6 of the Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the proportion of dispatchers called for under this Agreement to total dispatchers calculation of cost of services set forth in section 5(b), the proportion of Menifee end users to total end users, the proportion of Menifee radios to total radios, technology cost, the Annual annual Technology technology Maintenance maintenance Costscosts, and any offset costs received or anticipated to be received by Murrieta.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 67
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 EXHIBIT "B-1"
Estimated Personnel C osts
Year One (FY 2019/20)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $97,406.00 12 6mos. 100% $584,436.00
Comm Mgr!IT $164,048.00 1 12 mos. 43% $70,540.64
Radio Administrator * $108,667.00 1 12 mos. 40% $43,466.80 IT Analyst* $120,702.00 1 12 mos. 25% $30,175.50
IT Tech* $107,714.00 1 6mos. 10% $5,385.70
Total $734,004.64
Year Two (FY 2020/21)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $100,815.00 12 12 mos. 100% $1,209,780.00
Supervisors $119,961.00 4 12 mos. 43%4 $206,332.92
Comm Mgr $178,279.00 1 12 mos. 43% $76,659.97
Radio Administrator $112,470.00 1 12 mos. 20% $22,494.00 $131,173.00 1 12 mos. 20% $26,234.60IT Analyst
IT Tech $111,484.00 1 12 mos. 10% $5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas set forth in sections (A) and (B) of Exhibit B, be charged for and pay for actual costs notwithstanding 4 If Murrieta completes a Cost Allocation Plan by May 31, 2020, then Supervisor costs shall not be charged to Menifee, because such costs will be included in the Total Personnel Cost of Dispatchers.

Item Title: 10.12
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{Client Files/4540/l/K/S0567299.DOCX} 201375.0010/872796.1 the above estimates. In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20), the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged on an hourly basis for hours actually worked and thus the amounts listed for those positions are for illustration only.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 69
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/l/K/S0567299.DOCX} 301375.0010/872796.1 EXHIBIT "B-2"
Annual Technology C osts Deferred Start Up C osts
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY 20 - Year 2 Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101-250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software License Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software License Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 Total Tritech/Central Square CAD/RMS Quoted Add-on only Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1-day Remote Project Management Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2- days Remote Project Management Costs $ 1,400.00
Project Management from Central Square
Crossroads Crash Software
Project Management Costs $ 6,250.00
Project Management Services Cost $ 8,350.00
Site License $ 9,800.00
Total Additonal Required Software $ 9,800.00
Crime view implementation professional services Based on adding Menifee to Mmurrieta's Crimeview dashboard and advanced analytics $ 14,875.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly Subscription 50% of Murrieta Yearly Subscription $ 8,137.50 Field Ops(mobile app to CAD) Implementation $ 1,400.00 Field Ops Yearly Subscription Cost Subscription per user $ 2,400.00 IQ Search Implementation Implementation $ 1,100.00
IQ Search Yearly Subscription Yearly Subscription $ 4,800.00 Project Management for CrimeView and Field Ops Project Management Costs Total Optional Software Licensing and lmplentation Costs _$. 2,'-4_6_4_.o_o_
$ 35,176.50
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 31,552.64 Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software maintenance $ 22,555.54
Duo Software (2FA) 2FA Software (Annually) $ 7,424.00 Endpoint Protection Carbonblack security software for dispatch computers $ 107.44 Vmware Licensing 50% share of the host licenses (3 hosts) $ 3,000.00 Software Renewals $ 64,639.62
Internet (Failover)
Internet (Primary)
Failover Internet Connection (Monthly)
Primary Internet Connection - Shared Cost (Monthly) $ 10,788.00
$ 8,027.76
Internet Service Costs $ 18,815.76
Grand Total (does not include taxes) $ 224,558.20
NOTE:

Central Square aggreed agreed to payment terms of 50% at start and 50% at go-live Does not include the possible renewal increase of 3% for Central Square Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 70
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 101375.0010/872796.1 EXHIBIT "B-3"
Annual Technology Maintenance C osts
\1enifee Dispatching Services
Hara ware and Software Costs by Year
08/05/2019
Summary
FY21 -costs
Software Renewals
-
$ -----65
-
,53
-
9 -
.62
-
Internet (Failover)
Internet {Primary)
Optional Software Renewals
-
$
--
15 -
, 3 3
-
7 . 5
-
0 Faiiover Internet Connection (Monthly) $ 10,788.00
Primary Internet Connection- Shared Cost (Monthly)_$ 8 ,0_2_7_.7_6_ lmernet Service Costs $ 18,815.76
Grand Total_$,,..._99-,-69_2 88-
NOTE:

Does '10t incl:JC:e the possible etiewal ir.crease of 3% for Central SquarF Annual Maintenance for new Software This cost reflects maintenance fortheadditional software licenses $ 31,552.64 Annual Maintenar.ce for Menifee Portion of Central Square Software Th's cost reflects Meri!fee's share of 36% of the eKisti ng annual maintenance $ 22,555.54 Crossroads Annual Maintenance Crossroads Crash Software $ 900.00 Duo Software (2FA) 2FA Software (Annually) $ 7,424.00 Endpoint Protection Carbonb!ack security software for dispatch computers $ 107.44 Vmware Licensing 50%share of the host licenses (3 hosts) $ 3,000.00 Field Ops Yearly Subscription Cost Subscription per user 2,400.00 Crimeview (Advanced reporting, Nearme, dashboard) Yearly 50% of Murrieta Year!y Subscription Subscription 8,137.50
IQ Search Yearly Subscription Yearly Subscription 4,800.00 Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 71
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May 17, 2023
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{Client Files/4540/1/K/S0567299.DOCX} 201375.0010/872796.1 EXHIBIT "C"
Start-Up C osts
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services 5 the following:

A. Equipment, Hardware and Software. All such equipment and software as is necessary to provide the services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta.

Such equipment and software includes, but is not limited to those items listed on Exhibit C-1.

B. Other Equipment, Furniture, and Infrastructure. All such equipment, furniture, and other infrastructure (not otherwise listed in Exhibit C-1) as is necessary to provide the services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta. Such equipment, furniture, and other infrastructure includes, but is not limited to, dispatch ergonomic workstations, Motorola dispatch console radio equipment; telephone and 9-1-1 Vesta console equipment; acquired computers, monitors, telephones, printers; and retrofit of the dispatch center as necessary to accommodate the additional demand created by providing the Services listed in Exhibit A.

C. Murrieta Legal Services. Menifee shall further pay for half of all costs incurred by Murrieta for services by its City Attorney's office in preparing the Agreement upon invoice by Murrieta.

D. Offset Costs. The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from or are in connection with the Start-Up Services shall be offset against the Start-Up Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta. If the grant, subsidy, or reimbursement is received after the Start-Up Period, it shall be offset against Costs for Service in the period in which it is received.

E. Payment M ethodology.

Notwithstanding the estimates provided in Exhibits C-1, the amount paid by Menifee to Murrieta for the Start-Up Costs shall be the actual costs incurred by Murrieta, even if such costs exceed (or are less than) the estimate.

Menifee shall make payments to Murrieta for its share of the Start-Up Costs in accordance with the invoicing and payment procedure set forth in Section 5(d) of the Agreement.

Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to which this Exhibit C is attached.

Item Title: 10.12
Agreement Amendment with the City of Murrieta for Dispatch Services Item Page Number: 72
Menifee Mayor and City Council
May 17, 2023
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{Client Files/4540/l/K/S0567299.DOCX}01375.0010/872796.1 EXHIBIT "C-1"
Equipment, Hardware, and Softw are
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY19 - Year One Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101•250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software license Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software license Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 50% of Total Trttech/Central Square CAD/RMS Quoted Add-on only Cost $ B7,n6.32
Inform CAD Business Analysis and Consultation Service 1·day Remote Project Maragement Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2· days Remote Project Management Costs $ 1,400.00
Project Management from Central Square Project Managemeet Costs $ 6,250.00 50% of Project Management Services Cost .....,.$--8-,35---0-.00- Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software
Crossroads Crash Software
Property & Evidence Hardware
maintenance$ 22,555.54
Total Menifee Portion of Annual Maintenance $ 22,555.54 Site license• To Be Installed on June 1, 2020 w/ bill due 7/1/2020 $ Total Addltonal Required Software--,-$
Zebra and Topaz label printers, signature pads and scanners $ 5,889.77 Total P&E Hardware Costs $ 5,889.77
Duo Software {2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 644.80 MS Core CAL
Client access license for Window machines for Dispatch computers $ 1,580.00 MS Office CAL Microsoft Office license for dispatch computers $ 1,536.00 Total Software Costs _$_1_1_ ,184 80-
Desktop Computer Dell 7060 SFF 5 Year Warranty Plus Tariff Increase for Dispatch plus extra video card $ 4,000.00
22" Monitor Dell P2117H for Dispatch (4 per computer) $ 3,232.00 Total Hardware Costs ...$.._7_.2_3_2_.oo_
PCM·G Network Services Network services to configure and establish the network between Menifee and Murrieta $ 31,601.77
internet {Failover) Failover Internet Connection (Monthly) $ 899.00 internet (Primary) Primary Internet Connection· Shared Cost (Monthly) $ 668.98 Total Network Services Cost $ 33,169.7S
Grand Total (does not incldude taxes) $ 176,158.18
NOTE:

Central Square aggreed agreed to payment terms of 50% at start anoand 50% at go.live Item Title: 10.12
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services
MEETING DATE: May 17, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement with STC Traffic, Inc. for On-Call Traffic Engineering services in an amount not-to-exceed $54,900, for a total agreement amount of $130,000.

DISCUSSION
The Public Works Land Development Engineering Division (“Engineering”) is responsible for processing and approving developer submittals for private residential, commercial, and industrial developments. These developments require plan check and review of traffic signal improvements, roadway striping, and traffic studies to ensure facilities are designed for maximum public safety and are in alignment with City Standards.

In August 2022, the City Council approved the establishment of a short-list of engineering firms determined to be qualified to provide On-Call Engineering services for Engineering. STC Traffic, Inc. (STC) was included on the short-list of qualified firms to provide specialized services and analysis/review of various traffic impact studies. In September 2022, the City entered into a Professional Services Agreement (PSA) with STC in an amount not-to-exceed of $75,100 for Fiscal Year (FY) 2022/2023. The services provided through the PSA are development project specific and costs for services are supported by developer deposits (recoverable services).

Due to recent vacancies of staff in the Traffic section of Engineering, the need for On-Call Engineering services has increased to ensure that project approvals continue to be processed in a timely manner. The proposed Amendment No. 1 with STC is required to ensure the City remains responsive to current plan check requests. The Amendment would increase the current compensation amount by $54,900 for a total agreement not-to-exceed amount of $130,000.

Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 1
Menifee Mayor and City Council
May 17, 2023
Page
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City of Menifee Staff Report
Amendment No. 1 – STC Traffic, Inc.

April 5, 2023

1 5
7 0

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no additional budget appropriation needed for this item. Associated funding required for proposed Amendment No. 1 in the amount of $54,900 is available in FY 2022/2023 operating budget, within Account No. 100-4551-52825 Professional Services (Recoverable). Additionally, as noted in the discussion section, all costs associated with traffic plan reviews are recoverable and fully supported by pre-paid developer deposits.

ATTACHMENTS

1. Original Agreement

2. Amendment No. 1
Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 2
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2671/031858-0001
7630376.2 a01/03/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (PLAN CHECK)

SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and STC TRAFFIC, INC., a California S-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. 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 referen ce (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on September 21, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

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

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Sept.21
Item Title: 10.13
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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.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SEVENTY FIVE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($75,100.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compe nsation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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Invoices shall be submitted to:

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

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

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

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

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

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 Ser vices satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

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 t hose facilities shall be in the sole discretion of City. In no event shall City be DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 5
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required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charge s, 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 requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r 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 t wice 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 DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 6
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damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional lia bility 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 following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, incl uding 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:

FISCAL YEAR 2022/23 ON- CALL PROFESSIONAL ENGINEERING (PLAN CHECK) SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary ins urance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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During the term of this Agreement, only up on 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 a pproval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

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

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemn ification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City fro m 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 during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personne l 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 a ny 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 compensati on, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreem ent unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It 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, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, 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 defi ned by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Co nsultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

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SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant w ith compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is ba sed upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

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 . If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agr eement (“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 any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clear ly identified and readily accessible.

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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9.4 Inspection and Audit of Records . Any 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 bus iness hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination a nd audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any acti on, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this 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.

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

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

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

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Stephen Manganiello (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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10.8 City Cont ract Administration . This Agreement shall be administered by a City employee, Nick Fidler , Public Works Director/City Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

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

STC TRAFFIC, INC.

Attn: Stephen Manganiello
5865 Avenida Encinas, Suite 142-B
Carlsbad, CA 92008
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nick Fidler, Public Works Director/City Engineer with a copy to:

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

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

__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of s uch 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 attach ed hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

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

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

10.16 No Third Party Beneficiaries. 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.

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

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises a uthority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Jason Stack, President

Stephen Manganiello, Vice President

[Corporation must have two signatures]
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7630376.2 a01/03/22 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Fiscal Year 2022/23 On- Call Professional Engineering (Plan Check )Services in the amount not to exceed SEVENTY FIVE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($75,100.00) as further detailed in the following page(s).

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 18
Menifee Mayor and City Council
May 17, 2023
Page
824 of 1033

2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.

DocuSign Envelope ID: C4C9CDC7-A4A2-4FE5-B906-D1A63648E2ED DocuSign Envelope ID: FB886D5B-658B-476D-B04F-F346A5D72D13 Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 19
Menifee Mayor and City Council
May 17, 2023
Page
825 of 1033

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING
(PLAN CHECK) SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on September 21, 2022 between the City of Menifee (“City”) and STC TRAFFIC, INC. (“Consultant”) for FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (PLAN CHECK) SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to increase the compensation amount as indicated below:

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

2.SECTION 2, “Compensation” is amended to increase the maximum compensation by $54,900.00 (FIFTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed $130,000.00 (ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 20
Menifee Mayor and City Council
May 17, 2023
Page
826 of 1033

Professional Services Amendment No. 1 with STC TRAFFIC, INC.

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide FISCAL YEAR 2022/23 ON-CALL PROFESSIONAL ENGINEERING (PLAN CHECK) SERVICES in the amount not to exceed $130,000.00 (ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS) as further detailed in the following page(s).

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

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 21
Menifee Mayor and City Council
May 17, 2023
Page
827 of 1033

Professional Services Amendment No. 1 with STC TRAFFIC, INC.

CITY OF MENIFEESTC TRAFFIC, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Jason Stack, President Attest: ________________________________
Stephen Manganiello, Vice President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 22
Menifee Mayor and City Council
May 17, 2023
Page
828 of 1033

EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES (AMENDMENT NO. 1)
Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

Services shall include FY 2022/23 On-Call Traffic Engineering Services (Plan Check) in the amount not to exceed ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS ($130,000.00) as further detailed in the following page(s).

Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 23
Menifee Mayor and City Council
May 17, 2023
Page
829 of 1033

EXHIBIT A
Item Title: 10.13
Agreement Amendment with STC Traffic, Inc. for On-Call Traffic Engineering Services Item Page Number: 24
Menifee Mayor and City Council
May 17, 2023
Page
830 of 1033

CITY OF MENIFEE
SUBJECT: Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements for
Hidden Hills Tract 30142-1
MEETING DATE: May 17, 2023
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Right-of-way and Flood Control Improvements for Hidden Hills from KB Homes Coastal Inc., associated with the development of Tract Map 30142-1, located south of Craig Avenue and east of Evans Road; and

2. Approve Quitclaim Deed and Certificate of Acceptance for Hidden Hills for a portion of Parcel 2 of Parcel Map No. 15837, RCFC Parcel No. 4395-500; and

3. Approve Quitclaim Deed and Certificate of Acceptance for Hidden Hills for a Portion of Parcel 4 of Parcel Map No. 11586, RCFC Parcel No. 4395-501; and

4. Approve Quitclaim Deed and Certificate of Acceptance for Hidden Hills for a portion of Parcel 1 of Parcel Map No. 15395, RCFC Parcel No. 4395-502; and

5. Approve Quitclaim Deed and Certificate of Acceptance for Hidden Hills for a Portion of Parcel 2 of Parcel Map No. 15395, RCFC Parcel No. 4395-503.

DISCUSSION
Tract 30142-1, also known as Hidden Hills Phase 1 by KB Home Coastal (“KB Homes”), is a 114 lot single family home residential subdivision generally located south of Craig Avenue and east of Evans Road. The Riverside County Flood Control and Water Conservation District (RCFCD) has accepted ownership of certain storm drain facilities constructed as a required condition of the development of Tract 30142-1.

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 1
Menifee Mayor and City Council
May 17, 2023
Page
831 of 1033

City of Menifee Staff Report
Tract 30142-1 Storm Drain Easements
May 17, 2023

1 5
2 4
On June 19, 2007, and prior to incorporation of the City, the County of Riverside Transportation and Land Management Agency (TLMA) and KB Homes entered into a cooperative agreement (“Agreement”), recorded as No. 2007-0481879 in the Official Records of Riverside County, pertaining to the construction, inspection and acceptance of District Drainage Facilities, County Drainage Facilities, and proposed public access and recreational amenities associated with Tract No. 30142-1. In June 2011, the Agreement was amended, restated, and recorded as No. 2011- 0286885 (“Amended Agreement”) to replace the agreement entered into with the developer prior to the City’s incorporation. The Amended Agreement defines the roles and responsibilities for construction, inspection, and maintenance of multiple storm drain facilities including the Menifee Valley – Evans Road Channel. The Amended Agreement required the developer of Tract 30142-1 to construct interim and permanent storm drain facilities that would ultimately be owned and maintained by either the City or the District, as outlined in the Agreement.

There are existing access easements for drainage and storm drain purposes located in Tract 30142-1 and adjacent to the development in Tract 30142-2 that were previously dedicated to the County of Riverside prior to the City’s incorporation. These dedications were offered, but not accepted in the final maps that were recorded in April 2010, and November 2012, for Tract 30142- 1 and Tract 30142-2, respectively.

These easements were never formally accepted by the City from the developer and are now proposed for acceptance as the improvements have been completed and inspected. Following acceptance, portions of right-of-way of four parcels are proposed to be quitclaimed to RCFCD for operations and maintenance of District Drainage Facilities and County Drainage Facilities.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact to the City related to this item. The developer was responsible for all costs incurred in constructing the storm drain facilities. Upon acceptance of the Project, RCFCD would be responsible for the operation and maintenance of specific drainage facilities as identified in the attached Amended Agreement.

ATTACHMENTS

1. Project Location Map

2. Grant Deed – Doc # 2010-0262980

3. Quitclaim Deed – Parcel No. 4395-500

4. Quitclaim Deed – Parcel No. 4395-501

5. Quitclaim Deed – Parcel No. 4395-502

6. Quitclaim Deed – Parcel No. 4395-503

7. Amended Agreement
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 2
Menifee Mayor and City Council
May 17, 2023
Page
832 of 1033

C it y o f M e n if e e M a p
C it y o f M e n if e e , S o u r c e : E s r i, M a x a r , E a r t h s t a r G e o g r a p h ic s , a n d t h e G I S U s e r C o m m u n it y
C it y B o u n d a r y
P a r c e ls
M a jo r R o a d s
F r e e w a y s & H ig h w a y s
4 / 2 6 / 2 0 2 3 , 2 : 3 0 : 1 9 P M
0 0 . 1 0 . 20 . 0 5 m i
0 0 . 2 0 . 40 . 1 k m
1 : 9 , 0 2 8
C it y S t a f f
M a x a r | C it y o f M e n if e e | R C I T - G I S | C it y o f M e n if e e ; Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 3
Menifee Mayor and City Council
May 17, 2023
Page
833 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 4
Menifee Mayor and City Council
May 17, 2023
Page
834 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 5
Menifee Mayor and City Council
May 17, 2023
Page
835 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 6
Menifee Mayor and City Council
May 17, 2023
Page
836 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 7
Menifee Mayor and City Council
May 17, 2023
Page
837 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 8
Menifee Mayor and City Council
May 17, 2023
Page
838 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 9
Menifee Mayor and City Council
May 17, 2023
Page
839 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 10
Menifee Mayor and City Council
May 17, 2023
Page
840 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 11
Menifee Mayor and City Council
May 17, 2023
Page
841 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 12
Menifee Mayor and City Council
May 17, 2023
Page
842 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 13
Menifee Mayor and City Council
May 17, 2023
Page
843 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 14
Menifee Mayor and City Council
May 17, 2023
Page
844 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 15
Menifee Mayor and City Council
May 17, 2023
Page
845 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 16
Menifee Mayor and City Council
May 17, 2023
Page
846 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 17
Menifee Mayor and City Council
May 17, 2023
Page
847 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 18
Menifee Mayor and City Council
May 17, 2023
Page
848 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 19
Menifee Mayor and City Council
May 17, 2023
Page
849 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 20
Menifee Mayor and City Council
May 17, 2023
Page
850 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 21
Menifee Mayor and City Council
May 17, 2023
Page
851 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 22
Menifee Mayor and City Council
May 17, 2023
Page
852 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 23
Menifee Mayor and City Council
May 17, 2023
Page
853 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 24
Menifee Mayor and City Council
May 17, 2023
Page
854 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 25
Menifee Mayor and City Council
May 17, 2023
Page
855 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 26
Menifee Mayor and City Council
May 17, 2023
Page
856 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 27
Menifee Mayor and City Council
May 17, 2023
Page
857 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 28
Menifee Mayor and City Council
May 17, 2023
Page
858 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 29
Menifee Mayor and City Council
May 17, 2023
Page
859 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 30
Menifee Mayor and City Council
May 17, 2023
Page
860 of 1033

242843
Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Menifee Valley – Evan Road Channel The undersigned grantor(s) declare(s) Project No. 4-0-00395 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract 30142-1 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 360-170-005 (portion)
RCFC Parcel No. 4395-500

GRANT DEED
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a California corporation , the "Grantor", grants to, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic , the "Grantee", the real property situated in the City of Menifee, County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and "B" and made a part hereof , hereafter referred to as "Channel ROW"
RESERVING THEREFROM, unto the Grantor, an easement for maintenance activities within Channel ROW which included but are not limited to access, routine maintenance of channel and water quality features.

CITY OF MENIFEE, a California corporation:

By:

BILL ZIMMERMAN, Mayor
Date
ATTESTS:

STEPHANIE ROSEEN,
Acting Clerk to the City of
Menifee
By: City Clerk (SEAL)
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 31
Menifee Mayor and City Council
May 17, 2023
Page
861 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 32
Menifee Mayor and City Council
May 17, 2023
Page
862 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 33
Menifee Mayor and City Council
May 17, 2023
Page
863 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 34
Menifee Mayor and City Council
May 17, 2023
Page
864 of 1033

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by Grant Deed, dated from the CITY OF MENIFEE ("Grantor") to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By:

JASON E. UHLEY
General Manager-Chief Engineer

Project: Menifee Valley – Evans Road Channel
Project No. 4-0-00395
APN 360-170-005 (por)
RCFC Parcel No. 4395-500
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 35
Menifee Mayor and City Council
May 17, 2023
Page
865 of 1033

242856
Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Menifee Valley – Evan Road Channel The undersigned grantor(s) declare(s) Project No. 4-0-00395 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract 30142-1 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 360-170-006 (Portion)
RCFC Parcel No. 4395-501

GRANT DEED
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a California corporation , the "Grantor", grants to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body politic , the "Grantee", the real property situated in the city of Menifee, County of Riverside, State of California, described in the legal description attached hereto as Exhibit "A" and "B" and made a part hereof , hereafter referred to as "Channel ROW".

RESERVING THEREFROM, unto the Grantor, an easement for maintenance activities within Channel ROW, which include, but are not limited to , access, routine maintenance of channel and water quality features.

CITY OF MENIFEE, a California corporation:

By:

BILL ZIMMERMAN, Mayor
Date:

ATTESTS:

STEPHANIE ROSEEN,
Acting Clerk to the City of
Menifee
By: City Clerk (SEAL)
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 36
Menifee Mayor and City Council
May 17, 2023
Page
866 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 37
Menifee Mayor and City Council
May 17, 2023
Page
867 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 38
Menifee Mayor and City Council
May 17, 2023
Page
868 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 39
Menifee Mayor and City Council
May 17, 2023
Page
869 of 1033

242856

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by Grant Deed dated from CITY OF MENIFEE ("Grantor") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recor dation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By:

JASON E. UHLEY
General Manager-Chief Engineer

Project: Menifee Valley – Evans Road Channel
Project No. 4-0-00395
APN 360-170-006 (por)
RCFC Parcel No. 4395-501
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 40
Menifee Mayor and City Council
May 17, 2023
Page
870 of 1033

242853
Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Menifee Valley – Evan Road Channel The undersigned grantor(s) declare(s) Project No. 4-0-00395 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract 30142-1 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 360-190-001 (portion)
RCFC Parcel No. 4395-502

GRANT DEED
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a California corporation , the "Grantor", grants to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic , the "Grantee", the real property situated in the city of Menifee, County of Riverside, State of California, described in the legal description attached hereto as Exhibit "A" and "B" and made a part hereof , hereafter referred to as "Channel ROW".

RESERVING THEREFROM, unto the Grantor, an easement for maintenance activities within Channel ROW, which include, but are not limited to , access, routine maintenance of channel and water quality features.

CITY OF MENIFEE, a California corporation:

By:

BILL ZIMMERMAN, Mayor
Date:

ATTESTS:

STEPHANIE ROSEEN,
Acting Clerk to the City of
Menifee
By: City Clerk (SEAL)
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 41
Menifee Mayor and City Council
May 17, 2023
Page
871 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 42
Menifee Mayor and City Council
May 17, 2023
Page
872 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 43
Menifee Mayor and City Council
May 17, 2023
Page
873 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 44
Menifee Mayor and City Council
May 17, 2023
Page
874 of 1033

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by Grant Deed dated from CITY OF MENIFEE ("Grantor") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee") is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By:

JASON E. UHLEY
General Manager-Chief Engineer

Project: Menifee Valley – Evans Road Channel
Project No. 4-0-00395
APN 360-190-001 (por)
RCFC Parcel No. 4395-502
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 45
Menifee Mayor and City Council
May 17, 2023
Page
875 of 1033

242857
Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Menifee Valley – Evan Road Channel The undersigned grantor(s) declare(s) Project No. 4-0-00395 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Tract 30142-1 ENTITY OR POLITICAL SUBDIVISION R&T 11922 APN 360-190-002 (Portion)
RCFC Parcel No. 4395-503

GRANT DEED
FOR VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a California corporation , the "Grantor", grants to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body politic , the "Grantee", the real property situated in the City of Menifee, County of Riverside, State of California, described in the legal description attached hereto as Exhibit "A" and "B" and made a part hereof , hereafter referred to as "Channel ROW".

RESERVING THEREFROM, unto the Grantor, an easement for maintenance activities within Channel ROW, which include, but are not limited to , access, routine maintenance of channel and water quality features.

CITY OF MENIFEE, a California corporation:

By:

BILL ZIMMERMAN, Mayor
Date:

ATTESTS:

STEPHANIE ROSEEN,
Acting Clerk to the City of
Menifee
By: City Clerk (SEAL)
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 46
Menifee Mayor and City Council
May 17, 2023
Page
876 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 47
Menifee Mayor and City Council
May 17, 2023
Page
877 of 1033

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 48
Menifee Mayor and City Council
May 17, 2023
Page
878 of 1033

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by Grant Deed dated from CITY OF MENIFEE ("Grantor") to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recor dation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

Date: By:

JASON E. UHLEY
General Manager-Chief Engineer

Project: Menifee Valley – Evans Road Channel
Project No. 4-0-00395
APN 360-190-002 (por)
RCFC Parcel No. 4395-503
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 49
Menifee Mayor and City Council
May 17, 2023
Page
879 of 1033

PLE}S.E COMPLETE TH1S INFORMATION
, RECORDING REOUESTED BY: DOC # 2011-0286885
06/29/2011 11:19A Fee:NCRIVERSIDE COUNTY FLOOD CONTROL Page 1 of 32 AND WATER CONSERVATION DISTRICT Recorded in Official Records County of Riverside
Larry W. Ward
FREE RECORDING Assessor, County Clerk & Recorder
This instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and should be recorded without a fee pursuant to Govt. Code 6103. 111111111\\1111111111111111111111\ 1111\ 111111111111111\

AND WHEN RECORDED MAIL TO:

RlVERSIDE COUNTY FLOOD CONTROL S R U PAGE SIZE DA MISC LONG RFD COPY AND WATER CONSERVATION DISTRlCT I ::<'l1995 MARKET STREET M A L 465 426 PCOR NCaR EXAM RlVERSIDE, CA 92501-1770 SMF I~CH9
NC{,f/CL- h: cry UNI [t;

AMENDED AND RESTATED

COOPERATIVE AGREEMENT
Title of Document

PROJECT: Menifee Valley - Evans Road Channel, - Quilt
Way Storm Drain, - Reed Court Stonn Drain
and - Wickerd and Garbani Roads Stonn Drain
Lateral
PROJECT NO: Project Nos. 4-0-00395,4-0-00398,4-0-00399, and 4-0-00389 - Tract No. 30142-1
DEVELOPER: KB Home Coastal, Inc.

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 50
Menifee Mayor and City Council
May 17, 2023
Page
880 of 1033

5 10
15 20
25 121951
AMENDED AND RESTATED COOPERATIVE AGREEMENT 1/ 0
Menifee Valley - Evans Road Channe .0 Itract No. ---!I.!..I(--=:'-L---::..J..:..~ Menifee Valley - Quilt Way Storm Drai 'er j e Co Tran po 2 Menifee Valley - Reed Court Storm Drain

Menifee Valley - Wickerd and Garbani Roads Strom Drain Lateral 3 (Project Nos.4-0-00395, 4-0-00398, 4-0-00399 and 4-0-00389)

4 (Tract No. 30142-1)

The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
6 CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF MENIFEE, 7 hereinafter called "CITY", the COUNTY OF RIVERSIDE TRANSPORTATION

8 DEPARTMENT, hereinafter called "TRANSPORTATION", the COUNTY OF RIVERSIDE

9 ECONOMIC DEVELOPMENT AGENCY, hereinafter called "AGENCY", and KB HOME

11 COASTAL, INC., a California corporation, hereinafter called "DEVELOPER", hereby agree as 12 follows:
13 RECITALS
14 A. DEVELOPER has submitted for approval Tract No. 30142-1 in the City of Menifee and as a condition for approval DEVELOPER must construct certain flood control 16 facilities in order to provide flood protection and drainage for DEVELOPER'S planned 17 development; and 18
B. The required facilities, all as shown in District Drawing Nos. 4-942 and 4­19 1005, include:
21 (i) approximately 2, I 00 lineal feet of earthen trapezoidal channel, 22 hereinafter called "CHANNEL" as shown in concept in purple on Exhibit "A" attached hereto 23 and made a part hereof;
24 (ii) four (4) underground storm drains, hereinafter altogether called "STORM DRAINS", as shown in concept in red on Exhibit "A". Included among STORM 26 27 DRAINS are (a) approximately 205 lineal feet of reinforced concrete box identified as "QUILT 28 WAY STORM DRAIN", (b) approximately 320 lineal feet of underground storm drain - I ­
MAY 242011 11.3
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 51
Menifee Mayor and City Council
May 17, 2023
Page
881 of 1033

5 10
15 20
25 121951
identified as "REED COURT STORM DRAIN", (c) approximately 850 lineal feet of reinforced concrete box and an associated inlet structure, all identified as "WICKERD AND GARBANI 2 ROADS STORM DRAIN LATERAL", and (d) approximately 150 feet of underground storm 3

drain lateral identified as "LINE A"; and
4 (iii) approximately 600 lineal feet of irregular earthen channel, hereinafter 6 called "OUTLET CHANNEL", as shown in concept in green on Exhibit "A". Together, 7 CHANNEL, STORM DRAINS and OUTLET CHANNEL are hereinafter called "DISTRICT 8 DRAINAGE FACILITIES"; and
9 C. Associated with the construction of CHANNEL is the construction of three roadway culverts including (i) a six-cell culvert located at Craig Avenue, (ii) a ten-cell culvert 11 12 located at Quilt Way; and (iii) a six-cell culvert located at Yeoman Place, together hereinafter 13 called "ROAD CULVERTS", as shown in concept in blue on Exhibit "A"; and 14 D. Associated with the construction of CHANNEL, ROAD CULVERTS and STORM DRAINS is the construction of certain catch basins, connector pipes and laterals 16 located within CITY held easements or rights of way, hereinafter called "APPURTENANCES". 17 Together, ROAD CULVERTS and APPURTENANCES are hereinafter called "CITY18 19 DRAINAGE FACILITIES". Together, CITY DRAINAGE FACILITIES and DISTRICT DRAINAGE FACILITIES, are hereinafter called "PROJECT"; and 21 E. Construction of PROJECT has commenced prior to execution of this 22 Agreement pursuant to the terms of a Right of Entry and Inspection Agreement, hereinafter 23 called "INSPECTION AGREEMENT", executed January 22, 2010, between DISTRICT and 24 DEVELOPER; and
F. DEVELOPER and CITY desire DISTRICT to accept ownership and26 27 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES. 28 Therefore, DISTRICT must review and approve DEVELOPER'S plans and specifications for - 2 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 52
Menifee Mayor and City Council
May 17, 2023
Page
882 of 1033

5 10
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25 121951
PROJECT and subsequently inspect the construction of DISTRICT DRAINAGE FACILITIES; and
2 G. DEVELOPER and DISTRICT desire CITY to accept ownership and3 4 responsibility for the operation and maintenance of CITY DRAINAGE FACILITIES and to accept responsibility for performing "routine" day to day maintenance activities within 6 CHANNEL right of way. Therefore, CITY must review and approve DEVELOPER'S plans and 7 specifications for PROJECT and subsequently inspect the construction of CITY DRAINAGE 8 FACILITIES; and
9 H. DEVELOPER wishes to construct CHANNEL as a "green-belt" facility that will utilize a bio-swale to treat runoff water for water quality purposes within DISTRICT'S 11 12 future CHANNEL right of way. DISTRICT is willing to allow CITY access and use of said 13 right of way for water quality and maintenance purposes provided CITY is willing to (i) accept 14 certain maintenance responsibilities within DISTRICT'S CHANNEL right of way as set forth herein; and (ii) indemnify and hold DISTRICT hannless from any claims arisirig from CITY'S 16 use of DISTRICT'S future CHANNEL right of way; and
17 18 I. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and specifications for PROJECT, (ii) inspect the construction of DISTRICT DRAINAGE19 FACILITIES, and (iii) accept ownership and responsibility for the operation and maintenance of 21 DISTRICT DRAINAGE FACILITIES, provided DEVELOPER (i) complies with this 22 Agreement, (ii) pays DISTRICT the amount specified herein to cover DISTRICT'S plan review 23 and construction inspection costs, (iii) constructs PROJECT in accordance with plans and 24 specifications approved by DISTRICT and CITY, (iv) obtains all necessary permits, regulatory 26 permits, licenses and rights of entry as set forth herein, (v) obtains and conveys to DISTRICT 27 .the necessary rights of way for the inspection, operation and maintenance of DISTRICT 28 DRAINAGE FACILITIES as set forth herein, and (vi) accepts ownership and responsibility for - 3 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 53
Menifee Mayor and City Council
May 17, 2023
Page
883 of 1033

5 10
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25 \2\95\
the operation and maintenance of PROJECT following completion of PROJECT construction 2 until such time as DISTRICT accepts ownership and responsibility for the operation and 3 maintenance of DISTRICT DRAINAGE FACILITIES and CITY accepts ownership and 4 responsibility for the operation and maintenance of CITY DRAINAGE FACILITIES; and

1. CITY is willing to (i) review and approve DEVELOPER'S plans and 6 specifications for PROJECT, (ii) accept and hold faithful performance and payment bonds 7 submitted by DEVELOPER for DISTRICT DRAINAGE FACILITIES, (iii) consent to the 8 recordation and conveyance of the Irrevocable Offer(s) of Dedication furnished by 9 DEVELOPER as provided herein, (iv) grant DISTRICT the right to inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way, (v) inspect 11 12 construction of CITY DRAINAGE FACILITIES and CHANNEL, (vi) accept ownership and 13 responsibility for the operation and maintenance of CITY DRAINAGE FACILITIES, (vii) 14 accept responsibility for the performance of routine maintenance of CHANNEL, (viii) accept sole responsibility for the operation and maintenance of CHANNEL'S water quality features 16 following DEVELOPER'S completion of its responsibilities under the California Regional 17 Water Control Board's 401 Certification letter dated May 5, 2005, and (ix) indemnify and hold 18 19 DISTRICT harmless from any claims arising from CITY'S use of the proposed CHANNEL right of way as set forth herein provided PROJECT is constructed in accordance with plans and 21 specifications approved by DISTRICT and CITY; and
22 K. On June 19, 2007, DISTRICT, TRANSPORTATION, AGENCY and 24 Document No. 2007-0481879 in the Official Records of Riverside County, hereinafter called 26 "PREVIOUS AGREEMENT", pertaining to Tract No. 30142-1 and the construction, inspection 27 and acceptance of DISTRICT DRAINAGE FACILITIES, COUNTY DRAINAGE FACILITIES 28 and proposed public access and recreational amenities associated with PROJECT. However, - 4 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 54
Menifee Mayor and City Council
May 17, 2023
Page
884 of 1033

5 10
15 20
25 121951
DEVELOPER has not commenced construction of PROJECT under the terms of PREVIOUS AGREEMENT. Consequently, DISTRICT has not accepted DISTRICT DRAINAGE 2 FACILITIES for ownership, operation and maintenance, TRANSPORTATION has not3 4 accepted COUNTY DRAINAGE FACILITIES for ownership, operation and maintenance, and AGENCY has not accepted responsibility for public access and amenities as set forth in 6 PREVIOUS AGREEMENT; and
7 L. CITY was incorporated on October I, 2008, and has subsequently assumed 8 many of the responsibilities formerly performed by TRANSPORTATION and/or AGENCY; 9 and
M. DISTRICT, CITY, TRANSPORTATION, AGENCY and DEVELOPER 11 12 mutually desire and agree that the provisions of this Agreement shall supersede all provisions of 13 PREVIOUS AGREEMENT.
14 NOW, THEREFORE, the parties hereto mutually agree as follows:

SECTION I 16
17 DEVELOPER shall:
18 1. Prepare plans and specifications for PROJECT, as shown on District with DISTRICT and CITY standards, and submit them to DISTRICT and CITY for their review 21 22 and approval.
23 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic 24 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to cover DISTRICTS costs associated with the review of IMPROVEMENT 26 PLANS, review and approval of right of way and conveyance documents, and with the 27 processing and administration of this Agreement.
28 - 5 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 55
Menifee Mayor and City Council
May 17, 2023
Page
885 of 1033

5 10
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25 121951

3. Deposit with DISTRICT (Attention: Business Office - Accounts Receivable), at the time of providing written notice to DISTRICT of the start of DISTRICT 2 DRAINAGE FACILITIES construction as set forth in Section 1.8., the estimated cost of3 providing construction inspection for DISTRICT DRAINAGE FACILITIES, in an amount as 4 determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749, 6 including any amendments thereto, of the County of Riverside, based upon the bonded value of 7 DISTRICT DRAINAGE FACILITIES.

8 4. Develop a design and implementation plan for the proposed bio swale as 9 required by the California Regional Water Control Board's 401 Certification letter dated May 5, 2005. DEVELOPER shall be responsible for meeting all fmal and intermediate success criteria 11 12 for establishment of the bio swale for a minimum period of five (5) years, or as needed to meet 13 the success criteria, following completion of PROJECT including, but not limited to, planting, 14 maintenance, monitoring and reporting. DEVELOPER shall be responsible for all costs incurred under the 401 Certification during this period. 16 5. Secure, at its sole cost and expense, all necessary licenses, agreements, 17 permits and rights of entry as may be needed for the construction, inspection, operation and 18 maintenance of DISTRICT DRAINAGE FACILITIES.19 DEVELOPER shall furnish DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as 21 set forth in Section 1.8. or not less than twenty (20) days prior to recordation of the final map for 22 Tract No. 30142-1 or any phase thereof, whichever occurs first, with sufficient evidence of 23 DEVELOPER having secured such necessary licenses, agreements, permits and rights of entry, 24 as determined and approved by DISTRICT.

6. Furnish DISTRICT with copies of all permits, approvals or agreements 26 27 required by any Federal or State resource and/or regulatory agency for the construction, 28 operation and maintenance of DISTRICT DRAINAGE FACILITIES. Such documents include - 6 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 56
Menifee Mayor and City Council
May 17, 2023
Page
886 of 1033

5 10
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25 121951
but are not limited to those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Game, and State Water 2 Resources Control Board. 3
4 7. Provide CITY, at the time of providing written notification to DISTRlCT of the start of construction as set forth in Section 1.8., or not less than twenty (20) days prior to 6 recordation of the final map for Tract No. 30142-1, whichever comes first, with faithful 7 performance and payment bonds, each in the amount of one hundred percent (100%) of the 8 estimated cost for construction of DISTRlCT DRAINAGE FACILITIES as determined by 9 DISTRlCT and CITY. The surety, amount and form of the bonds shall be subject to the approval of DISTRlCT and CITY. The bonds shall remain in full force and effect until 11 12 DISTRlCT DRAINAGE FACILITIES are accepted by DISTRlCT as complete; at which time 13 the bond amount may be reduced to 10% for a period of one year to guarantee against any 14 defective work, labor or materials.

8. Notify DISTRICT in writing (Attention: Administrative Services) at least 16 twenty (20) days prior to the start of construction of DISTRICT DRAINAGE FACILITIES. 17 Construction shall not begin on any element of DISTRlCT DRAINAGE FACILITIES, for any 18 reason whatsoever, until DISTRICT has issued to DEVELOPER a written Notice to Proceed 19 authorizing DEVELOPER to commence construction ofDISTRlCT DRAINAGE FACILITIES. 21 9. Grant DISTRlCT and CITY, by execution of this Agreement, the right to 22 enter upon DEVELOPER'S property where necessary and convenient for the purpose of gaining 23 access to, and performing inspection service for the construction of PROJECT as set forth 24 herein.

10. Obtain and provide DISTRlCT, at the time of providing written26 27 notification to DISTRlCT of the start of construction of DISTRlCT DRAINAGE FACILITIES 28 as set forth in Section 1.8., or not less than twenty (20) days prior to the recordation of the final - 7 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 57
Menifee Mayor and City Council
May 17, 2023
Page
887 of 1033

5 10
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25 121951
map for Tract No. 30142-1 or any phase thereof, whichever occurs first, with duly executed Irrevocable Offer(s) of Dedication to the public for flood control and drainage purposes, 2 including ingress and egress, for the rights of way deemed necessary by DISTRICT for the 3 4 construction, inspection, operation and maintenance of DISTRICT DRAINAGE FACILITIES, as shown in concept highlighted in purple and cross-hatched in red on Exhibit "B" attached 6 hereto and made a part hereof. The Irrevocable Offer(s) of Dedication shall be in a form 7 approved by DISTRICT and shall be executed by all legal and equitable owners of the property 8 described in the offer(s).
9 11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication as set forth in Section 1.10., with Preliminary Reports on Title dated not more than 11 12 thirty (30) days prior to date of submission of all the property described in the Irrevocable 13 Offer(s) of Dedication.
14 12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as set forth in Section 1.8. with a complete list of all contractors and 16 subcontractors to be performing work on DISTRICT DRAINAGE FACILITIES, including the 17 corresponding license number and license classification of each. At such time, DEVELOPER 18 shall further identify in writing its designated superintendent for DISTRICT DRAINAGE 19 FACILITIES construction.
21 13. Furnish DISTRICT, at the time of providing written notice to DISTRICT 22 of the start of construction as set forth in Section 1.8., a construction schedule which shall show 23 the order and dates in which the DEVELOPER or DEVELOPER'S contractor proposes to carry 24 on the various parts of work, including estimated start and completion dates. As construction of DISTRICT DRAINAGE FACILITIES progresses, DEVELOPER shall update said construction 26 27 schedule as requested by DISTRICT.
28 - 8 ­
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 58
Menifee Mayor and City Council
May 17, 2023
Page
888 of 1033

5 10
15 20
25 121951

14. Furnish DISTRICT with final mylar IMPROVEMENT PLANS and assign their ownership to DISTRICT at the time DISTRICT approves and signs said final mylar2 IMPROVEMENT PLANS, and prior to the start of DISTRICT DRAINAGE .FACILITIES 3

construction.
4 15. Not permit any change to or modification of IMPROVEMENT PLANS 6 without the prior written permission and consent of DISTRICT.

7 16. Comply with all Cal/OSHA safety regulations including regulations 8 concerning confined space and maintain a safe working environment for DEVELOPER and 9 DISTRICT employees on the site.

17. Furnish DISTRICT, at the time of providing written notice to DISTRICT 11 12 of the start of construction as set forth in Section 1.8. a confined space procedure specific to 13 DISTRICT DRAINAGE FACILITIES. The procedure shall comply with requirements 14 contained in California Code of Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and DISTRICT Confined Space 16 Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT prior to the 17 issuance of a Notice to Proceed. 18
19 18. During the construction period of DISTRICT DRAINAGE FACILITIES, provide Workers' Compensation Insurance in an amount required by law. A certificate of said 21 insurance policy shall be provided to DISTRICT, the County of Riverside and CITY at the time 22 of providing written notice pursuant to Section 1.8. 23 19. Commencing on the date notice is given pursuant to Section 1.8. and 24 continuing until DISTRICT accepts DISTRICT DRAINAGE FACILITIES for ownership, 26 operation and maintenance:
27 (a) Provide and maintain or cause its contractor(s) to provide and 28 maintain comprehensive liability insurance coverage which shall - 9 ­
Item Title: 10.14
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Item Page Number: 59
Menifee Mayor and City Council
May 17, 2023
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protect DEVELOPER from claim from damages for personal
2 injury, including accidental and wrongful death, as well as from 3 claims for property damage which may arise from DEVELOPER'S 4 construction of PROJECT or the perfonnance of its obligations hereunder, whether such construction or perfonnance be by 6 DEVELOPER, by any of its contractors, subcontractors, or by 7 anyone employed directly or indirectly by any of them. Such 8 insurance shall name DISTRICT, the County of Riverside and 9 CITY as additional insureds with respect to this Agreement and the 11 obligations of DEVELOPER hereunder. Such insurance shall 12 provide for limits of not less than two million dollars ($2,000,000) 13 per occurrence.
14 (b) Cause its insurance carrieres) or its contractor's insurance carrieres), who shall be authorized by the California Department of Insurance 16 17
to transact the business of insurance in the State of California, to 18 furnish DISTRICT, the County of Riverside and CITY at the time 19 of providing written notice to DISTRICT of the start of construction as set forth in Section 1.8. with certificate(s) of 21 insurance and applicable policy endorsements showing that such 22 insurance is in full force and effect and that DISTRICT, the County 23 of Riverside and CITY are named as additional insureds with 24 respect to this Agreement and the obligations of DEVELOPER 26 hereunder. Further, said certificate(s) shall state that the issuing 27 company shall give DISTRICT, the County of Riverside and CITY 28 sixty (60) days written notice in the event of any cancellation, - 10 ­
Item Title: 10.14
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Item Page Number: 60
Menifee Mayor and City Council
May 17, 2023
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tennination, non-renewal or reduction in coverage of the policies evidenced by the certificate(s). In the event of any such2 cancellation, tennination, non-renewal or reduction in coverage,3 4 DEVELOPER shall, forthwith, secure replacement insurance meeting the provisions of this paragraph.
6 Failure to maintain the insurance required by this paragraph shall be 7 deemed a material breach of this Agreement and shall authorize and constitute authority for 8 DISTRICT, at its sole discretion, to proceed to perfonn the remaining work pursuant to Section 9 VI.3.
11 20. Construct or cause to be constructed, PROJECT at DEVELOPER'S sole 12 cost and expense in accordance with DISTRICT and CITY approved IMPROVEMENT 13 PLANS.
14 21. Within two weeks of completing PROJECT construction, provide DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 16 construction is substantially complete and requesting that DISTRICT conduct a final inspection 17 of DISTRICT DRAINAGE FACILITIES. 18
19 22. Upon completion of PROJECT construction and upon acceptance by CITY of all street rights of way deemed necessary by DISTRICT and CITY for the operation and 21 maintenance of PROJECT, but prior to DISTRICT acceptance of DISTRICT DRAINAGE 22 FACILITIES for ownership, operation and maintenance, conveyor cause to be conveyed to 23 DISTRICT fee simple title, in a fonn approved by DISTRICT, to the rights of way as shown in 24 concept shaded in purple and cross-hatched in red in Exhibit "B".

23. At the time of recordation of the conveyance docurnent(s) as set forth in 26 27 Section 1.22., furnish DISTRICT with policies of title insurance, each in the amount of not less 28 than one hundred percent (l00%) of the estimated fee value, as detennined by DISTRICT, for - 11 ­
Item Title: 10.14
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Item Page Number: 61
Menifee Mayor and City Council
May 17, 2023
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each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICTS interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and 2 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are 3 deemed acceptable. 4

24. Accept ownership and sole responsibility for the operation and 6 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility 7 for operation and maintenance of DISTRICT DRAINAGE FACILITIES and CITY accepts 8 ownership and responsibility for operation and maintenance of CITY DRAINAGE 9 FACILITIES. Further, it is mutually understood by the parties hereto that prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of DISTRICT11 12 DRAINAGE FACILITIES, PROJECT shall be in a satisfactorily maintained condition as solely 13 detennined by DISTRICT.
14 25. Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of DISTRICT DRAINAGE FACILITIES, all costs and reasonable expenses and 16 fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all 17 such costs, expenses and fees shall be computed as costs and included in any judgment 18 rendered.19

26. Upon completion of construction of PROJECT but prior to DISTRICT 21 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, 22 DEVELOPER'S civil engineer of record or construction civil engineer of record, duly registered 23 in the State of California, shall provide DISTRICT a redlined "record drawing" copy of 24 IMPROVEMENT PLANS. After DISTRICT approval of the redlined "record drawing", 26 DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer the redlined changes 27 onto DISTRICTS original mylars at DISTRICTS office, after which, the engineer shall review, 28 stamp and sign the original IMPROVEMENT PLANS "RECORD DRAWING." - 12 ­
Item Title: 10.14
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Item Page Number: 62
Menifee Mayor and City Council
May 17, 2023
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27. Ensure that all work performed pursuant to this Agreement by DEVELOPER, its agents or contractors is done in accordance with all applicable laws and 2 regulations, including but not limited to all applicable provisions of the Labor Code, Business 3 4 and Professions Code, and Water Code. DEVELOPER shall be solely responsible for all costs associated with compliance with applicable laws and regulations. 6 SECTION II

7 DISTRICT shall:
8 1. Review and approve IMPROVEMENT PLANS prior to the start of 9 DISTRICT DRAINAGE FACILITIES construction.

2. Provide CITY an opportunity to review and approve IMPROVEMENT 11 12 PLANS prior to DISTRICT'S final approval.
13 3. Upon execution of this Agreement, record or cause to be recorded, a copy 14 of this Agreement in the Official Records of the Riverside County Recorder.

4. Record, or cause to be recorded, the Irrevocable Offer(s) of Dedication 16 provided by DEVELOPER pursuant to Section 1.10.
17 18 5. Inspect DISTRICT DRAINAGE FACILITIES construction. 19 6. Keep an accurate accounting of all DISTRICT costs associated with the review and approval of IMPROVEMENT PLANS, the review and approval of right of way and 21 conveyance documents and the processing and administration of this Agreement. 22 7. Keep an accurate accounting of all DISTRICT construction inspection 23 costs, and within forty-five (45) days after DISTRICT acceptance of DISTRICT DRAINAGE 24 FACILITIES as being complete, submit a final cost statement to DEVELOPER. If the deposit, 26 as set forth in Section 1.3. exceeds such costs, DISTRICT shall reimburse DEVELOPER the 27 excess amount within sixty (60) days after DISTRICT acceptance of DISTRICT DRAINAGE 28 FACILITIES as being complete. If at any time the costs exceed the deposit or are anticipated - 13 ­
Item Title: 10.14
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Item Page Number: 63
Menifee Mayor and City Council
May 17, 2023
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by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amount(s), as 2 deemed reasonably necessary by DISTRICT to complete the inspection of DISTRICT 3 DRAINAGE FACILITIES, within thirty (30) days after receipt of billing from DISTRICT. 4 8. Accept ownership and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES, upon (i) DISTRICT acceptance of PROJECT 6 construction as being complete, (ii) recordation of all conveyance documents described in 7 Section 1.22., and (iii) acceptance by CITY of all necessary street rights of way as deemed 8 necessary by DISTRICT and CITY for the operation and maintenance of PROJECT. 9 9. By execution of this Agreement, grant CITY the necessary rights to 11 inspect, operate and maintain those portions of ROAD CULVERTS, if any, located within 12 DISTRICT'S CHANNEL right of way.
13 10. By execution of this Agreement, grant CITY and DEVELOPER, their 14 agents and contractors, the necessary rights to enter upon DISTRICT'S CHANNEL right of way for the purpose of performing their maintenance responsibilities as set forth herein. 16 17

11. Accept sole responsibility for maintaining CHANNEL'S line, grade and 18 appurtenant structures such that CHANNEL functions as a flood control facility at its design 19 level.

12. Provide CITY with a reproducible duplicate copy of "record drawing" 21 IMPROVEMENT PLANS upon DISTRICT acceptance of DISTRlCT DRAINAGE 22 FACILITIES as being complete.
23 SECTION III
24 TRANSPORTATION shall:
26 1. Not have any responsibilities under this Agreement and shall be relieved of 27 all responsibilities set forth in PREVIOUS AGREEMENT. 28 - 14 ­
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Item Page Number: 64
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May 17, 2023
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SECTION IV

AGENCY shall:

2 1. Not have any responsibilities under this Agreement and shall be relieved of3

4 all responsibilities set forth in PREVIOUS AGREEMENT.

SECTION V
6 7 CITY shall:
8 1. Review and approve IMPROVEMENT PLANS pnor to the start of 9 PROJECT construction.

2. Accept CITY and DISTRICT approved faithful performance and payment 11 bonds submitted by DEVELOPER as set forth in Section 1.7. and hold said bonds as provided 12 herein.
13 3. Inspect construction of CITY DRAINAGE FACILITIES and CHANNEL. 14

4. Consent, by execution of this Agreement, to the recording of any 16 Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement. 17 5. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication 18 as set forth herein, and any other outstanding offers of dedication necessary for the construction, 19 inspection, operation and maintenance of DISTRICT DRAINAGE FACILITIES, and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, inspect, operate and 21 maintain DISTRICT DRAINAGE FACILITIES. 22
23 6. Grant DISTRICT, by execution of this Agreement the right to construct, 24 inspect, operate and maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way.

7. Accept ownership and sole responsibility for the operation and 26 maintenance of CITY DRAINAGE FACILITIES upon DISTRICT acceptance of DISTRICT 27 DRAINAGE FACILITIES as being complete.
28 - 15 ­
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Item Page Number: 65
Menifee Mayor and City Council
May 17, 2023
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8. Upon DISTRlCT acceptance of CHANNEL for ownership, operation and maintenance, accept sole responsibility for routine day to day maintenance of CHANNEL 2 including but not limited to, removal of trash and debris, performing graffiti removal and 3 vegetation control including any necessary mowing, cutting and weed abatement associated 4

therewith.

6 9. Upon DISTRlCT acceptance of CHANNEL for ownership, operation and 7 maintenance, accept sole responsibility, with the exception of DEVELOPER'S 401 Certification 8 bio swale responsibilities set forth in Section 1.4., for maintenance of any water quality features 9 located within DISTRICT'S CHANNEL right of way, including but not limited to, repairing and/or replacing pathways, access roads, landscaping and the routine removal of accumulated11 litter, trash and debris associated with CITY'S use of CHANNEL right of way.12 13 10. Not construct any structures or improvements or cause any change to or 14 modification within DISTRICT'S CHANNEL right of way without obtaining the prior written permission and consent ofDISTRlCT.
16 11. Remove any unauthorized structures or improvements or cease any 17 interfering use upon receipt of a written notification from DISTRICT in the event DISTRICT'S 18 General Manager-Chief Engineer determines that such structures or improvements or use of19 DISTRlCT'S CHANNEL right of way in any way interfere with CHANNEL'S primary purpose 21 and function.
22 12. Recognize that CHANNEL is an active watercourse and, hence, 23 DISTRICT'S CHANNEL right of way will be subject to periodic flooding, flood hazards and 24 possible flood damage.

13. Assume all liability in conjunction with the CITY'S use of DISTRlCT'S26 CHANNEL right of way including claims of third persons for injury or death or damage to 27 28 property. Said obligation shall not include any inverse condemnation liability of CITY by - 16 ­
Item Title: 10.14
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Item Page Number: 66
Menifee Mayor and City Council
May 17, 2023
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reason of location of CHANNEL or DISTRICT'S improvements thereto unless such liability is the result of use of the property pursuant to CITY'S actual or tacit consent. 2 14. Upon DISTRICT acceptance of CHANNEL for ownership, operation and 3 4 maintenance, accept sole responsibility for providing public security and safety in conjunction with the CITY'S use ofDISTRlCT'S CHANNEL right of way.
6 15. Ensure the safety of all persons who may use CHANNEL right of way by 7 conducting regular safety inspections and promptly repairing any damage to DISTRlCT'S 8 CHANNEL right of way that may be necessary to ensure the safety of the public. 9 16. Repair any damage to CHANNEL right of way resulting from CITY'S use 11 thereof.
12 SECTION VI
13 It is further mutually agreed:
14 l. All work involved with DISTRICT DRAINAGE FACILITIES shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted in 16 writing as complete by DISTRICT.
17 2. CITY and DEVELOPER personnel may observe and inspect all work 18 19 being done on DISTRlCT DRAINAGE FACILITIES, but shall provide any comments to DISTRlCT personnel who shall be solely responsible for all quality control communications 21 with DEVELOPER'S contractor(s) during the construction of DISTRICT DRAINAGE 22 FACILITIES.
23 3. DEVELOPER shall complete construction of DISTRlCT DRAINAGE 24 FACILITIES within twelve (12) consecutive months after execution of this Agreement and within one hundred twenty (120) consecutive calendar days after commencing work on26 27 DISTRlCT DRAINAGE FACILITIES. It is expressly understood that since time is of the 28 essence in this Agreement, failure of DEVELOPER to perform the work within the agreed upon - 17 ­
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 67
Menifee Mayor and City Council
May 17, 2023
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time shall constitute authority for DISTRICT to perform the remaining work and require 2 DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, 3 CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred. 4 4. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in 6 Section 1.8.; however, DISTRICT'S construction inspection staff is limited and, therefore, the 7 issuance of a Notice to Proceed is subject to staff availability. 8 In the event DEVELOPER wishes to expedite issuance of a Notice to 9 Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at 11 DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation 12 of the individual's credentials and experience to DISTRICT for review and, if appropriate, 13 approval. DISTRICT shall review the individual's qualifications and experience and, upon 14 approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT'S behalf on all DISTRICT DRAINAGE FACILITIES 16 construction and quality control matters. If DEVELOPER'S initial construction inspection 17 18 deposit furnished pursuant to Section 1.3. exceeds ten thousand dollars ($10,000), DISTRICT 19 shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR; 21 however, a minimum balance of ten thousand dollars ($10,000) shall be retained on account. 22 5. DISTRICT DRAINAGE FACILITIES construction work shall be on a five 23 (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT 24 designated legal holidays, unless otherwise approved in writing by DISTRICT. If 26 DEVELOPER feels it is necessary to work more than the normal forty (40) hour work week or 27 on holidays, DEVELOPER shall make a written request for permission from DISTRICT to 28 work the additional hours. The request shall be submitted to DISTRICT at least 72 hours prior - 18 ­
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 68
Menifee Mayor and City Council
May 17, 2023
Page
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to the requested additional work hours and state the reasons for the overtime and the specific time frames required. The decision of granting permission for overtime work shall be made by 2 3 DISTRICT at its sole discretion and shall be final. If permission is granted by DISTRICT, 4 DEVELOPER will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with Ordinance Nos. 671 and 6 749, including any amendments thereto, of the County of Riverside. 7 6. DEVELOPER shall not request DISTRICT to accept any portion or 8 portions of DISTRICT DRAINAGE FACILITIES or CITY to accept any portion or portions of 9 CITY DRAINAGE FACILITIES prior to completion of PROJECT construction. 11 7. DEVELOPER shall indemnify and hold harmless DISTRICT and CITY 12 (including their agencies, districts, special districts and departments, their respective directors, 13 officers, Board of Supervisors, elected and appointed officials, employees, agents and 14 representatives) from any liability, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to DEVELOPER'S (including its officers, employees, 16 subcontractors and agents) actual or alleged acts or omissions related to this Agreement, 17 18
performance under this Agreement, or failure to comply with the requirements of this 19 Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c) liability or damage pursuant to Article I, Section 19 of the California Constitution, the Fifth 21 Amendment of the United States Constitution or any other law, ordinance or regulation caused 22 by the diversion of waters from the natural drainage patterns or the discharge of drainage within 23 or from PROJECT; or (d) any other element of any kind or nature whatsoever. 24 DEVELOPER shall defend, at its sole expense, including all costs and fees 26 (including but not limited to attorney fees, cost of investigation, defense and settlements or 27 awards), DISTRICT and CITY (including their agencies, districts, special districts and 28 departments, their respective directors, officers, Board of Supervisors, elected and appointed - 19­
Item Title: 10.14
Quitclaim

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Hidden Hills Tract 30142-1
Item Page Number: 69
Menifee Mayor and City Council
May 17, 2023
Page
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13 14
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23 24
25 26
27 28
121951
officials, employees, agents and representatives) in any claim, proceeding or action for which indemnification is required.

With respect to any of DEVELOPER'S indemnification requirements, DEVELOPER shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such claim, proceeding or action without the prior consent of DISTRICT or CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes DEVELOPER'S indemnification obligations to DISTRICT or CITY.

DEVELOPER'S indemnification obligations shall be satisfied when DEVELOPER has provided to DISTRICT and CITY the appropriate fonn of dismissal (or equivalent document) relieving DISTRICT and/or CITY from any liability for the claim, proceeding or action involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe DEVELOPER'S obligations to indemnify and hold hannless DISTRICT and CITY from third party claims.

In the event there is conflict between this section and California Civil Code Section 2782, this section shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the DEVELOPER from indemnifying DISTRICT or CITY to the fullest extent allowed by law.

8. Any waiver by DISTRICT or by CITY of any breach of anyone or more of the tenns of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other tenn hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any tenns of this Agreement shall not be construed as in any manner changing the tenns hereof, or estopping DISTRICT or CITY from enforcement hereof.
- 20­
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 70
Menifee Mayor and City Council
May 17, 2023
Page
900 of 1033

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9. If any provIsIon In this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless 2 continue in full force without being impaired or invalidated in any way. 3 10. DISTRICT and CITY each pledge to cooperate in regard to the operation 4 and maintenance of their respective facilities as set forth herein, and to discharge their 6 respective maintenance responsibilities in an expeditious fashion so as to avoid the creation of 7 any nuisance condition or undue maintenance impact upon the others' facilities. 8 11. This Agreement is to be construed in accordance with the laws of the State 9 of California.

12. Any and all notices sent or required to be sent to the parties of this 11

12 Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL 13 AND WATER CONSERVATION DISTRICT 1995 Market Street 14 Riverside, CA 92501
Attn: Contract Administration Section
KB HOME COASTAL, INC. 16 36310 Inland Valley Drive
Wildomar, CA 92595 17 Attn: Tim Roberts
18 COUNTY OF RIVERSIDE
Attn: Transportation Department 19 Post Office Box 1090 Riverside, CA 92502-1090

CITY OF MENIFEE
Attn: City Manager
29714 Haun Road
Menifee, CA 92586
COUNTY SERVICE AREA 145
Post Office Box 1180
Riverside, CA 92502-1180
Attn: Bill Brown
21 13. Any action at law or in equity brought by any of the parties hereto for the 22 purpose of enforcing a right or rights provided for by this Agreement, shall be tried in a court of 23 competent jurisdiction in the County of Riverside, State of California, and the parties hereto 24 waive all provisions of law providing for a change of venue in such proceedings to any other county.
26 14. This Agreement is the result of negotiations between the parties hereto, and 27 28 the advice and assistance of their respective counsel. The fact that this Agreement was prepared - 21 ­
Item Title: 10.14
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Item Page Number: 71
Menifee Mayor and City Council
May 17, 2023
Page
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as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT 2 prepared this Agreement in its final form.
3 15. The rights and obligations of DEVELOPER shall inure to and be binding 4 upon all heirs, successors and assignees.
6 16. DEVELOPER shall not assign or otherwise transfer any of its rights, duties 7 or obligations hereunder to any person or entity without the written consent of the other parties 8 hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER 9 expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this Agreement.
11 17. The individual(s) executing this Agreement on behalf of DEVELOPER12 13 hereby certify that they have the authority within their respective company(ies) to enter into and 14 execute this Agreement, and have been authorized to do so by any and all boards of directors, legal counsel, and or any other board, committee or other entity within their respective 16 company(ies) which have the authority to authorize or deny entering into this Agreement. 17 18. This Agreement is intended by the parties hereto as a final expression of 18 their understanding with respect to the subject matter hereof and as a complete and exclusive 19 statement of the terms and conditions thereof and supersedes any and all prior and 21 contemporaneous agreements and understandings, oral or written, in connection therewith. This 22 Agreement may be changed or modified only upon the written consent of the parties hereto. 23 II
24 26
27 28
- 22­
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 72
Menifee Mayor and City Council
May 17, 2023
Page
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on MA 2420112
(to be filled in by Clerk of the Board)
3 VERSIDE COUNTY FLOOD CONTROL4
RECOM~PPROV AND WATER CONSERVATION DISTRICT
By~ - "
.. ByLL1f1'A~Chad-~6 WARREN D. WILLIAMS
General Manager-Chief Engineer Riverside County Flood Control and Water 7 Conservation District Board of Supervisors
8 APPROVED AS TO FORM: ATTEST:

9 -"" : ~.l.. "KECIA HARPER-I HEM : >.,Clerk of the Board . .. 11 By--i--_--=-_~_..,A-+_--=:...-:::_
NE L R. KIPNIS12
Deputy County Counsel
13 (SEAL)
14 D FOR APPROVAL: COUNTY OF RIVERSIDE
16 By vU 911A~
17 BOB BUS~ER, Chairman
County of Riverside Board of Supervisors
18 ATTEST:19

KECIA HARPER-IHEM
Clerk 0 the Board
:Crr,.z;0R APPROVAL:21
22 ROB FIELD
Assistant County Executive OfficerlEDA23
24 (SEAL) .
26 Amended and Restated Cooperative Agreement: Tract No. 30142-1

27 JPS:blj
3/31110

28 - 23 ­
MAY 242011 1I/?J
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 73
Menifee Mayor and City Council
May 17, 2023
Page
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2 3
4 APPROVED AS TO FORM: ATTEST:

KATHY BENNETT
6 7 BY-{£~
City Attorney 8
(SEAL)9
11 12
13 14
16 17
18 19
21 22 Amended and Restated Cooperative Agreement: Tract No. 30142-1 JPS:blj23 3/31/10
24 26
27 28
- 24­
Item Title: 10.14
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Hidden Hills Tract 30142-1
Item Page Number: 74
Menifee Mayor and City Council
May 17, 2023
Page
904 of 1033

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25 121951
ASTAL, INC.
oration
2 MICHAEL H. FREEMAN, JR.
3 Vice President, Land and Forward Planning
4 (ATTACH NOTARY WITH

CAPACITY STATEMENT)
6 7
8 9
11 12
13 14
16 17
18 19
21 22
23 24
Amended and Restated Cooperative Agreement: Tract No. 30142-1 JPS:blj
26 3/31/10
27 28
- 25 ­
Item Title: 10.14
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Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 75
Menifee Mayor and City Council
May 17, 2023
Page
905 of 1033

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 21, 2010 before me, Richard R. Keller, Notary Public, personally appeared Michael H. Freeman, Jr., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ooFItReif authorized capacity(ies), and that by his/Ref4i:lBjF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

RICHARD R. KElLER

.-. Comml~lo # 1719140
Richard R. Keller ~ ." ' Notary Public· Collfomla ~

. Rlve~lde County

~MyComm. ExplresJcn 21, 20n
,
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 76
Menifee Mayor and City Council
May 17, 2023
Page
906 of 1033

RecorderLARRY W. WARD P.O. Box 751
COUNTY OF RIVERSIDE Riverside, CA 92502-0751
(951) 486-7000

ASSESSOR-COUNTY CLERK-RECORDER
www',rivc.'rside.1cr,('tlOl

CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury that the folloWing is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):

Sheet 23:

RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT CALIFORINA 1945 (seal)
Sheet 24:

CITY OF MENIFEE, CALIFORNIA; CORPORA TEDSEAL OCT 1, 2008 CALIFORNIA (seal)
Date: 06/29/2011
Signature:

Print Name: Ami Urista
ACR 60 IP-AS4REO (Rev. 0912005) Available in Alternate Fonnats Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 77
Menifee Mayor and City Council
May 17, 2023
Page
907 of 1033

Exhibit A

NEWPORT ROAD
CRAIG AVE.
o (f)
z
~ ~
GARBANI..:x: ROAD PROJECTt---: w SITE cr.: cr.:
:)
~
scan ROAD

VICINITY MAP
N.T.S.

Cooperative Agreement

Tract No. 30142-1

1/2
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 78
Menifee Mayor and City Council
May 17, 2023
Page
908 of 1033

Exhibit A
GREEN --___
RED --..,.

GREEN
._-- BLUE
___-- PURPLE
RED - __
7-~:::r:z~
BLUE ---4----r.-t-::;::>""\~
RED
PURPLE ---­
RED
-===z=:~~g. _-=-__ ~ ,
---~-- IRED .-L------ W!CKERD~
Cooperative Agreement

Tract No. 30142-1

2/2

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 79
Menifee Mayor and City Council
May 17, 2023
Page
909 of 1033

Exhibit B
PURPLE
N.T.S.

PURPLE
Q
~ It
CI)
:0:1 PURPLE
~.
lU .;
GARBANI ~~AD J
- ::::=:.;;;::;=;;
======:..:=::::: -':z-.-=--y--
~--
" ". -=--- ---~ ----- ._-_.
----=-- -­WICKERD ROAi;
Cooperative Agreement
Tract No. 30142-1
1/2
Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 80
Menifee Mayor and City Council
May 17, 2023
Page
910 of 1033

, .

Exhibit B

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\ (

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I~""I
1°I···
J
I
0 1 I RED<\ I
~ti
z' I 1

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'G:; l.:.i I
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~:~.-.~~II:-~II ~-"'J...- - - - - J
I ;" L..:~:: ;- ~
+ii ~-'-~-- cRAIG AVE. -----, ~--,
Cooperative Agreement

Tract No. 30142-1

2/2

Item Title: 10.14
Quitclaim

Deeds

to

Riverside

County

Flood

Control

and

Water

Conservation

District

for

Storm

Drainage

Easements

for
Hidden Hills Tract 30142-1
Item Page Number: 81
Menifee Mayor and City Council
May 17, 2023
Page
911 of 1033

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and 90% Release of Security for Tract Map 36485-8, Audie Murphy Ranch, by
Sutter Mitland 01, LLC
MEETING DATE: May 17, 2023
TO: Mayor and City Council
PREPARED BY: Andrew Walle, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 36485-8, Audie Murphy Ranch, located on the northwest corner of Normandy Road and Audie Murphy Road North; and

2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard Policies.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (AMR) Tract 36485-8, a subdivision of 23.03 gross acres into 93 lots for residential purposes. The tract is located on the northwest corner of Normandy Road and Audie Murphy Road North, as depicted in the attached project map. As part of the development requirements, Sutter Mitland 01, LLC, constructed streets, drainage, water, recycled water and sewer system improvements and installed survey monuments.

Sutter Mitland 01, LLC has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 and Table 2 on the following page.

Item Title: 10.15
Acceptance

of

Public

Improvements

and

90%

Release

of

Security

for

Tract

Map

36485-8,

Audie

Murphy

Ranch,

by

Sutter
Mitland 01, LLC
Item Page Number: 1
Menifee Mayor and City Council
May 17, 2023
Page
912 of 1033

City of Menifee Staff Report
Public Improvements Tract Map 36485-8
May 17, 2023